BIZARRE: 8 | Mind Blowing Facts

Supreme Court Shows Little Interest in Investigating Executive Power under the Antiquities Act

Yet another case that Justice Kavanaugh would like to hear that does not interest enough of his colleagues.

Reason · Mar 25, 2024

Do Judges Also "Berate" The Press?

On Monday, the Supreme Court heard oral argument in Murthy v. Missouri. Justices Kavanaugh and Kagan--who both worked in the White House--stated that it was fairly common for government officials to "berate" the press. Justice Kavanaugh observed that "experienced government press people throughout the federal government . . .. regularly…

Reason · Mar 20, 2024

The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket

The center of the Court wants to push back on temporary administrative stays and the Fifth Circuit.

Reason · Mar 19, 2024

Oral Arguments in Trump v. Anderson Part III: Justice Kavanaugh Gets Griffin's Case and Justice Barrett gets FedCourts

Why did Jonathan Mitchell not vigorously defend Griffin's Case and Chief Justice Chase? And Mitchell missed Justice Barrett's question about direct/collateral challenges due to his refusal to accept the sword-shield dichotomy.

Reason · Feb 9, 2024

New Univ. of Texas Law Class on "Understanding Conservative Legal Thought"

I thought this item from Prof. John Greil at Texas was much worth passing along; he is still developing the syllabus, and comments and suggestions are welcome at john [dot] greil [at] law [dot] utexas [dot] edu: Next fall semester, I'll be teaching a new course at Texas Law—Understanding Conservative…

Reason · Jan 9, 2024

Supreme Court Takes a Pass on Minnesota Climate Change Case

Only one justice indicated any interest in premature consideration of state-law climate change lawsuits.

Reason · Jan 8, 2024

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,…

Reason · Dec 17, 2023

16 Disclosures from the New York Times Leak Report About Dobbs

Jodi Kantor and Adam Liptak of the New York Times have published a remarkable story about Dobbs that reports on private correspondences, votes at conference, and more. This post will highlight sixteen of the largest disclosures, and close with some broader thoughts. And I've presented this narrative in (roughly) chronological…

Reason · Dec 15, 2023

Justices Kavanaugh And Barrett's Shadow Docket Concurrence In The Hamburger Mary's Case

The good, the bad, and the ugly.

Reason · Nov 20, 2023

Broad Injunctions Against Enforcement of Allegedly Unconstitutional Statutes

An interesting opinion from Justices Kavanaugh and Barrett; it arose in a case challenging a Florida law that was aimed at drag shows, but it deals with the remedies question and not the underlying substantive First Amendment question.

Reason · Nov 18, 2023