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REVEALED: 5 | Vintage Vibes

The Promise and Pitfalls of Justice Barrett's Skrmetti Concurrence

Justice Barrett rehabilitates Footnote 4, gives credence to Justice Kennedy's animus jurisprudence, and all but says that gays who were affected by a "legacy of de jure discrimination" are a suspect class.

Reason

Supreme Court Rejects Constitutional Challenge to State Limits on Sex Transition Treatments for Minors

The Court's majority avoids the larger question of whether laws targeting transgender individuals should be subject to heightened scrutiny, but Justice Barrett did not.

Reason

Predictions For The Remaining 15 Cases

Barring any surprises, I do not expect any surprises.

Reason

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A Flashback to Justice Barrett's Confirmation Hearing

As I noted at the time, I was surprised how well she did. I wish we could see more of nominee Barrett.

Reason

SCOTUS GVRs Roman Catholic Diocese of Albany Back to New York Purgatory

This case has been pending for nearly a decade, and has been remanded after both Fulton and Catholic Charities Bureau.

Reason

Justice Kavanaugh to Second Amendment: We're Really Busy Now, Come Back In A Year Or Two

"Additional petitions for certiorari will likely be before this Court shortly and, in my view, this Court should and presumably will address the AR–15 issue soon, in the next Term or two."

Reason

As I Expected, SCOTUS 4-4's St. Isidore's Case With Barrett Recused (Updated)

And we still do not know exactly why ACB recused.

Reason

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Court Allows Lawsuit Over Character.AI Conversations That Allegedly Caused 14-Year-Old's Suicide

In this post, I'll talk about the court's analysis tentatively rejecting the First Amendment defense, an analysis that I think is mistaken (whether or not some tort claims such as these should be allowed despite the First Amendment).

Reason

Fifth Circuit Assigns A.A.R.P. v. Trump To New Panel For Reargument, Judge Ho Concurs

"I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function."

Reason

The Department of Justice's "Longstanding" General Practice of Intracircuit Nonacquiescence

A response to questions from Justices Kagan and Barrett.

Reason

Why the Major Questions Doctrine Applies to the President, Not Just Executive Agencies

This is a key issue in cases seeking to limit executive branch power grabs, including Trump's tariffs. Judge Ryan Nelson (a conservative Trump appointee) explains why the president is not exempt from the doctrine.

Reason

Brief from Prof. Justin Driver (Yale) and Me in School Curriculum / Religious Opt-Out Case

"This Court should not announce an opt-out right for religious objectors under the Free Exercise Clause that its precedents would foreclose for students objecting to public-school curricula under the Free Speech Clause."

Reason

Justice Alito Dissents: "Both the Executive and the Judiciary have an obligation to follow the law."

Justice Alito also questions whether the Court even had jurisdiction to act.

Reason

Standing in the Shadow Docket

Should the Court not consider jurisdiction unless there is irreparable harm?

Reason

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What Exactly Did Justice Barrett Disagree With The Majority About In Trump v. JGG?

Justice Barrett tells us to read the opinion, but there is nothing to read.

Reason

Twice, SCOTUS Finds Coastal Courts Improperly Exercised Venue

In two consecutive orders, the Court signals that progressive litigants forum shopped to the wrong courts.

Reason

VanDerStock is NetChoice Redux: A Sharply-Divided Court Threads The Needle With A "Facial Challenge" Analysis

The Court may have overruled Chevron, but it has just inadvertently created a far more powerful deference doctrine with Salerno, all in service of narrowly reversing the Fifth Circuit.

Reason

Updated Authorship Predictions for the October Sitting

Justice Barrett (almost certainly) has Medical Marijuana v. Horn.

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Reason

What Should Trump's Circuit Nominees Look Like?

When President Trump's first term began, he inherited a slew of circuit court vacancies. However, for his second term, there… The post What Should Trump's Circuit Nominees Look Like? appeared first on Reason.com.

Reason

The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here For A Long Time

On Monday, I wrote about Mike Fragoso's defense of President Trump's decision to appoint Justice Barrett. Fragoso has now published… The post The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here…

Reason

Neutral Principles for Birthright Citizenship on the Emergency Docket

On Thursday, the Acting Solicitor General filed emergency applications in three birthright citizenship cases (24A884, 24A885, and 24A886). These are… The post Neutral Principles for Birthright Citizenship on the Emergency Docket appeared first on Reason.com.

Reason

Family Guy on SCOTUS

Justice Kavanaugh visits a brewery and then switches places with Peter Griffin.

Reason

Why the Supreme Court's "Order" In The USAID Case Was An Advisory Opinion (Updated)

If the Court denies the writ or application, the Court cannot instruct the lower court.

Reason

Second Amendment Roundup: Court Seems Disposed to Rule for S&W and Against Mexico

The Court should settle the proximate-cause issue, not just aiding and abetting.

Reason

The Audition Trap

When I write something controversial, I expect blowback. My recent posts about Justice Barrett were no exception. I received the… The post The Audition Trap appeared first on Reason.com.

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