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FORGOTTEN HISTORY: 5 - The Untold Story

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.

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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…

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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.

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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.

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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.

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Authorship Predictions for the October Sitting

It is never too early to make predictions!

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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.'"

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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.

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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.

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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.

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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.

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All The Things TikTok v. Garland Did Not Decide

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

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USA Today: "Liberals owe Justice Barrett an apology"

What do conservatives owe Justice Barrett's supporters?

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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.

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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.

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The Court Splits 5-4 on Docket Number 666

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

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

Justice Barrett remains the most gun-shy Justice.

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The Sound of Silence in Skrmetti

Hushed whispers and heads nodding.

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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.

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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.

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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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