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RARE PHOTOS: 6 - The Real Truth

I appreciate the replies from Orin, Will, and Sam. We have very different conceptions on what role a scholar should play and what role a judge should play. My writings in this area are both retrospective and prospective. I look backwards to see what qualifications a judge had at the…

Reason

"I could carve a judge with more backbone out of a banana"

What stuff are the Court's middle three Justices made of?

Reason

Jarkesy Should Not Have Been So Easy For Justice Barrett

There are tensions between Jarkesy, CFPB, and Vidal.

Reason

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Did Justice Alito Lose The Majority Opinions In Trevino and NetChoice?

Alito had only four majority opinions this term, while Roberts, Thomas, Sotomayor, and Kagan all had seven.

Reason

US supreme court decisions: the biggest cases this term and their outcomes

The court has wrapped up its term, issuing a string of blockbuster decisions with the conservative supermajority in the driver’s seat

The Guardian - US

John Roberts: Federalist Revisionist and Judicial Supremacist

The Chief Justice retconned Federalist Nos. 37 and 78.

Reason

Bankruptcy on the Sunrise Side of the Mountain

Justice Kavanaugh is very, very upset about the Sackler bankruptcy case.

Reason

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What Is The Standard For A Stay? Moyle v. U.S. or Ohio v. EPA?

Like a good neighbor, State Farm is there.

Reason

Predictions For The Final 6 Cases

Chevron, Netchoice, Trump, Grant's Pass, Fischer, and Corner Post.

Reason

Justices Alito, Thomas, and Gorsuch Dissent On An "Emotional and Highly Politicized" Case

And they charge that Justices Barrett and Kavanaugh "lost the will" to decide the case.

Reason

Second Amendment Roundup: Rahimi Preserves Bruen

The real dissents are the concurrences by Justices Sotomayor and Jackson.

Reason

Justice Barrett Evolves Again On The Emergency Docket In Moyle

Cert before judgment will no longer be granted unless the applicants prove they will suffer enough irreparable harm.

Reason

Tentative Thoughts on the Prematurely Posted Moyle Opinion

I've now had a chance to read the draft opinion in Moyle v. United States. The document is labeled 1.0, and is dated May 23, 2024. A lot can change over a month. But, like with the Dobbs leak two years ago, it is safe to presume that not many…

Reason

The Flipped Dynamics on Federal Criminal Law

A generation ago, the liberals would have written the majority in Snyder and the conservatives would have dissented.

Reason

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Reason

Some Commentary From The Left On Rahimi

I find myself in agreement with Mike Dorf and Linda Greenhouse.

Reason

The Three Trump Appointees In Rahimi

Justices Gorsuch, Kavanaugh, and Barrett are fracturing over originalism.

Reason

Rahimi, Meenie, Miney, Mo; After Only Two Years Bruen's Gotta Go!

In November, I wrote that the Fifth Circuit's Rahimi decision "was a faithful application of Bruen." Seven months later, now having read the Supreme Court's Rahimi decision, I stand by what I wrote. After Justice Thomas's dissent, the most intellectually honest opinion in Rahimi was Justice Jackson's concurrence. Jackson explained…

Reason

Tradition In Erlinger

Justice Jackson thinks Apprendi was wrongly decided, Justice Gorsuch chides Justice Kavanaugh's fixation on tradition.

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Reason

With the Constitution, Deciding Less Is Moore

Justice Kavanaugh reaches out to resolve that a wealth tax is probably not constitutional.

The Guardian - US

The US supreme court’s rightwing justices are fighting legal monsters of their making

On Friday the court revoked domestic abusers’ gun rights – fixing a horrific problem they themselves created

Reason

Supreme Court OT2023 in the Final Stretch

The justices are rushing to close out the term before the end of June.

Reason

Counting The Votes In An Unusual Per Curiam Opinion in Gonzalez v. Trevino

We know the identity of four members of the majority, but who else joined?

Reason

New Reporting On Deliberations In Bruen

Justice Thomas's draft majority opinion had the "potential to outlaw many common gun-control measures."

Reason

Justice Barrett's Concurrence In Vidal v. Elster Is a Repudiation of Bruen's "Tradition" Test

I expect Justice Barrett will exhibit her buyer’s remorse of Bruen in Rahimi.

Reason

Supreme Court OT2023 at the Middle of June

The justices still have over one-third of the term's cases remaining.

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