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Chief Justice Burger Set the Stage for the Originalist Revolution

While conservative criticisms of the Burger Court may be justified, those criticisms do not apply to the "The Chief." He had only one vote on the Court ... and, too often, too little support from his colleagues to reach originalist results.

Reason

Minors and Addiction to Speech and Press

I'm finishing serializing my forthcoming Emory Law Journal article titled Addiction to Constitutionally Protected Activity: Speech, Press, and Religion. In… The post Minors and Addiction to Speech and Press appeared first on Reason.com.

Reason

The Law No Longer Listens To Justice Kennedy

Justice Kennedy's new book reminds me how grateful I am the law no longer listens to him.

Reason

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Would A Subsidy To Encourage Young Men and Women To Marry Be Constitutional?

The government would offer a graduated subsidy, based on the age of the mother, to marry under the age of 30, with the goal of promoting natural child conception.

Reason

Justice Kavanaugh Continues To Be The Only Justice To Explain Emergency Docket Orders

And Justice Kavanaugh has come a long way since using the term "noncitizen" instead of "illegal alien."

Reason

Who Was The Fourth Vote For Cert In Chiles v. Salazar?

In December 2023, only three Justices would have granted in Tingley v. Ferguson, which presented the same issue.

Reason

Ninth Circuit Upholds Nationwide Injunction in State Suit Against Birthright Citizenship Order

Judge Bumatay objects on standing grounds, arguing that courts should not seek to offset narrowing one form of relief by expanding another: "That would be like squeezing one end of a balloon—it just pushes all the air to the other end."

Reason

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Free Speech Coalition Brings Text, History, and Tradition to the Free Speech Clause

Justice Thomas tries to Bruenify free speech doctrine, but I'm not sure it will work.

Reason

The Status of Smith and Yoder After Mahmoud

The Court continues avoiding the Smith issue, but in an unexpected way.

Reason

Contrasting Coercion for the Free Exercise Clause in Mahmoud and Coercion for the Establishment Clause in Kennedy

The Court finds that the government cannot indirectly coerce children who are exercising their religious beliefs, but the government can indirectly coerce children who are not exercising their religious beliefs.

Reason

Religion at the Supreme Court

Three Cases from OT 2024

Reason

Have The Gundy and Fulton Moments Passed?

The intelligible principle test and Employment Division v. Smith are likely safe from Justices Kavanaugh and Barrett.

Reason

Justice Kavanaugh Lays Out His Roadmap In FCC v. Consumers' Research

Justice Kavanaugh parts ways with Justice Gorsuch on the non-delegation doctrine, but charts two paths for independent agencies.

Reason

Chief Justice Roberts and Justice Gorsuch Walk Back Bostock

Justice Sotomayor is right. The majority cannot just wish away Bostock.

Reason

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Reason

Supreme Court Rejects Constitutional Challenge to State Limits on Sex Transition Treatments for Minors

The Court's majority avoids the larger question of whether laws targeting transgender individuals should be subject to heightened scrutiny, but Justice Barrett did not.

Reason

Predictions For The Remaining 15 Cases

Barring any surprises, I do not expect any surprises.

Reason

See, I Told You So About Justice Barrett

Justice Barrett compares the Constitution to Odysseus. But I feel like Cassandra.

Reason

Second Amendment Roundup: Cert denied in rifle and magazine ban cases.

Justice Kavanaugh: “this Court should and presumably will address the AR–15 issue soon.”

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Reason

Is Justice Barrett "Solidifying Herself as the Swing Justice"?

Claims that Justice Amy Coney Barrett is at the center for the Court are not supported by the data. The truth is more complicated.

Reason

Justices Alito and Thomas Dissent from Court's Declining to Hear "There Are Only Two Genders" School T-Shirt Case

From Justice Alito's dissent from the denial of certiorari in L.M. v. Town of Middleborough, joined (with a twist) by… The post Justices Alito and Thomas Dissent from Court's Declining to Hear "There Are Only Two Genders" School T-Shirt Case appeared first on Reason.com.

Reason

The Supreme Court Said States Can't Discriminate in Alcohol Sales. They're Doing It Anyway.

Two decades after Granholm v. Heald was supposed to end protectionist shipping laws, states and lower courts continue to undermine the decision.

Reason

Is POTUS Or SCOTUS More To Blame In A "Clash Of Illegalities"?

Our expectations must be much higher for the unaccountable Supreme Court than the popularly-elected President.

Reason

Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act

A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.

The Independent UK

The Latest: Supreme Court hears arguments in case over Trump’s birthright citizenship order

The Supreme Court is hearing its first set of Trump-related arguments in the second Trump presidency

Reason

Vice President Vance Will Look For SCOTUS Nominees With "Real Courage" Who Have "Stood Up To The Crowd"

Vance mentions Justices Thomas and Alito as exhibiting this courage, but none of the Trump appointees.

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