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REVEALED: 7 - The Real Truth

The Three Trump Appointees In Rahimi

Justices Gorsuch, Kavanaugh, and Barrett are fracturing over originalism.

Reason · Jun 25, 2024

Tradition In Erlinger

Justice Jackson thinks Apprendi was wrongly decided, Justice Gorsuch chides Justice Kavanaugh's fixation on tradition.

Reason · Jun 23, 2024

The US supreme court’s rightwing justices are fighting legal monsters of their making

On Friday the court revoked domestic abusers’ gun rights – fixing a horrific problem they themselves created

The Guardian - US · Jun 22, 2024

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Supreme Court OT2023 in the Final Stretch

The justices are rushing to close out the term before the end of June.

Reason · Jun 21, 2024

Counting The Votes In An Unusual Per Curiam Opinion in Gonzalez v. Trevino

We know the identity of four members of the majority, but who else joined?

Reason · Jun 20, 2024

Justice Barrett's Concurrence In Vidal v. Elster Is a Repudiation of Bruen's "Tradition" Test

I expect Justice Barrett will exhibit her buyer’s remorse of Bruen in Rahimi.

Reason · Jun 16, 2024

Supreme Court OT2023 at the Middle of June

The justices still have over one-third of the term's cases remaining.

Reason · Jun 14, 2024

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Justices Agree on Constitutionality of Trademark Restriction, Disagree on How to Approach Such Questions

The underlying methodological debate might also bear on free speech disputes more broadly.

Reason · Jun 13, 2024

Book Advances for the Justices in 2023

Gorsuch ($250,000), Kavanaugh ($340,000), Jackson ($893,750).

Reason · Jun 7, 2024

Hoping for Three More Votes

Gorsuch: "If there are not yet four votes on this Court to take up the question whether Williams should be overruled, I can only hope someday there will be."

Reason · May 28, 2024

Justice Gorsuch Again Argues: The Jury Trial Clause Requires 12-Person Juries in Serious Criminal Cases

From this morning's dissent by Justice Gorsuch from denial of certiorari in Cunningham v. Florida: "For almost all of this Nation's history and centuries before that, the right to trial by jury for serious criminal offenses meant the right to a trial before 12 members of the community." Khorrami v.…

Reason · May 28, 2024

30 Months After Only Three Justices Would Have Granted Cert in Roman Catholic Diocese of Albany, the New York Court of Appeals Holds Fulton Changed Nothing

Decisions from Justices Kavanaugh and Barrett continue to linger.

Reason · May 22, 2024

Judicial Boycotts of Non-Elite Schools

In April 2009, a law student at American University asked Justice Scalia how a student from her school could become "outrageously successful" without "connections and elite degrees." (The clip begins around 52:00.) Scalia laughed out loud. He answered, "Just work hard and be very good." But then he digressed to…

Reason · May 21, 2024

CFPB v. CFSAA: Originalists v. Traditionalists

The Court's originalists and traditionalists break out into their camps.

Reason · May 17, 2024

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Reason · May 16, 2024

Why did Justices Sotomayor, Kagan, and Jackson Dissent in Robinson v. Landry?

And what would have happened if Justices Thomas, Alito, and Gorsuch did not vote to grant the stay?

Reason · May 10, 2024

How I Learned About The Copyright Act's Statute of Limitations

And how it relates to Warner Chappell Music, Inc. v. Nealy.

Reason · Apr 23, 2024

Ten Thoughts on Starbucks, Corp. v. McKinney

Brief responses based on the second oral argument this morning: Starbucks wins. The Court will hold, as it should, that the four-factor test should be applied. The general principle here (see Weinberger v. Romero-Barcelo, Nken, e.g.) is that we presume all the traditional principles of equity apply unless there is…

Reason · Apr 18, 2024

Justice Kavanaugh's Concurrence in Labrador v. Poe

Justice Kavanaugh laid out a unifying theory for the Shadow Docket.

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Reason · Apr 18, 2024

Justice Gorsuch's Concurrence in Labrador v. Poe

The walls are closing on universal, non-party injunctions against state laws.

Reason · Apr 16, 2024

Congratulations to Sam Bray, Whose National Injunction Article Was Cited Three Times by Justices Today

That happened in yesterday's opinions respecting the stay in Labrador v. Poe, twice in Justice Gorsuch's concurrence (joined by Justices Thomas and Alito), and once in Justice Jackson's dissent (joined by Justice Sotomayor). Nice! For Sam's substantive analysis of Labrador, see this post.

Reason · Apr 16, 2024

Is the Bell Tolling for Universal Injunctions?

Yesterday the Court stayed most of the district court's injunction in Labrador v. Poe, narrowing the injunction so that it protected only the plaintiffs from the enforcement of Idaho's statute restricting surgeries and other kinds of medical interventions for minors related to gender identity. Accompanying the Court's stay were three…

Reason · Mar 27, 2024

The Court Should Cast Doubt On Havens Realty "Diversion" Standing and Establishment Clause "Offended Observer" Standing

If Alliance for Hippocratic Medicine lacks standing, so should progressive groups.

Reason · Feb 9, 2024

Oral Arguments in Trump v. Anderson Part IV: Justice Sotomayor and Kagan get the line between national power and federalism

The states do not need Section 3 to impose qualifications on state-created positions. But only the national government should decide questions about the President.

Reason · Feb 9, 2024

Oral Arguments in Trump v. Anderson Part I: Justice Gorsuch Gets "Officers of the United States"

Justice Gorsuch demonstrates that he is the Court's most careful, consistent textualist.

Reason · Dec 17, 2023

Ten Reflections on Justices Kavanaugh and Barrett's Votes In Dobbs

On Friday, I wrote a post that totaled nearly 6,000 words about the New York Times bombshell report on Dobbs. My initial goal was to simply lay out all of the new disclosures--and there were many of them. Now, I've had some time to think about this new information. Here,…

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