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FORGOTTEN HISTORY: 5 - The Untold Story

Justices Sotomayor and Gorsuch on the Fourth Amendment and Misdemeanor Arrests

"Founding-era common law gave officers no authority to make an 'arrest without a warrant, for a mere misdemeanor not committed in [their] presence.'"

Reason

Justice Gorsuch on the Right to Trial by Jury and Restitution

From Justice Gorsuch's dissent from denial of review today in Rimlawi v. U.S.: The Fifth Circuit held that a judge… The post Justice Gorsuch on the Right to Trial by Jury and Restitution appeared first on Reason.com.

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SCOTUS Takes A Holiday From The Separation of Powers On The Hampton Dellinger Jitney

Apart from the Appointments Clause, I think we are standing at the precipice of federal courts revolution.

Reason

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What Process Is Due Before Property Is Destroyed?

The Sixth Circuit finds a city failed to provide adequate process before demolishing a condemned mobile home.

Reason

Three Notes on National Injunctions

Three notes on national injunctions. First, today the Court issued a stay of another universal injunction, this time in McHenry… The post Three Notes on National Injunctions appeared first on Reason.com.

Reason

Short Thoughts on Several Of President Trump's Executive Actions

I have now reviewed each of the new presidential actions signed by President Trump. Here, I will offer some short… The post Short Thoughts on Several Of President Trump's Executive Actions appeared first on Reason.com.

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Biden Office of Legal Counsel Departs From Obama-Era opinions, and Reverts to Reagan-Era Opinions, on the Difference Between "Officer of the United States" and "Office under the United States."

We think OLC paid close attention to the Section 3 litigation, and did not want to be left defending a position that might be rejected by the Supreme Court

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"Speaking with and in Favor of a Foreign Adversary Is One Thing. Allowing a Foreign Adversary to Spy on Americans Is Another"

From Justice Gorsuch's opinion concurring in the judgment (and thus agreeing with the majority's result without signing on to its… The post "Speaking with and in Favor of a Foreign Adversary Is One Thing. Allowing a Foreign Adversary to Spy on Americans Is Another" appeared first on Reason.com.

Reason

All The Things TikTok v. Garland Did Not Decide

CTRL-F the decision for "need not" and "assume"

Reason

USA Today: "Liberals owe Justice Barrett an apology"

What do conservatives owe Justice Barrett's supporters?

Reason

Was Justice Gorsuch thinking about Title IX in EMD Sales?

The FLSA case considers whether to apply the “preponderance of the evidence” standard or the “clear and convincing evidence” standard.

Reason

TikTok Took a Beating at the Supreme Court

Justice Neil Gorsuch criticized "the government's attempt to lodge secret evidence in this case." Still, things look grim for the app.

Reason

The Court Splits 5-4 on Docket Number 666

Chief Justice Roberts and Justice Barrett rule against Trump (again).

Reason

Justices Thomas, Alito, Gorsuch, and Kavanaugh Are Active on the Cert Docket

Justice Barrett remains the most gun-shy Justice.

Reason

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The Sound of Silence in Skrmetti

Hushed whispers and heads nodding.

Reason

Kagan's Play in Skrmetti: Find that the Tennessee Law Imposes a Valid "Quasi-Suspect" Classification on Transgender People under Cleburne

And Justice Kagan will try to persuade Justices Gorsuch and Barrett to concur in the judgment, creating a 4-3-2 split.

Reason

More Leaks in the NY Times About The "Supreme Court Ethics Debate"

Jodi Kantor reports on a confidential ten-page memo from Justices Gorsuch, and comments from Justices Thomas and Alito.

Reason

Must Government Pay Compensation When It Damages Innocent Owner's Property in Police Action?

From Justice Sotomayor's opinion today respecting denial of certiorari in Baker v. City of McKinney, joined by Justice Gorsuch: The… The post Must Government Pay Compensation When It Damages Innocent Owner's Property in Police Action? appeared first on Reason.com.

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Justice Gorsuch Wants To Hear More (Takings) Cases

Justice Gorsuch shows more interest in property rights challenges than his colleagues on the Court.

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The Supreme Court After The 2024 Election

The more things change, the more things stay the same.

Reason

The WSJ Story About Future Trump Judicial Nominees

The Wall Street Journal published an article titled, "Trump Loyalists Push for a Combative Slate of New Judges." The first… The post The WSJ Story About Future Trump Judicial Nominees appeared first on Reason.com.

Reason

Business and the Roberts Court Revisited

An examination of how Donald Trump's appointments to the Supreme Court have affected business interests.

Reason

NY Times Big Reveals On Deliberations In Three Trump Cases

How did Roberts come to write Trump v. Anderson, Fischer v. United States, and Trump v. United States?

Reason

Severability on the Shadow Docket: SCOTUS Splits 5-4 On Whether Entirety of Title IX Regulations Must Be Enjoined

Justice Gorsuch joins the three dissenters on severability. What about Justices Thomas and Barrett?

Reason

Turning The Corner Post On Vacatur

Also, Judges Kacsmaryk and Ho seem vindicated on the statute of limitations to challenge mifepristone.

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