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SHOCKING: 3 - What They Never Told You

The Saving Construction in NFIB and the Anti-Saving Construction in Learning Resources

Six justices found that the best reading of statute supports the government, but only three applied the major question doctrine. Why wasn't this a reversal?

Reason

Justice Gorsuch's Campy Concurrence

Justice Gorsuch takes us on visit of Camp Barrett, Camp Kagan, Camp Kavanaugh, and Camp Thomas.

Reason

Trump on the Supreme Court's Tariff Decision

It wasn't the Court's opinion that is an "embarrassment."

Reason

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SCOTUS Modifies Rule 29, Paper Briefs Can Be Filed Three Days After Timely Electronic Submission

This rule change effectively gives parties at least one more day to work on briefs, and make corrections.

Reason

Rumblings About Callais

The Supreme Court heard oral argument in Louisiana v. Callais back on October 15. At the time, there was a… The post Rumblings About Callais appeared first on Reason.com.

Reason

Fact-Finding At The Grammys

What is the sound of one Justice clapping?

Reason

NYT To SCOTUS: "I just want them to know we're watching them."

We learn fascinating insights about how the newspaper of record covers the "holy of holies of American law."

Reason

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National and Local Traditions for the Second Amendment

The Second Amendment does not have a geography clause.

Reason

Three Flawed Opinions In Bost v. Illinois State Board of Elections

The majority and dissent’s understanding of standing turned on their visions of democracy. The concurrence does not fare much better.

Reason

Minnesota Not So Nice

Plus: Solitary confinement for teens, the Disneyfication of protest, Alito asks about gender, autistic Barbie, and more...

Reason

Revisiting A.A.R.P. v. Trump In Light Of United States v. Maduro

The United States military is like a Denny's.

Reason

Thoughts on the Supreme Court Ruling Against Trump in the Illinois National Guard Case

The decision is a preliminary "shadow docket" ruling. But it strongly suggests the majority believes Trump's use of the Guard is illegal.

Reason

John Roberts Serves A Blue Plate Special, And The Progressives Forget All Of Their Complaints About The Shadow Docket

Trump v. Illinois is Robertsian faux minimalism at its worst.

Reason

Trump v. Slaughter was Trump v. United States Redux

But what does "conclusive and preclusive" actually mean?

Reason

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Reason

What Does It Mean To "Regulate Importation"?

It's the central question in the tariff cases, and one exchange during oral argument caught my ear

Reason

The Shortest SCOTUS Oral Argument In The Modern Era?

Coney Island Auto Parts, Inc. v. Burton was over in 37 minutes.

Reason

The Asymmetry on Standing for Liberals and Conservatives

Justice Kagan acknowledged an unspoken truth in standing law: it is easier for blue litigants to have standing than for red litigants.

Reason

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.

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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

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

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.

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