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EXPLAINED: 3 | Rare Historical Photos

"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

Boerne, RFRA, and the VRA

Several justices seem ready to import the congruence and proportionality test to the 15th Amendment.

Reason

Even With A Skewed Sample, The New York Times Survey Of Federal Judges Reveals A Brewing Judicial Crisis

And once again, you know who is to blame.

Reason

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Noem v. Perdomo Is Grants Pass Redux

Can the government criminalize the state of being?

Reason

Justice Kavanaugh Continues To Be The Only Justice To Explain Emergency Docket Orders

And Justice Kavanaugh has come a long way since using the term "noncitizen" instead of "illegal alien."

Reason

Supreme Court Lifts Injunction in Los Angeles Immigration Enforcement Case

Allowing the Administration's program to continue, although not creating any new Fourth Amendment law.

Reason

Another Boston Judge Pushes Back Against Supreme Court Emergency Docket Ruling

The Lower Court Revolt Continues.

Reason

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What Matters On The Shadow Docket? The Merits or the Equities?

Justice Kavanaugh thought NetChoice would win on the merits, but "the balance of harms and equities" did not favor allowing the injunction to go into effect.

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.

Reason

Justice Kavanaugh "Definitely Pay[s] Attention" To the Press

I am still incredulous that Justice Barrett does not read coverage about herself.

Reason

Justice Kagan Doth Protest Too Much About The Emergency Docket

Justices Kagan, Sotomayor, and Jackson could have joined Justice Kavanaugh to grant cert in the CPSC case, but they didn't.

Reason

SCOTUS Stays Injunction Against Removal of CPSC Commissioners

Further indication that independent agencies will not be "independent" much longer.

Reason

The Three Real Questions That Come After Overruling Employment Division v. Smith

What is a "religion"? When is a religious belief "sincere"? When is a burden on religion "substantial"?

Reason

Professor Barrett Was At Home In CASA

After the Supreme Court decided Trump v. CASA, the Wall Street Journal editorial page took a victory lap. The editors, who… The post Professor Barrett Was At Home In CASA appeared first on Reason.com.

Reason

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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

Federal Courts May Be Able To Receive Filings 24/7, But There Is No Expectation To Review Unanticipated Filings Overnight

If the Supreme Court wants to rebuke lower courts for not acting promptly enough, the Justices should police their own conduct.

Reason

The Supreme Court Is Supreme, And The Inferior Courts Are Inferior

Mi CASA no es su CASA

Reason

SCOTUS Bends The Law In Yet Another Obamacare Case

Kennedy v. Braidwood Management, Inc. follows in the ignoble tradition of NFIB, King, and California.

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Reason

Braidwood Distinguishes Between "Officers of the United States" And "Employees"

"Officers of the United States" can exercise "significant authority," but employees cannot.

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

Justice Kavanaugh Lays Out His Roadmap In FCC v. Consumers' Research

Justice Kavanaugh parts ways with Justice Gorsuch on the non-delegation doctrine, but charts two paths for independent agencies.

Reason

"A Question of Remedy, not Redressability"

The DC district court issues an important decision in RAICES v Noem - the first in the new post-CASA legal universe

Reason

Federal Courts May Not Be Denny's, But They Are Open 24/7/365

Justice Kavanaugh's Trump v. CASA concurrence appears to reply to Judge Ho.

Reason

The Court Might Favor Standing For Business Interests, But Blue States Beat Red States

Justices Jackson and Kavanaugh both miss the obvious distinction.

Reason

Predictions For The Remaining 15 Cases

Barring any surprises, I do not expect any surprises.

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