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UNCOVERED: 5 - The Untold Story

"What Should a Court Do When Faced with a 40-Year-Old Conviction Resting on Science That Has Now Been Wholly Discredited?"

A longish and interesting opinion by Justice Sotomayor, regarding the Court's decision not to review the matter for now (McCrory v. Alabama). According to Justice Sotomayor: Petitioner Charles M. McCrory was convicted of murder in 1985 based on forensic bitemark testimony that has now been roundly condemned by the scientific…

Reason

Justice Sotomayor on Prosecutorial Immunity

From Justice Sotomayor's statement today respecting the denial of review in Price v. Montgomery County: Nickie Miller was charged with murder based on the false confession of a witness. The witness later recanted her coerced confession, including in jailhouse letters she sent to her husband. Upon learning about the letters,…

Reason

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

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Edited Version of Trump v. United States

Download the edited version from the 2024 Barnett/Blackman supplement.

Reason

Trump and MAGA Republicans celebrate ‘big win’ over Supreme Court immunity ruling

New York congresswoman Alexandria Ocasio-Cortez said that she plans to file articles of impeachment against Donald Trump

The Independent UK

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

Let's Talk About The Debate

I wasn't planning on watching the presidential debate. Contrary to what readers may believe, I do not like politics. I much prefer the law. I'd rather read a transcript of oral argument than sit through a meaningless political debate. My agenda for last night was to finish a long post…

Reason

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SEC v. Jarkesy: A Win for the Separation of Powers and the Right to Civil Jury Trial

The Supreme Court held today that the Seventh Amendment right to a civil jury trial in fraud cases was violated when an administrative law judge of the S.E.C. decided the case.

Reason

KBJ DGAF

Unlike Justices Sotomayor and Kagan, Justice Jackson has no problems criticizing Justice Barrett.

Reason

The Keys to Moyle: PPROM and Fertility

Justice Kagan and Sotomayor set the stage for Justice Barrett's vote.

Reason

Second Amendment Roundup: Rahimi Preserves Bruen

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

Reason

Department of State v. Munoz: The Sleeper ConLaw Case of the Term

Justice Barrett's majority clarifies Glucksberg, Mandel, Din, and Knauff, but Justice Sotomayor's dissent really wants to talk about Loving, Obergefell, and Dobbs.

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

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When I see an animal that looks like a duck, swims like a duck, and lays eggs like a duck…

…I see a duck-billed platypus. Cf. Garland v. Cargill (Sotomayor, J., dissenting) ("When I see a bird that walks like a duck, swims like a duck, and quacks like a duck, I call that bird a duck."). Alas, a platypus does not quack. But it is not pleasant when a…

Reason

Justice Thomas Reverses President Trump's Executive Overreach in Cargill v. Garland

Justices Sotomayor, Jackson, and Kagan disregard ATF’s “about face.”

Reason

Justices Agree on Constitutionality of Trademark Restriction, Disagree on How to Approach Such Questions

The underlying methodological debate might also bear on free speech disputes more broadly.

Reason

NRA v. Vullo and Trump v. Hawaii

Citing Governor Cuomo's tweets harkens back to, and perhaps foreshadows, litigation against President Trump.

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Unanimous First Amendment Victory for the NRA (Represented by the ACLU)

From Justice Sotomayor's opinion today in NRA v. Vullo (the NRA was represented by the ACLU, with David Cole arguing before the Court; by William Brewer, Sarah Rogers & Noah Peters of Brewer Attorneys & Counselors; and by me): [A.] Six decades ago, this Court held that a government entity's…

Reason

Supreme Court OT2023 at the End of May

The justices have been slow and quite agreeable -- so far.

Reason

CFPB v. CFSAA: Originalists v. Traditionalists

The Court's originalists and traditionalists break out into their camps.

Reason

Why did Justices Sotomayor, Kagan, and Jackson Dissent in Robinson v. Landry?

And what would have happened if Justices Thomas, Alito, and Gorsuch did not vote to grant the stay?

Reason

Congratulations to Sam Bray, Whose National Injunction Article Was Cited Three Times by Justices Today

That happened in yesterday's opinions respecting the stay in Labrador v. Poe, twice in Justice Gorsuch's concurrence (joined by Justices Thomas and Alito), and once in Justice Jackson's dissent (joined by Justice Sotomayor). Nice! For Sam's substantive analysis of Labrador, see this post.

Reason

Who is responsible for the 5th Circuit's alleged "troubling habit of leaving 'administrative' stays in place for weeks if not months"?

The worst offender is not Jim Ho, but Carl Stewart.

Reason

Were There Last Minute Changes to Trump v. Anderson?

There are reasons to suspect the justices were wrangling over language up until the last minute.

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