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EXPLAINED: 3 - The Real Truth

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.

Reason

Medina v. Planned Parenthood: Abandoning the Abortion "Distortion" Field For Section 1983 and the Spending Clause

The Court faults lower courts for not anticipating the abandonment of Wilder and other Section 1983 precedents.

Reason

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Congratulations to Jonathan Adler, Cited in Two Supreme Court Opinions Over the Past Two Weeks

His and Chris Walker's Delegation and Time was cited in Justice Gorsuch's dissent yesterday in FCC v. Consumers' Research and his Is the… The post Congratulations to Jonathan Adler, Cited in Two Supreme Court Opinions Over the Past Two Weeks appeared first on Reason.com.

Reason

My private nondelegation article and Reason Foundation amicus brief cited in FCC v. Consumers' Research

Justice Jackson cites my Notre Dame Law Review article, and Justice Gorsuch cites the amicus brief I wrote for the Reason Foundation.

Reason

N.Y. Times Magazine Reveals Internal Conflicts On The Left With Skrmetti

The groups presented a unified front, but with a 6-3 loss, recriminations are flying.

Reason

Predictions For The Remaining 15 Cases

Barring any surprises, I do not expect any surprises.

Reason

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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.”

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 Gorsuch and Thomas Dissent from Court's Declining to Hear Apache Religious Freedom Case

From today's dissent from denial of certiorari by Justice Gorsuch, joined by Justice Thomas, in Apache Stronghold v. U.S.: For… The post Justices Gorsuch and Thomas Dissent from Court's Declining to Hear Apache Religious Freedom Case appeared first on Reason.com.

Reason

I Stand By My Prediction: The Court Will Reargue the Case On The Merits And Duck The Procedural Issues

There are eight, and possibly nine votes against Trump on the merits. But the Court is far too fragmented on the injunction issue.

Reason

SCOTUS Permits Discharge In COVID and Transgender Cases

Comparing Navy Seals and Shilling.

Reason

Will Salerno Replace Chevron?

Salerno is "unique among these Chevron substitutes, in that the 'no set of circumstances' framework is far more favorable to the government than even Chevron ever was."

Reason

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VanDerStock is NetChoice Redux: A Sharply-Divided Court Threads The Needle With A "Facial Challenge" Analysis

The Court may have overruled Chevron, but it has just inadvertently created a far more powerful deference doctrine with Salerno, all in service of narrowly reversing the Fifth Circuit.

Reason

What VanDerStok Says about Agency Interpretations of Statutes

The Court's opinion upholding federal regulation of "ghost guns" makes passing reference to Loper Bright Enterprises.

Reason

Justice Alito Calls To Reconsider Justice Scalia's Proudest Accomplishment

Even Nino nods on the Confrontation Clause.

Reason

Justices Alito and Gorsuch Would Like to Reconsider Crawford

Two decisions respecting a denial of certiorari suggest the Court should reconstruct Confrontation Clause jurisprudence.

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Reason

Nearly Five Years Later, Justice Barrett's Memoir Has A Publication Date

"Listening to the Law: Reflections on the Court and Constitution"

Reason

Justice Gorsuch's Dissent in Death Penalty / Religious Objection Case

In Tuesday's Hoffman v. Westcott, the Court denied a stay of execution; Justices Sotomayor, Kagan, and Jackson would have granted… The post Justice Gorsuch's Dissent in Death Penalty / Religious Objection Case appeared first on Reason.com.

Reason

The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here For A Long Time

On Monday, I wrote about Mike Fragoso's defense of President Trump's decision to appoint Justice Barrett. Fragoso has now published… The post The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here…

Reason

Neutral Principles for Birthright Citizenship on the Emergency Docket

On Thursday, the Acting Solicitor General filed emergency applications in three birthright citizenship cases (24A884, 24A885, and 24A886). These are… The post Neutral Principles for Birthright Citizenship on the Emergency Docket appeared first on Reason.com.

Reason

D.C. U.S. Attorney Drops Probe Over Sen. Schumer's 2020 Statements About Gorsuch and Kavanaugh

That's the correct decision, though I don't think there should even have been a question about it.

Reason

There is Some Drama Brewing In San Francisco v. EPA

Today the Court decided one case, San Francisco v. EPA. As I predicted, the majority opinion was assigned to Justice Alito.… The post There is Some Drama Brewing In San Francisco v. EPA appeared first on Reason.com.

Reason

Authorship Predictions for the October Sitting

It is never too early to make predictions!

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