Supreme Court Says Trump Tariffs Are Illegal. So What Happened and What's Next? We've been covering the evolution of related cases with the US International Trade Court that were waiting for this decision, and it all goes together. RideApart · Feb 22
An Edited Version Of Learning Resources I've finished reading the entire tariff decision, and editing it down for the Barnett/Blackman casebook. Reason · Feb 22
An MQD Receipt Justice Gorsuch Overlooked Justices Kagan and Sotomayor have signed on to at least one opinion that expressly relied upon the major questions doctrine. Reason · Feb 21
Rumblings About Callais The Supreme Court heard oral argument in Louisiana v. Callais back on October 15. At the time, there was a… The post Rumblings About Callais appeared first on Reason.com. Reason · Feb 12
Can The President Provide Notice on Truth Social? Justice Jackson doubts whether Trump's social media post could have put Lisa Cook on notice that she would be removed. Reason · Jan 22
Wolford Teases Out The Relationship Between The First and Second Amendments The Chief Justice, of all people, compares carrying firearms on private property to a pamphleteer knocking on a door. Reason · Jan 21
The Perversity of Citing The Black Codes To Defend Gun-Control Laws Neal Katyal and Justice Jackson were placed in the uncomfortable spot of having to explain why racist legislation to disarm the freedman was actually relevant. Reason · Jan 21
Justice Thomas, Joined by Justice Gorsuch, Argue for Broader Scope of Constitutional Ban on Ex Post Facto Laws Brief excerpts from today's concurrence in Ellingburg v. U.S., though the whole opinion is worth a read: I join the… The post Justice Thomas, Joined by Justice Gorsuch, Argue for Broader Scope of Constitutional Ban on Ex Post Facto Laws appeared first on Reason.com. Reason · Jan 20
Three Flawed Opinions In Bost v. Illinois State Board of Elections The majority and dissent’s understanding of standing turned on their visions of democracy. The concurrence does not fare much better. Reason · Jan 19
Hecox May Still Hide In Justice Kennedy's Shadow There is nothing originalist about Footnote Four, animus, and suspect classes. Let it go already. Reason · Jan 16
Can You Waive A Substantive Canon? Justice Gorsuch suggested that the West Virginia did not raise the clear statement rule, Justice Sotomayor countered that a substantive canon cannot be waived. Reason · Jan 15
Justice Sotomayor Authors First Opinion of Supreme Court's October 2025 Term Contrary to widespread speculation, the Court's first opinion of an argued case concerned neither Trump's tariffs nor voting rights. Reason · Jan 9
Revisiting A.A.R.P. v. Trump In Light Of United States v. Maduro The United States military is like a Denny's. Reason · Jan 4
Reason · Dec 19, 2025 Firings, and Tariffs, and Trump, Oh My! Justices Barrett and Kavanaugh are still chewing over Justice Gorsuch's questions from the tariffs case.
Reason · Dec 17, 2025 Trump v. Slaughter was Trump v. United States Redux But what does "conclusive and preclusive" actually mean?
Reason · Dec 17, 2025 The Lower Court Revolt Continues in Boston Judge Brian Murphy will likely be reversed by SCOTUS a third time in the same case.
Reason · Dec 11, 2025 Legislative Vetoes for Independent Agencies Congress tried to claw back the FTC's powers in 1980 through a legislative veto, but Chadha rendered that "bargain" unconstitutional.
Reason · Nov 17, 2025 Journal of Free Speech Law: "The Moving Goalposts of Public-Employee Speech: Kennedy v. Bremerton School District and Demonstrative Prayer," by Jared M. Hirschfield This new article [UPDATE: link fixed] is here. The Introduction: Over the past decade, the Roberts Court has sought to… The post Journal of Free Speech Law: "The Moving Goalposts of Public-Employee Speech: Kennedy v. Bremerton School District and Demonstrative Prayer," by Jared M. Hirschfield appeared first on Reason.com.
Reason · Nov 11, 2025 After Nearly One Year, SCOTUS Denies Cert In Vehicle To Overrule Kagama The Court rescheduled the case seventeen times and relisted it four times.
Reason · Nov 10, 2025 Doctrine of Federal "Plenary Power" over "Internal Affairs of Native American Tribes" "Should Make This Court Blush" From today's opinion dissenting from denial of certiorari in Veneno v. U.S. by Justice Gorsuch, joined by Justice Thomas: Petitioner… The post Doctrine of Federal "Plenary Power" over "Internal Affairs of Native American Tribes" "Should Make This Court Blush" appeared first on Reason.com.
Reason · Nov 6, 2025 The Tariff Case and Veto Overrides It always takes a veto-proof majority to claw back the President's powers.
Reason · Nov 6, 2025 Counting to Five for the Government In The Tariffs Case I was in the Court, and I have a different take on the case.
Reason · Oct 29, 2025 I Think I Know Why SCOTUS Does Not Grant Fourth Amendment Cases Anymore Search and seizure cases are very fact bound. The Court wants to set general standards.
Reason · Oct 21, 2025 "The Article III of the Deal" by Paul Clement In Bost, Paul Clement engaged in negotiations with the Justices about the proper standing rule.