BIZARRE: 2 - What They Never Told You

"What a Difference Five Years Makes"

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

Reason · Jul 3, 2023

On Religious Divisiveness and the Judicial Role

Justice Breyer thought the Establishment Clause authorizes judges to improve the tone of political discourse. It does not.

Reason · Jun 2, 2023

Justice Breyer's Establishment Clause Particularism

Justice Breyer saw church-state controversies as highly and inevitably fact-bound, solvable only through a judicial balancing exercise.

Reason · Jun 1, 2023

Chief Justice Roberts's Letter to Senator Durbin

Last week Senator Dick Durbin invited Chief Justice Roberts to testify before the Senate Judiciary Committee. Despite my hope that the Chief would send Justice Breyer, Roberts respectfully declined Durbin's invitation. And he sent a letter explaining his decision. The letter is short--only one page--but Roberts packs a lot in…

Reason · Apr 26, 2023

Senator Durbin Invites CJ Roberts "Or Another Justice Whom [He] Designate[s]" To Testify Before Senate Judiciary Committee

Send Justice Breyer!

Reason · Apr 20, 2023

Ban on Knowingly False Statements During Emergencies Struck Down on First Amendment Grounds

From Judge Pedro Delgado-Hernández's opinion today in Rodriguez-Cotto v. Perluisi-Urrutia (D.P.R.): Article 5.14(a) criminalizes, after the Governor of Puerto Rico has decreed by executive order an emergency or disaster, to knowingly, purposely or recklessly: (1) give a warning or false alarm, knowing that the information is false, in relation to…

Reason · Mar 31, 2023

Joan Biskupic Breaks Some News About Pavan v. Smith and Masterpiece Cakeshop

Did Roberts and Kennedy swap votes to GVR Pavan and grant Masterpiece?

Reason · Mar 31, 2023

Joan Biskupic's Barely-There Exclusives

Gone are the days that Biskupic told us things we didn't already know.

Reason · Mar 27, 2023

How Often Do Justices Refer To "My Law Clerk"?

Justices Breyer and Sotomayor did it a lot.

Reason · Feb 23, 2023

The Supreme Court at the 2023 State of the Union

President Biden goes off script on abortion.

Reason · Feb 8, 2023