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The Latest Breaking News from Thomas

Is the ADA Tainted By Unconstitutional Animus?

Is the exclusion of "gender identity disorders" from the ADA based on a "bare desire to harm"?

Reason

Goldilocks and the Four Non-Originalists

Counterman v. Colorado was a throwback to a different era.

Reason

Making Sense Of The Votes In Mallory v. Norfolk Southern Railway Co.

The decision this term that has the largest potential for a legal "jolt" was Mallory.

Reason

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A Lawyer Who Litigated Grutter Comments on the Court's College Admission Racial Preferences Cases

I've known Michael Rosman at the Center for Individual Rights for almost 30 years; he has litigated many important cases, including with regard to racial preferences, and was one of the lawyers in Grutter v. Bollinger. I'm therefore delighted to pass along his short reactions to Students for Fair Admission…

Reason

Mountain West Football: First Look At The New Mexico State Aggies

The Aggies outperformed expectations last year. Can they do it again while contending with two Mountain West opponents?

USA Today Sports Media Group

Congratulations to Our Own Randy Barnett, David Bernstein, and Gail Heriot,

on being cited by opinions in today's Student for Fair Admissions case: Randy and Gail were cited in Justice Thomas's concurrence, and David was cited several times in Justice Gorsuch's concurrence.

Reason

What Is The Effect Of The "Judgment" From Harper I?

Chief Justice Roberts, and regrettably Justice Barrett, keep the case alive by succumbing to the writ of erasure fallacy.

Reason

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Author Michael Rosen chokes up in Repair Shop NHS special after near-death coma

BBC One viewers are in for an emotional ride as The Repair Shop marks the 75th anniversary of the NHS by restoring everything from a Thomas The Tank Engine catering trolley to a vintage doctor's bag

Daily Mirror

What's Left Standing of Special Solicitude for States After U.S. v. Texas?

The Supreme Court did not overturn the standing holding of MAssachusetts v. EPA, but it may have left it on life support.

Reason

Counting to Five in Texas v. United States

Justice Kavanaugh penned a narrow decision that cobbled together a majority.

Reason

Predicting Case Authors and Outcomes as the Supreme Court Hits the Home Stretch

Some worth-what-you-paid-for-them predictions for the final(?) week of SCOTUS opinions.

Reason

Start the Death Watch for the Overbreadth Doctrine

United States v. Hansen signals the Court is not willing to "strike down" laws that may, hypothetically, burden someone else's speech rights.

Reason

"Brackeen's Third Sovereign"

I much appreciated the guest-post by Prof. Lorianne Updike Toler (Northern Illinois) on Brackeen back in November, based on her recent University of Chicago Law Review article, The Missing Indian Affairs Clause; now that Brackeen has been handed down, I thought I'd pass along this follow-up: Halaand v. Brackeen, which…

Reason

Justice Thomas Declines To Extend Non-Originalist Confrontation Clause Precedent

Don't act surprised when Thomas narrowly reads made-up Brennan decision from 1968 that itself reversed precedent.

Reason

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Newsroom.co.nz

The cancer patient who changed my approach to medicine

Along with penicillin and morphine, asking and listening are among the most essential tools in our medicine cabinets, writes medical student Thomas Swinburn

Reason

Roaming Polansky and the Constitutionality of Qui Tam

Three decades later, the George H.W. Bush SCOTUS strategy finally has three votes.

Reason

The Kavanaugh Concurrence When He Swings Left

I'm holding my breath on his predictions in Allen and Brackeen.

Reason

A Tale of Two Originalists

Justice Gorsuch v. Justice Thomas in Brackeen.

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The Independent UK

BMW driver admits causing death of pregnant mother-of-two in M66 crash

Judge Maurice Greene remanded Adil Iqbal into custody to await sentencing on July 19.

Reason

Reservations For Two

Justices Gorsuch and Alito have diametrically opposite perspectives on Indian Tribes

Reason

Professor Barrett Flunks Brackeen's Lawyers

Justice Thomas would place the burden on the government, and follow a presumption of liberty.

The Independent UK

South Korean Tom Kim equals US Open record

The 20-year-old from South Korea made birdies on the first, third, fourth, sixth, eighth and ninth.

Reason

Congratulations to Randy Barnett and Sam Bray, on Their S. Ct. Cites

Randy Barnett's The Original Meaning of the Commerce Clause was cited on Thursday by Justice Thomas's dissent in Haaland v. Brackeen and on May 25 in Justice Thomas's concurrence in Sackett v. EPA, and Sam Bray's "Necessary and Proper" and "Cruel and Unusual": Hendiadys in the Constitution was cited on…

Reason

Download Edited Version Of Haaland v. Brackeen From Barnett/Blackman Supplement

133 pages down to 30 pages.

Reason

Has Justice Gorsuch Ever Written An Opinion That Ruled Against An Indian Tribe or Member?

9-0.

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