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HISTORICAL FACTS: 7 - The Untold Story

Supreme Court Justice Alito's Upside-Down Flag Controversy

Controversy surrounds Justice Alito's flag incident defended by Senator Cruz amid court-packing concerns.

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Flagpole to Heaven

I've learned a few things this past week about the Alitos. It seems that they have flag poles at their homes, and use flags to convey messages. I'm not sure if the Alitos have taken classes on flag semaphore. What those messages are, exactly, I do not know. At the…

Reason

30 Months After Only Three Justices Would Have Granted Cert in Roman Catholic Diocese of Albany, the New York Court of Appeals Holds Fulton Changed Nothing

Decisions from Justices Kavanaugh and Barrett continue to linger.

Reason

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Judicial Boycotts of Non-Elite Schools

In April 2009, a law student at American University asked Justice Scalia how a student from her school could become "outrageously successful" without "connections and elite degrees." (The clip begins around 52:00.) Scalia laughed out loud. He answered, "Just work hard and be very good." But then he digressed to…

Reason

CFPB v. CFSAA: Originalists v. Traditionalists

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

Reason

Rhymes with Punt

Following up on the fringe theory about Justice Alito's flag, Shannon Bream of Fox News has these tweets: I spoke directly with Justice #Alito about the flag story in the NYT. In addition to what's in the story, he told me a neighbor on their street had a "F--- Trump"…

Reason

Justice Alito's Home Flies US Flag Upside Down

Justice Alito's decision to fly the US flag upside down at his home post-January 6th events sparks debate and speculation about its symbolic meaning.

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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?

Reason

Justice Gorsuch's Concurrence in Labrador v. Poe

The walls are closing on universal, non-party injunctions against state laws.

Reason

Supreme Court Eases Path For Discrimination Lawsuits Against Employers

Supreme Court ruling favors employee in discrimination case involving forced transfer, setting precedent for future lawsuits.

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Justice Kavanaugh Rejects The Substantive "Veterans Benefits" Canon

A careful textualist analysis that speaks more broadly to other substantive canons, including Chevron deference.

Reason

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.

Reason

Is the Bell Tolling for Universal Injunctions?

Yesterday the Court stayed most of the district court's injunction in Labrador v. Poe, narrowing the injunction so that it protected only the plaintiffs from the enforcement of Idaho's statute restricting surgeries and other kinds of medical interventions for minors related to gender identity. Accompanying the Court's stay were three…

Reason

Mifepristone in the Supreme Court—Comments on Oral Argument (Updated)

Live commentary on the Supreme Court oral argument in FDA v. Alliance for Hippocratic Medicine

Reason

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The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket

The center of the Court wants to push back on temporary administrative stays and the Fifth Circuit.

Top News

US Supreme Court Extends Pause On Texas Immigration Law

US Supreme Court Justice Alito extends halt on Texas immigration law, pending further review. Supporters argue for border protection, critics raise concern...

Reason

Justices Thomas and Alito on Bias Response Teams

In Speech First, Inc. v. Sands, the Court vacated the Fourth Circuit's decision upholding Virginia Tech's Bias Intervention and Response Team Policy, on the grounds that the case had become moot. Justice Jackson would have denied the petition because of her views about when lower court decisions should be vacated…

Reason

Students Don't Have Right to Lie About Administrators

From Judge Robert Jonker's opinion today in Ashton v. Okemos Public Schools (W.D. Mich.): [Plaintiff's] daughter, E.B., served a time-limited expulsion from her high school after she lied to her parents and to the police about her interaction at school with an administrator and tried to get another student to…

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Reason

Ten Reflections on Justices Kavanaugh and Barrett's Votes In Dobbs

On Friday, I wrote a post that totaled nearly 6,000 words about the New York Times bombshell report on Dobbs. My initial goal was to simply lay out all of the new disclosures--and there were many of them. Now, I've had some time to think about this new information. Here,…

Reason

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

Salon

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

Marie Claire

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

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

Reason

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.

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