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FORGOTTEN HISTORY: 2 - Caught on Camera

It's Elementary, My Dear Watson

The 2000 and 2020 elections are still on the Justices' minds.

Reason

Justice Sotomayor on the Freedom of the Press and the Right to Ask Questions

The Justice largely agrees with Fifth Circuit Judge James Ho's dissenting opinion below, but writes alone in dissenting from the Supreme Court's decision not to consider the case.

Reason

SCOTUS Resolves Two-Way State Court Split About New Jersey Transit

The New York Court of Appeals is affirmed, and the Pennsylvania Supreme Court is reversed.

Reason

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SCOTUS Saves Staten Island

Will Callais come tomorrow?

Reason

Counting The Votes In Mirabelli v. Bonta

We only know how Justice Gorsuch voted because Justice Kagan told us he was in the majority.

Reason

The Saving Construction in NFIB and the Anti-Saving Construction in Learning Resources

Six justices found that the best reading of statute supports the government, but only three applied the major question doctrine. Why wasn't this a reversal?

Reason

Justice Gorsuch's Campy Concurrence

Justice Gorsuch takes us on visit of Camp Barrett, Camp Kagan, Camp Kavanaugh, and Camp Thomas.

Reason

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An MQD Receipt Justice Gorsuch Overlooked

Justices Kagan and Sotomayor have signed on to at least one opinion that expressly relied upon the major questions doctrine.

Reason

Staten Island Goes To SCOTUS

The New York nomination process begins on February 24, and the maps have still not been settled.

Reason

Can The President Provide Notice on Truth Social?

Justice Jackson doubts whether Trump's social media post could have put Lisa Cook on notice that she would be removed.

Reason

National and Local Traditions for the Second Amendment

The Second Amendment does not have a geography clause.

Reason

Hecox May Still Hide In Justice Kennedy's Shadow

There is nothing originalist about Footnote Four, animus, and suspect classes. Let it go already.

Reason

Can You Waive A Substantive Canon?

Justice Gorsuch suggested that the West Virginia did not raise the clear statement rule, Justice Sotomayor countered that a substantive canon cannot be waived.

Reason

Justice Sotomayor Asks "Have You Studied The People" In SCOTUS Cases.

I have. Conservative litigants are vilified. Liberal litigants are celebrated.

Reason

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Reason

Justice Sotomayor Authors First Opinion of Supreme Court's October 2025 Term

Contrary to widespread speculation, the Court's first opinion of an argued case concerned neither Trump's tariffs nor voting rights.

Reason

John Roberts Serves A Blue Plate Special, And The Progressives Forget All Of Their Complaints About The Shadow Docket

Trump v. Illinois is Robertsian faux minimalism at its worst.

Reason

The Lower Court Revolt Continues in Boston

Judge Brian Murphy will likely be reversed by SCOTUS a third time in the same case.

Reason

The Transgender Passport Case Mini Merits Analysis

The Court is still living in Justice Kennedy's shadow and Justice Jackson questions whether executive actions have as much force as statutes.

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Reason

Six Things I Learned From Jodi Kantor's Latest Article

The Court installed timers to keep track of how long each Justice speaks for!

Reason

"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

Minors and Addiction to Speech and Press

I'm finishing serializing my forthcoming Emory Law Journal article titled Addiction to Constitutionally Protected Activity: Speech, Press, and Religion. In… The post Minors and Addiction to Speech and Press appeared first on Reason.com.

Reason

Why Can't The Court Schedule Emergency Docket Conferences?

Justice Kagan peels back the curtain on the Court's failure to schedule conferences for emergency cases.

Reason

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

Justice Sotomayor on Supreme Court Term Limits

A bit of cold water on a popular Court "reform" from a justice on the left-wing of the Court

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