FORGOTTEN HISTORY: 3 - Caught on Camera

Farewell to Footnote 3 of Trinity Lutheran

In Carson v. Makin, the Chief Justice stealthily eliminated the status/use distinction.

Reason · Jul 3, 2022

Forget Carson! Remember the Maine Human Rights Act.

Maine finds a way to undercut Carson v. Maikin.

Reason · Jul 2, 2022

Scalia's "Prophecy" in Lawrence And The Joint Dissent in Dobbs

That awkward moment when Justice Breyer joins an opinion that criticizes his join in Lawrence.

Reason · Jun 27, 2022

Barrett v. Gorsuch -- Continued

Justice Gorsuch has dissented from two-thirds of Justice Barrett's majority opinions this term.

Reason · Jun 15, 2022

Conjunction Disjunction in the Dobbs Draft

Does the Glucksberg test require a right to be "fundamental" and "deeply rooted" or "fundamental" or "deeply rooted"?

Reason · Jun 9, 2022

Whodunit?

And why that is, at this point, an important question - maybe the only important question - emerging from the recent Dobbs leak

Reason · May 5, 2022

Justice Alito Identifies The Problems With Justice Breyer's "Factorized" Jurisprudence

"And like any factorized analysis, this approach cannot provide a principled way of deciding cases."

Reason · May 2, 2022

Justice Breyer Takes a Flood v. Kuhn-Esque Detour On Boston Architecture

"Built in the late 1960s, Boston City Hall is a raw concrete structure, an example of the brutalist style."

Reason · May 2, 2022

Supreme Court on What Counts as a Content-Based Speech Restriction

Today's decision in City of Austin v. Reagan National Advertising makes this test somewhat fuzzier.

Reason · Apr 21, 2022

"A Social Media Platform May Not Intentionally Fact Check" a User's "Religious or Political Speech"

That's what Alaska bill SB 214, sponsored by state senators Lora Reinbold and Mia Costello would do in part. I think some restrictions on platforms' deleting posts might be constitutional (see my Social Media Platforms as Common Carriers? article, or these posts excerpted from that article): To quote Justice Breyer…

Reason · Mar 24, 2022