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YOU WONT BELIEVE: 9 - What They Never Told You

Will Massachusetts v. EPA get the Lemon v. Kurtzman quiet interment?

The landmark environmental decision may have already been abandoned.

Reason · Jun 26, 2023

Justice Kavanaugh's Arrested Development

U.S. v. Texas, Linda v. Richard, and Brett v. Amy.

Reason · Jun 26, 2023

Counting to Five in Texas v. United States

Justice Kavanaugh penned a narrow decision that cobbled together a majority.

Reason · Jun 25, 2023

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Predicting Case Authors and Outcomes as the Supreme Court Hits the Home Stretch

Some worth-what-you-paid-for-them predictions for the final(?) week of SCOTUS opinions.

Reason · Jun 25, 2023

"Brackeen's Third Sovereign"

I much appreciated the guest-post by Prof. Lorianne Updike Toler (Northern Illinois) on Brackeen back in November, based on her recent University of Chicago Law Review article, The Missing Indian Affairs Clause; now that Brackeen has been handed down, I thought I'd pass along this follow-up: Halaand v. Brackeen, which…

Reason · Jun 24, 2023

Making Sense of Arizona v. Navajo Nation

Justice Gorsuch's conservative colleagues now ignore him in Indian cases.

Reason · Jun 23, 2023

Roaming Polansky and the Constitutionality of Qui Tam

Three decades later, the George H.W. Bush SCOTUS strategy finally has three votes.

Reason · Jun 20, 2023

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A Tale of Two Originalists

Justice Gorsuch v. Justice Thomas in Brackeen.

Reason · Jun 19, 2023

Reservations For Two

Justices Gorsuch and Alito have diametrically opposite perspectives on Indian Tribes

Reason · Jun 18, 2023

Professor Barrett Flunks Brackeen's Lawyers

Justice Thomas would place the burden on the government, and follow a presumption of liberty.

Reason · Jun 17, 2023

Congratulations to Randy Barnett and Sam Bray, on Their S. Ct. Cites

Randy Barnett's The Original Meaning of the Commerce Clause was cited on Thursday by Justice Thomas's dissent in Haaland v. Brackeen and on May 25 in Justice Thomas's concurrence in Sackett v. EPA, and Sam Bray's "Necessary and Proper" and "Cruel and Unusual": Hendiadys in the Constitution was cited on…

Reason · Jun 17, 2023

Download Edited Version Of Haaland v. Brackeen From Barnett/Blackman Supplement

133 pages down to 30 pages.

Reason · Jun 17, 2023

SCOTUS Covers The Waterfront On The Lake Of Torches

He coulda been a contender.

Reason · Jun 16, 2023

Justice Thomas's Dissent in Health and Hospital Corp. of Marion County v. Talevski

A thorough originalist analysis of the "so-called Spending Clause" that casts Thiboutout in doubt.

Reason · Jun 8, 2023

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Salon · May 27, 2023

SCOTUS is helping polluters

Brett Kavanaugh broke from the conservative majority to warn about helping businesses pollute the water

Reason · May 25, 2023

In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands

The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality.

Reason · May 19, 2023

Sotomayor and Kagan "Go Back To School" Each Other in Warhol v. Goldsmith

Does The Relationship Between Justices Sotomayor and Kagan "Have Much Of A Future"? Or was this just their "Fifteen Minutes" of Flame Wars?

Reason · May 18, 2023

Justice Gorsuch on COVID-19 and Emergency Government

Arizona v. Mayorkas is one of the cases dealing with "Title 42 orders" that "severely restricted immigration to this country for the ostensible purpose of preventing the spread of COVID–19"; today, the court issued a procedural order in the case, and Justice Gorsuch wrote a statement regarding that decision. It…

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Reason · May 16, 2023

Another Voting Paradox Case (Pork Division)

The California Pork case (NPCC v. Ross) is another example of a case whose outcome conflicts with the doctrines adopted by the Court itself in its opinions.

Reason · May 12, 2023

How Did Justice Gorsuch Lose A Majority In National Pork Producers?

Thomas assigned the majority to Justice Gorsuch, but he couldn't hold five all the way.

Reason · May 12, 2023

The Territoriality Principle Without a Clause

A brief comment on National Pork Producers v. Ross

Reason · May 11, 2023

SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)

The Supreme Court issues five merits opinions, but there are still forty more waiting.

Reason · May 1, 2023

Chevron Matters — But Not as Much as You Might Think

Overruling Chevron won't gut the administrative state or even severely constrain it. But it could help strengthen the rule of law.

Reason · Apr 30, 2023

The New York Times Uncovered The Worst-Kept Secret In Academia

Summer study-abroad programs are cushy vacations for students and boondoggles to attract elite faculty.

Reason · Apr 27, 2023

Oral Argument Indicates Property Rights Likely to Prevail in Supreme Court Home Equity Theft Takings Case

The decision may even be unanimous.

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