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HISTORICAL FACTS: 7 - The Untold Story

16 Disclosures from the New York Times Leak Report About Dobbs

Jodi Kantor and Adam Liptak of the New York Times have published a remarkable story about Dobbs that reports on private correspondences, votes at conference, and more. This post will highlight sixteen of the largest disclosures, and close with some broader thoughts. And I've presented this narrative in (roughly) chronological…

Reason

Counting to Four on LGBT without NMG

Justice Gorsuch has been consistent from Kastl to Edmo to Grimm to Bostock to Kincaid to Tingley.

Reason

The Myth of the Federal Private Nondelegation Doctrine, Part 1

Serial-blogging my recent article in the Notre Dame Law Review

Reason

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The mockery of an unelected monarchy

The Supreme Court can’t be bothered by silly things like a code of ethics or checks and balances

Salon

"Lawmakers Aren't Afraid of Mothers as Voters—But They Will Be"

Why Ohio's "off-year" election results matter.

Marie Claire

Justice Alito: No Need to Recuse When Justice Has Been Interviewed by a Lawyer (or by Employee of Party) in a Pending Case

The matter involves a Wall Street Journal interview of Justice Alito, which didn't discuss the case in which one of the interviewers is a party.

Reason

Are We Living Through a Standing Realignment?

Recent Supreme Court cases suggest that both the left and the right are already repositioning themselves.

Reason

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Justice Barrett's Shadow Docket Policy: Do The Opposite Of Whatever The Fifth Circuit Did (Updated)

Forget Doe v. Mills. Justice Barrett will grant relief on the shadow docket when the Fifth Circuit steps out of line.

Reason

Second Amendment Roundup: The Supreme Court stays vacatur of ATF regulations.

The 5th Circuit finds plaintiffs likely to succeed in challenging another set of ATF rules that implicate the Second Amendment.

Reason

Shadow Docket Delays

What does it mean when the Circuit Justice extends an administrative stay?

Reason

Conservatives Should Not Be Surprised By Justice Barrett's Cautious Approach

Barrett was added to the SCOTUS short-list only seventeen days after she was confirmed to the Seventh Circuit.

Reason

Conservatives Should Not Be Surprised By Justice Gorsuch's Opinion in Bostock

Revisting Kastl v. Maricopa County Community College District.

Reason

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

Five Decades From Hardison to Groff

How could all of those courts get Hardison so wrong?

Reason

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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

Looking Back on the Supreme Court's 2022-23 Term

Some end-of-term comments and an assessment of my end-of-term predictions.

Reason

The Irony of Department of Education v. Brown—the Other Student Loan Forgiveness Case Decided by the Supreme Court Yesterday

The Court unanimously ruled the plaintiffs in that case lacked standing. But they might end up getting what they wanted more fully than anyone else involved in the legal battle over student loan forgiveness.

Reason

"Dormant Commerce" and Corporate Powers

Some reflections on the decision in Mallory.

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Reason

What Does U.S. v. Texas Tell Us About The DACA Litigation?

Is this a ticket good for one ride?

Reason

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

Will Massachusetts v. EPA get the Lemon v. Kurtzman quiet interment?

The landmark environmental decision may have already been abandoned.

Reason

Justice Kavanaugh's Arrested Development

U.S. v. Texas, Linda v. Richard, and Brett v. Amy.

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

Oh Hale Yes!

Justices Sotomayor and Kagan cite Sir Matthew Hale.

Reason

Justice Alito Preempts ProPublica "Investigative Journalism"

"ProPublica has leveled two charges against me. . . . Neither charge is valid."

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