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INSANE: 4 | Vintage Vibes

"So No Damages for Past Injury, Due to Immunity—and no Injunction to Stop Future Injury, Due to Mootness"

An interesting concurrence by Fifth Circuit Judge James Ho.

Why Didn't Kennedy Formally Overrule Lemon?

There were no Establishment Clause claims present, and Kennedy did not ask the Court to reverse Lemon.

Farewell to Footnote 3 of Trinity Lutheran

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

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The Assignments and Timing in Dobbs

Who assigned the majority opinion to Justice Alito?

On Justice Thomas, Dobbs, Precedent, and Substantive Due Process

In his Dobbs concurrence, the senior associate justice reiterates his outlying views on precedent and his belief that all substantive due process decisions were "demonstrably erroneous."

Clarence Thomas Calls To 'Reconsider' Gay Marriage, Sodomy Rulings

The other justices declined to join him, but the future of the Supreme Court rulings on those matters remains unclear.

Supreme Court Reinstates Stay of Texas Social Media Law (Pending Appeal); Justices Alito Dissents

Justices Thomas and Gorsuch join Justice Alito's dissent, and Justice Kagan disagreed with the majority without opinion. This is not a decision on the merits of the law, but Justice Alito's dissent notes why the answer to the merits question is "quite unclear."

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Sixth Circuit Concludes Challenge to Michigan Mask Mandate Is Moot

The en banc Sixth Circuit concludes that the lawsuit seeking an injunction against Michigan's mask mandate is now moot.

Originalism In The Lower Courts: Is Absolute Prosecutorial Immunity Correct As An Original Matter?

Judge Ho: "There are good reasons to believe that the doctrine of absolute prosecutorial immunity is wrong as an original matter."

Justice Gorsuch Calls for Overruling the Insular Cases

In a forceful concurring opinion, he argues the Supreme Court should overrule longstanding precedents denying many constitutional rights to residents of Puerto Rico and other "unincorporated" US territories. Gorsuch is absolutely right. But he would do well to cast the same critical gaze on the very similar precedents that exempt…

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