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THE TRUTH ABOUT: 2 - Caught on Camera

Justice Thomas, Joined by Justice Gorsuch, Argue for Broader Scope of Constitutional Ban on Ex Post Facto Laws

Brief excerpts from today's concurrence in Ellingburg v. U.S., though the whole opinion is worth a read: I join the… The post Justice Thomas, Joined by Justice Gorsuch, Argue for Broader Scope of Constitutional Ban on Ex Post Facto Laws appeared first on Reason.com.

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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

Hecox May Still Hide In Justice Kennedy's Shadow

There is nothing originalist about Footnote Four, animus, and suspect classes. Let it go already.

Reason

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Can You Waive A Substantive Canon?

Justice Gorsuch suggested that the West Virginia did not raise the clear statement rule, Justice Sotomayor countered that a substantive canon cannot be waived.

Reason

Justice Sotomayor Authors First Opinion of Supreme Court's October 2025 Term

Contrary to widespread speculation, the Court's first opinion of an argued case concerned neither Trump's tariffs nor voting rights.

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

Firings, and Tariffs, and Trump, Oh My!

Justices Barrett and Kavanaugh are still chewing over Justice Gorsuch's questions from the tariffs case.

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Trump v. Slaughter was Trump v. United States Redux

But what does "conclusive and preclusive" actually mean?

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The Lower Court Revolt Continues in Boston

Judge Brian Murphy will likely be reversed by SCOTUS a third time in the same case.

Reason

Legislative Vetoes for Independent Agencies

Congress tried to claw back the FTC's powers in 1980 through a legislative veto, but Chadha rendered that "bargain" unconstitutional.

Reason

Journal of Free Speech Law: "The Moving Goalposts of Public-Employee Speech: Kennedy v. Bremerton School District and Demonstrative Prayer," by Jared M. Hirschfield

This new article [UPDATE: link fixed] is here. The Introduction: Over the past decade, the Roberts Court has sought to… The post Journal of Free Speech Law: "The Moving Goalposts of Public-Employee Speech: Kennedy v. Bremerton School District and Demonstrative Prayer," by Jared M. Hirschfield appeared first on Reason.com.

Reason

After Nearly One Year, SCOTUS Denies Cert In Vehicle To Overrule Kagama

The Court rescheduled the case seventeen times and relisted it four times.

Reason

Doctrine of Federal "Plenary Power" over "Internal Affairs of Native American Tribes" "Should Make This Court Blush"

From today's opinion dissenting from denial of certiorari in Veneno v. U.S. by Justice Gorsuch, joined by Justice Thomas: Petitioner… The post Doctrine of Federal "Plenary Power" over "Internal Affairs of Native American Tribes" "Should Make This Court Blush" appeared first on Reason.com.

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The Tariff Case and Veto Overrides

It always takes a veto-proof majority to claw back the President's powers.

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Counting to Five for the Government In The Tariffs Case

I was in the Court, and I have a different take on the case.

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I Think I Know Why SCOTUS Does Not Grant Fourth Amendment Cases Anymore

Search and seizure cases are very fact bound. The Court wants to set general standards.

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"The Article III of the Deal" by Paul Clement

In Bost, Paul Clement engaged in negotiations with the Justices about the proper standing rule.

Reason

Justice Gorsuch Argues that the Seventh Amendment Should Apply to the States

From today's opinion by Justice Gorsuch respecting the denial of certiorari in Thomas v. Humboldt County: In Minneapolis & St.… The post Justice Gorsuch Argues that the Seventh Amendment Should Apply to the States appeared first on Reason.com.

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What Do We Make Of The Boston Federal Judge Who Apologized For Not Knowing Emergency Docket Orders Are Precedential?

Judges who are unfamiliar with the workings of the emergency docket should be more cautious in granting emergency relief against the federal government.

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What are the Precedential Values of Wilcox and Boyle?

Judge Rao explains how to read emergency docket orders on stay applications.

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

President Trump Will Nominate Rebecca Taibleson to the Wisconsin Seat in the Seventh Circuit

President Trump has nominated Rebecca Taibleson for the Seventh Circuit seat in Wisconsin that was previously held by Judge Diane… The post President Trump Will Nominate Rebecca Taibleson to the Wisconsin Seat in the Seventh Circuit appeared first on Reason.com.

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Congratulations To Kirill Muzyka, Chief Justice of FantasySCOTUS for OT 2024

The October 2024 Term of FantasySCOTUS finally came to a close. On the whole, this term was a less predictable… The post Congratulations To Kirill Muzyka, Chief Justice of FantasySCOTUS for OT 2024 appeared first on Reason.com.

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Justice Kavanaugh's CASA Concurrence Moves Away From Abstractions About The Shadow Docket To Focus On The "Interim Before The Interim"

The Supreme Court may not have to intervene for "run-of-the mill cases" but will intervene for "major new federal statutes or executive actions."

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.

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