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The Latest Breaking News from Sotomayor

I wasn't planning on watching the presidential debate. Contrary to what readers may believe, I do not like politics. I much prefer the law. I'd rather read a transcript of oral argument than sit through a meaningless political debate. My agenda for last night was to finish a long post…

Reason

SEC v. Jarkesy: A Win for the Separation of Powers and the Right to Civil Jury Trial

The Supreme Court held today that the Seventh Amendment right to a civil jury trial in fraud cases was violated when an administrative law judge of the S.E.C. decided the case.

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KBJ DGAF

Unlike Justices Sotomayor and Kagan, Justice Jackson has no problems criticizing Justice Barrett.

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The Keys to Moyle: PPROM and Fertility

Justice Kagan and Sotomayor set the stage for Justice Barrett's vote.

Reason

Second Amendment Roundup: Rahimi Preserves Bruen

The real dissents are the concurrences by Justices Sotomayor and Jackson.

Reason

Department of State v. Munoz: The Sleeper ConLaw Case of the Term

Justice Barrett's majority clarifies Glucksberg, Mandel, Din, and Knauff, but Justice Sotomayor's dissent really wants to talk about Loving, Obergefell, and Dobbs.

Reason

Supreme Court OT2023 in the Final Stretch

The justices are rushing to close out the term before the end of June.

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Counting The Votes In An Unusual Per Curiam Opinion in Gonzalez v. Trevino

We know the identity of four members of the majority, but who else joined?

Reason

When I see an animal that looks like a duck, swims like a duck, and lays eggs like a duck…

…I see a duck-billed platypus. Cf. Garland v. Cargill (Sotomayor, J., dissenting) ("When I see a bird that walks like a duck, swims like a duck, and quacks like a duck, I call that bird a duck."). Alas, a platypus does not quack. But it is not pleasant when a…

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Justice Thomas Reverses President Trump's Executive Overreach in Cargill v. Garland

Justices Sotomayor, Jackson, and Kagan disregard ATF’s “about face.”

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Justices Agree on Constitutionality of Trademark Restriction, Disagree on How to Approach Such Questions

The underlying methodological debate might also bear on free speech disputes more broadly.

Reason

NRA v. Vullo and Trump v. Hawaii

Citing Governor Cuomo's tweets harkens back to, and perhaps foreshadows, litigation against President Trump.

Reason

Unanimous First Amendment Victory for the NRA (Represented by the ACLU)

From Justice Sotomayor's opinion today in NRA v. Vullo (the NRA was represented by the ACLU, with David Cole arguing before the Court; by William Brewer, Sarah Rogers & Noah Peters of Brewer Attorneys & Counselors; and by me): [A.] Six decades ago, this Court held that a government entity's…

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Supreme Court OT2023 at the End of May

The justices have been slow and quite agreeable -- so far.

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CFPB v. CFSAA: Originalists v. Traditionalists

The Court's originalists and traditionalists break out into their camps.

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Why did Justices Sotomayor, Kagan, and Jackson Dissent in Robinson v. Landry?

And what would have happened if Justices Thomas, Alito, and Gorsuch did not vote to grant the stay?

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Congratulations to Sam Bray, Whose National Injunction Article Was Cited Three Times by Justices Today

That happened in yesterday's opinions respecting the stay in Labrador v. Poe, twice in Justice Gorsuch's concurrence (joined by Justices Thomas and Alito), and once in Justice Jackson's dissent (joined by Justice Sotomayor). Nice! For Sam's substantive analysis of Labrador, see this post.

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Who is responsible for the 5th Circuit's alleged "troubling habit of leaving 'administrative' stays in place for weeks if not months"?

The worst offender is not Jim Ho, but Carl Stewart.

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Were There Last Minute Changes to Trump v. Anderson?

There are reasons to suspect the justices were wrangling over language up until the last minute.

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Oral Arguments in Trump v. Anderson Part IV: Justice Sotomayor and Kagan get the line between national power and federalism

The states do not need Section 3 to impose qualifications on state-created positions. But only the national government should decide questions about the President.

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Oral Arguments in Trump v. Anderson Part III: Justice Kavanaugh Gets Griffin's Case and Justice Barrett gets FedCourts

Why did Jonathan Mitchell not vigorously defend Griffin's Case and Chief Justice Chase? And Mitchell missed Justice Barrett's question about direct/collateral challenges due to his refusal to accept the sword-shield dichotomy.

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Oral Arguments in Trump v. Anderson Part II: Justice Jackson Gets "Office under the United States"

Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy. But Mitchell's concern about Foreign Emoluments Clause "boomerang" could have cut off a path of complete victory.

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Attending Oral Argument in Trump v. Anderson

Not exactly what I expected, but a very rewarding experience.

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Court Refuses to Block West Point Use of Race in Admissions, Doesn't Express Any Substantive Opinion on Question

From today's order in Students for Fair Admissions v. USMA at West Point: The application for writ of injunction pending appeal presented to Justice Sotomayor and by her referred to the Court is denied. The record before this Court is underdeveloped, and this order should not be construed as expressing…

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Oral Argument in Devillier v. Texas Suggests Victory for Property Rights Likely

Both conservative and liberal justices seem to oppose letting states get away with violating the Takings Clause merely because Congress hasn't enacted a specific law enforcing it against them.

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