HISTORICAL FACTS: 10 | History Defined

Some Levity On A Technical Oral Argument Day

Today, the Harlan Institute and Ashbrook hosted the championship round for our virtual Supreme Court competition. Every year, we fly the top two teams and their coaches, to Washington, D.C. These high schoolers had a jam packed day. In the morning, we attended oral argument at the Supreme Court. For…

Reason · Apr 25, 2023

Can the Supreme Court "Develop and Apply Customary International Law"?

Justice Gorsuch raises the question that the majority elides.

Reason · Apr 19, 2023

Unanimous Supreme Court Affirms Right to Challenge Federal Agencies in Federal Court

Those claiming they are subject to unconstitutional agency proceedings need not suffer through agency proceedings before bringing their claims to federal court.

Reason · Apr 15, 2023

Justice Kagan Double-Helixes Justices Gorsuch and Kavanaugh

Kagan: "Kavanaugh, J. (recognizing that the argument may be forfeited, but opining on it anyway)."

Reason · Feb 25, 2023

Has Justice Barrett Replaced Justice Ginsburg as the Court's Quickest Opinion Writer?

Justice Barrett has produced two majority opinions before most of her colleagues have produced one.

Reason · Feb 22, 2023

Will Chief Justice Roberts Respond To Senator Wyden's Attack On Judge Kacsmaryk?

In March 2020, Senator Charles Schumer stood outside the Supreme Court and assailed the two newest members: "I want to tell you, Gorsuch. I want to tell you, Kavanaugh. You have released the whirlwind, and you will pay the price. You won't know what hit you if you go forward…

Reason · Feb 17, 2023

Why Does Justice Kavanaugh Write Concurrences?

And if only we could gaze upon his book of never-published opinions.

Reason · Jan 27, 2023

Justice Gorsuch's Dissent from Denial of Review in an Excessive Fines Clause Case

Here's his opinion from today's Toth v. U.S.: In the 1930s, Monica Toth's father fled his home in Germany to escape the swell of violent antisemitism. Eventually, he found his way to South America, where he made a new life with his young family and went on to enjoy a…

Reason · Jan 23, 2023

Justice Gorsuch on Title 42: "Even if the [APA] has taken a holiday during this pandemic, it cannot become a sabbatical."

With good reason, Justices Sotomayor and Kagan do not join Maskless Neil's dissent.

Reason · Dec 27, 2022

Predicting a Fragmented Vote in United States v. Texas

I don't think there will be a five vote bloc on standing or the remedy.

Reason · Dec 3, 2022