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UNCOVERED: 8 | History Defined

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

Second Amendment Roundup: Concessions by the Government in the Rahimi Oral Argument

Misdemeanants don’t fall within the “not law-abiding” category.

Reason

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Mehdi Hasan drags possible Trump AG pick

“Nothing at all unconstitutional, fascistic, or bigoted about any of this,” Hasan sarcastically quipped

Salon

Supreme Court justices' ideologies don't always fit 'liberal' and 'conservative' labels

When the Supreme Court is in the news for overturning a long-standing precedent or violating standard judicial ethics, the news is often accompanied by the description of one or more justices as liberal or conservative.

The Conversation

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.

Reason

Are We Living Through a Standing Realignment?

Recent Supreme Court cases suggest that both the left and the right are already repositioning themselves.

Reason

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Harriet McConnell Retford on Arizona v. Navajo Nation

"[The decision] showcases the now-familiar contrast between the Court’s two different approaches to conservative jurisprudence: the strict formalism of Justice Gorsuch—a stern insistence that the United States live up to the letter of its legal obligations come hell or high water—as opposed to the status-quo, stare decisis driven conservative jurisprudence…

Reason

Justice Barrett's Shadow Docket Policy: Do The Opposite Of Whatever The Fifth Circuit Did (Updated)

Forget Doe v. Mills. Justice Barrett will grant relief on the shadow docket when the Fifth Circuit steps out of line.

Reason

Justice Alito's Interview in the Wall Street Journal

As a general rule, Supreme Court Justices speak through their opinions. From time to time, Justices will be "interviewed"by friendly interlocutors during public events. The screened questions are usually softballs, and even then, the Justices tend to avoid saying anything newsworthy. In recent years, perhaps the biggest outlier was Justice…

Reason

Justice Sotomayor Defends Racial and Ethnic Classifications Relied Upon by Harvard and UNC

She doesn't do a very good job of it.

Reason

Conservatives Should Not Be Surprised By Justice Barrett's Cautious Approach

Barrett was added to the SCOTUS short-list only seventeen days after she was confirmed to the Seventh Circuit.

Reason

Chief Justice Roberts in SFFA: "Hispanic" Is an "Arbitrary or Undefined" Classification

In the SFFA affirmative action case, Chief Justice Roberts for the majority, Justice Thomas, concurring, and especially Justice Gorsuch, concurring, argued that in addition to other legal defects in the defendants' affirmative action programs, the classifications used they used for "diversity" purposes were not properly tailored to serve the schools'…

Reason

On Groff v. DeJoy and 303 Creative v. Elenis

Not blockbusters, maybe, but important cases nonetheless

Reason

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Just The Facts, Ma'am

The importance of the trial records in Students for Fair Admissions and 303 Creative

Reason

In Defense of KBJ's Harvard "Recusal"

Justice Jackson demonstrates why the usual recusal rules will not work for the Supreme Court.

Reason

"What a Difference Five Years Makes"

What would Masterpiece have looked like with Justice Kennedy still on Court?

Reason

Making Sense Of The Votes In Mallory v. Norfolk Southern Railway Co.

The decision this term that has the largest potential for a legal "jolt" was Mallory.

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Reason

A Lawyer Who Litigated Grutter Comments on the Court's College Admission Racial Preferences Cases

I've known Michael Rosman at the Center for Individual Rights for almost 30 years; he has litigated many important cases, including with regard to racial preferences, and was one of the lawyers in Grutter v. Bollinger. I'm therefore delighted to pass along his short reactions to Students for Fair Admission…

Reason

Purple June

With Justice Kavanaugh by his side, the Chief Justice is back in control.

Reason

Looking Back on the Supreme Court's 2022-23 Term

Some end-of-term comments and an assessment of my end-of-term predictions.

Reason

Congratulations to Our Own Randy Barnett, David Bernstein, and Gail Heriot,

on being cited by opinions in today's Student for Fair Admissions case: Randy and Gail were cited in Justice Thomas's concurrence, and David was cited several times in Justice Gorsuch's concurrence.

Reason

S. Ct. Decides: "True Threats" Exception Requires Showing that Speaker Was "Reckless," i.e.,

"consciously disregarded a substantial risk that his communications would be viewed as threatening violence."

Reason

What Does U.S. v. Texas Tell Us About The DACA Litigation?

Is this a ticket good for one ride?

Reason

What's Left Standing of Special Solicitude for States After U.S. v. Texas?

The Supreme Court did not overturn the standing holding of MAssachusetts v. EPA, but it may have left it on life support.

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