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INSANE: 6 | Vintage Vibes

Oral Arguments in Trump v. Anderson Part IV: Justice Sotomayor and Kagan get the line between national power and federalism

The states do not need Section 3 to impose qualifications on state-created positions. But only the national government should decide questions about the President.

Reason

Oral Arguments in Trump v. Anderson Part III: Justice Kavanaugh Gets Griffin's Case and Justice Barrett gets FedCourts

Why did Jonathan Mitchell not vigorously defend Griffin's Case and Chief Justice Chase? And Mitchell missed Justice Barrett's question about direct/collateral challenges due to his refusal to accept the sword-shield dichotomy.

Reason

Oral Arguments in Trump v. Anderson Part II: Justice Jackson Gets "Office under the United States"

Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy. But Mitchell's concern about Foreign Emoluments Clause "boomerang" could have cut off a path of complete victory.

Reason

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Attending Oral Argument in Trump v. Anderson

Not exactly what I expected, but a very rewarding experience.

Reason

Court Refuses to Block West Point Use of Race in Admissions, Doesn't Express Any Substantive Opinion on Question

From today's order in Students for Fair Admissions v. USMA at West Point: The application for writ of injunction pending appeal presented to Justice Sotomayor and by her referred to the Court is denied. The record before this Court is underdeveloped, and this order should not be construed as expressing…

Reason

Oral Argument in Devillier v. Texas Suggests Victory for Property Rights Likely

Both conservative and liberal justices seem to oppose letting states get away with violating the Takings Clause merely because Congress hasn't enacted a specific law enforcing it against them.

Reason

First Female Supreme Court Justice Sandra Day O'Connor Memorialized Today

Explore the legacy and impact of late Supreme Court Justice Sandra Day O'Connor and the heartfelt tributes expressed during memorial events.

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My Emory Law op-ed on 303 Creative LLC v. Elenis

More on an important free-speech case from the recent Supreme Court Term

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

New Divided Argument Episode: My Despised World

After a month-long hiatus, Dan Epps and I have posted a new, 2-hour-long podcast episode: My Despised World (Dan came up with the title.) Most of it discusses two of June's jurisdictional decisions -- Mallory v. Norfolk Southern Railway, and United States v. Texas -- with a shorter discussion of…

Reason

More on Standing in the 303 Creative Case

A response to my critique of the Court's new standing jurisprudence.

Reason

Progressives Should Be Grateful For President Trump's Not-So-Conservative SCOTUS Picks

Recently, Ron DeSantis, the Governor of Florida and GOP presidential candidate, offered a mild criticism of President Trump's three Supreme Court nominees. "I respect the three [Trump] appointees," DeSantis said, "but none of those three are at the same level of Justice Thomas and Justice Alito." DeSantis is not wrong.…

Reason

SCOTUS returns to "separate but equal"

How the right made discrimination a First Amendment issue

Salon

Justice Sotomayor and the Manipulation of "Race"

Justice Sotomayor decides who is a person of color based on whether it supports her views regarding structural racism.

Reason

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Reason

Say Farewell To The "Diversity Benefits" Rationale For Affirmative Action

The majority and dissent state the quiet part out loud: affirmative action was never about the educational benefits from diversity.

Reason

Just The Facts, Ma'am

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

Reason

"What a Difference Five Years Makes"

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

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…

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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

"'We Came Here to Exclude the Negro. Nothing Short of This Will Answer.'"

From Justice Jackson's opinion, joined by Justice Sotomayor, dissenting from the denial of certiorari today in Harness v. Watson: The President of the 1890 Mississippi Constitutional Convention said it plain: "Let us tell the truth if it bursts the bottom of the Universe … We came here to exclude the…

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

Predicting Case Authors and Outcomes as the Supreme Court Hits the Home Stretch

Some worth-what-you-paid-for-them predictions for the final(?) week of SCOTUS opinions.

Reason

Oh Hale Yes!

Justices Sotomayor and Kagan cite Sir Matthew Hale.

Reason

Has Justice Gorsuch Ever Written An Opinion That Ruled Against An Indian Tribe or Member?

9-0.

Reason

In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands

The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality.

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