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
New Reporting On Deliberations In Bruen Justice Thomas's draft majority opinion had the "potential to outlaw many common gun-control measures." Reason · Jun 18, 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
Justice Kavanaugh Denies Standing For Docs Against Glocks Doctors cannot claim an injury to challenge gun control laws because their patients may be affected by gun violence. Reason · Jun 14, 2024
The Standing Analysis in FDA v. Alliance for Hippocratic Medicine The Court ducks the conscience theory of standing based on the government's new position, "abandons" Haven's Realty, and starts the deadpool for associational standing Reason · Jun 13, 2024
Unanimous Supreme Court Finds No Standing to Challenge FDA Regulation of Mifepristone (UPDATED) Not a single justice was impressed by the unimpressive standing theories offered in Alliance for Hippocratic Medicine v. FDA. Reason · Jun 13, 2024
Supreme Court throws out challenge to key abortion pill mifepristone Supreme Court rejected conservative group’s attempt to restrict access to abortion pill medication but left the door open for further lawsuits The Independent UK · Jun 13, 2024
Book Advances for the Justices in 2023 Gorsuch ($250,000), Kavanaugh ($340,000), Jackson ($893,750). Reason · Jun 7, 2024
Supreme Court OT2023 at the End of May The justices have been slow and quite agreeable -- so far. Reason · May 30, 2024
SMU Law Review Symposium on Students for Fair Admissions I was pleased to participate in an excellent symposium at the SMU Law Review on Students for Fair Admissions v. UNC. This journal made a strong effort to seek out diverse viewpoints. This is one of the more balanced symposium issues I've seen in years. Well done. Here is the… Reason · May 22, 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
CFPB v. CFSAA: Originalists v. Traditionalists The Court's originalists and traditionalists break out into their camps. Reason · May 17, 2024
Fringe Theory About Justice Alito A neighborly spat elevated into a conspiracy-theory to disqualify Justice Alito. Reason · May 17, 2024
Reason · May 10, 2024 Justice Thomas Raises Concerns About Increase in Expedited Appeals on "Shadow Docket" Speaking at the Eleventh Circuit Judicial Conference, Justice Thomas echoes some of the concerns expressed by Justice Kavanaugh.
Reason · May 10, 2024 Justice Kavanaugh Speaks at the Fifth Circuit Judicial Conference Today Justice Kavanaugh spoke at the Fifth Circuit Judicial Conference in Austin. I was pleased this session was open to the press, and saw several reporters in the room. The Washington Post has an early report. Chief Judge Richman interviewed Justice Kavanaugh. It was a very engaging exchange. I thought…
Reason · May 10, 2024 Justice Kavanaugh Tells Fifth Circuit that "Shadow Docket" Places Pressure on Supreme Court Some interesting comments at the Fifth Circuit Judicial Conference
Reason · Apr 28, 2024 The Clear Statement Rule and the Major Question Doctrine As Substantive Separation of Powers Canons The clear statement rule and the major question doctrine both function as substantive separation of powers canons in order to avoid deciding if federal actions are unconstitutional.
Reason · Apr 25, 2024 Presidential Bribery and the Clear Statement Rule in Trump v. United States: Revisiting Issues From The First Trump Impeachment and the Mueller Investigation Questions from Chief Justice Roberts and Justices Kavanaugh and Gorsuch revisit unresolved issues from 2017-2020.
Reason · Apr 18, 2024 Justice Kavanaugh's Concurrence in Labrador v. Poe Justice Kavanaugh laid out a unifying theory for the Shadow Docket.
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 17, 2024 Justice Kavanaugh Rejects The Substantive "Veterans Benefits" Canon A careful textualist analysis that speaks more broadly to other substantive canons, including Chevron deference.
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 · Apr 12, 2024 Justice Barrett on the Takings Clause and the Police Power "Though at times the two seem more like in-laws than soulmates."
The Guardian - US · Mar 27, 2024 Even the US supreme court was baffled by conservatives’ attack on abortion pills The anti-choice case relies on outlandish legal leaps. And if they can’t win there, they’ll redouble efforts to win the White House