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BIZARRE: 14 - You Need To See This

Editorial: What if regulation is unconstitutional?

Is regulation as we know it unconstitutional? It’s not inconceivable that, sometime soon, the U.S. Supreme Court could reach such a conclusion, invalidating much of the vast administrative apparatus created to promote such public goods as clean air, workplace safety and financial stability.

Tribune News Service

John Roberts won't save democracy

Roberts may seek a compromise in the Independent State Legislature case — one that locks down minority rule

Salon

A Likely Win for Free Speech

Last week's argument at the Supreme Court in 303 Creative v. Elenis.

Reason

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The future of US elections hinges on an outlandish case before the supreme court

The ‘independent state legislature’ theory has rarely been put forward, and then only by blatant partisans acting in bad faith

The Guardian - US

Justices take up elections case that could reshape voting

The Supreme Court is taking up a case with the potential to reshape elections for Congress and the presidency

The Independent UK

How a fringe legal theory at the Supreme Court could blowtorch American elections

Right-wing legal groups and Republican lawmakers put the so-called ‘independent state legislature’ theory at the centre of one of the most important tests for democracy in front of the US Supreme Court, Alex Woodward reports

The Independent UK

Supreme Court signals sympathy with web designer opposed to same-sex marriage in free speech case

In front of the Supreme Court justices on Dec. 5, 2022 was 303 Creative LLC v. Elenis – a major case regarding LGBTQ rights and free speech.

The Conversation

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Supreme Court Debates Whether Web Designers Can Be Forced To Make Gay Wedding Pages

A million hypotheticals bloom in arguments over when and where the government may compel speech.

Reason

Supreme Court weighs 'most important case' on democracy

The Supreme Court is about to confront a new elections case that could dramatically alter voting in 2024 and beyond

The Independent UK

The Daily Brew, December 2: An initiative in Nevada would let municipalities opt-out of county-based school districts

Welcome to the Friday, December 2, Brew.

Ballotpedia

Carl P. Leubsdorf: No surprise that trust in Supreme Court has slipped

Public trust in the Supreme Court has dropped sharply, a Gallup poll found this fall. It’s hardly surprising, given an array of recent factors involving the justices, their opinions and supporters.

Tribune News Service

Checks and Balances November 2022

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

Ballotpedia

How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions

The link between Bostock v. Clayton County and Students for Fair Admissions v. University of North Carolina

Reason

Harvard, Asian Americans and Jews

Conservatives have embraced the argument that Asian Americans are "the new Jews." Their true goal is no mystery

Salon

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The Independent UK

Justices cheered at conservative group's anniversary dinner

Four of the five Supreme Court justices who overturned the constitutional right to abortion showed up at the conservative Federalist Society’s black-tie dinner marking its 40th anniversary

Salon

Justices attend right-wing gala

Three of the four Supreme Court justices in attendance were nominated by Donald Trump

Reason

Some Supreme Court Justices Want the Court To Tackle More Government Abuse Cases

Unfortunately, in five separate cases today, they're outnumbered.

The Independent UK

Court rejects appeal to give American Samoans citizenship

The Supreme Court on Monday rejected an appeal seeking to give people born in American Samoa U.S. citizenship

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Chicago Tribune

Commentary: The illegitimate attacks on the Supreme Court’s legitimacy

Legitimacy. The word has dominated discussion of the U.S. Supreme Court for years. Some, mostly on the left, claim that the court has lost its legitimacy. The debate on this question even has spread to the court itself, with comments on the matter made by Justices Elena Kagan, John Roberts…

Tribune News Service

Ketanji Brown Jackson makes her mark early, often as US Supreme Court work begins

It didn’t take long for Justice Ketanji Brown Jackson to find her voice on the U.S. Supreme Court.

The Conversation

A seismic change has taken place at the Supreme Court – but it's not clear if the shift is about principle or party

In the summer of 2022, the U.S. witnessed a dramatic change in how the majority of Supreme Court justices understand the Constitution.

WEKU

Chief Justice John Roberts defends the Supreme Court — as people's confidence wavers

After Roe was overturned, polls have shown a sharp drop in approval. Roberts says the court's role should not be called into question just because people disagree with its decisions.

The Independent UK

Chief Justice John Roberts defends legitimacy of court

Chief Justice John Roberts is defending the authority of the Supreme Court to interpret the Constitution, saying its role should not be called into question just because people disagree with its decisions

Reason

Why Won't the Biden Administration Join Gorsuch in Seeking To Overrule These Racist SCOTUS Precedents?

The Insular Cases “rest on a rotten foundation,” Gorsuch wrote.

Reason

Originalism and the "Major Questions" Doctrine

Originalist legal scholars Mike Ramsey and Mike Rappaport debate whether the major questions doctrine - an important theory underlying several recent Supreme Court decisions - can be squared with originalism or not.

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People

Ketanji Brown Jackson

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Organisations

Federal Trade Commission

187 stories

Securities and Exchange Commission

187 stories

Federalist Society

108 stories

University of North Carolina

63 stories

Consumer Financial Protection Bureau

62 stories

Students for Fair Admissions

58 stories

303 Creative

56 stories

North Carolina Supreme Court

41 stories

SFFA

28 stories

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