FORGOTTEN HISTORY: 9 | History Defined

Counting to Five in Texas v. United States

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

Reason · Jun 25, 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

Justice Kavanaugh's "Principal Concurrences"

On the Supreme Court, there is a hierarchy for listing opinions. The majority opinion always comes first. When the Court is fractured, and there is no clear majority, the opinion with the most support is usually listed first. When the case is an absolute cluster, sometimes the opinion by the…

Reason · May 26, 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 25, 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 16, 2023

Justice Kavanaugh Still Wants to Hear More Cases (Revised)

Justice Kavanaugh continues to support granting certiorari in cases his colleagues do not wish to hear.

Reason · May 15, 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

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 11, 2023

Jeff Rosen and Joan Biskupic Talk About Supreme Court Leaks

RBG told Rosen that AMK wrote the Bush v. Gore PC, and Biskupic said a Justice likely leaked Dobbs wrangling to WSJ.

Reason · May 5, 2023