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FOUND: 4 - You Need To See This

The Behind the Scenes Wrangling in the Idaho Abortion Case

Joan Biskupic reports that the justices were initially inclined to back Idaho in the EMTALA case, until they realized the case was messier than they had thought.

Reason

Jarkesy Should Not Have Been So Easy For Justice Barrett

There are tensions between Jarkesy, CFPB, and Vidal.

Reason

Chief Justice Roberts, The Judicial Supremacist in Jarkesy

The Chief Justice wavers on many issues, but never in returning power to the federal judiciary.

Reason

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Atlas Roofing Shrugged

Another Burger Court precedent is about to be “abandoned” or “overruled” like Roe, Lemon, Chevron, Abood, and Bakke.

Reason

The Supreme Court Refuses To Extend Robinson v. California, A Non-Originalist Decision

Even if an erroneous precedent cannot be overruled, isolate the damage, and decline to extend it to new circumstances.

Reason

Justice Sotomayor Would Deny Immunity For Abuses of Power, Corrupt Purposes, and Personal Gain

Justice Sotomayor's rhetoric in Trump v. United States mirrors the claims from Trump impeachment 1.0

Reason

Trump v. United States Recognizes That Prosecuting The President Poses More Risks Than Suing The President

Defenders of the Mueller investigation routinely argued that the threat of civil enforcement was worse than a federal prosecution.

Reason

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What Exactly Do Justices Thomas and Gorsuch Disagree About In Loper Bright

Justice Thomas agrees with the "lion's share" of Justice Gorsuch's concurrence.

Reason

"What Should a Court Do When Faced with a 40-Year-Old Conviction Resting on Science That Has Now Been Wholly Discredited?"

A longish and interesting opinion by Justice Sotomayor, regarding the Court's decision not to review the matter for now (McCrory v. Alabama). According to Justice Sotomayor: Petitioner Charles M. McCrory was convicted of murder in 1985 based on forensic bitemark testimony that has now been roundly condemned by the scientific…

Reason

Justice Sotomayor on Prosecutorial Immunity

From Justice Sotomayor's statement today respecting the denial of review in Price v. Montgomery County: Nickie Miller was charged with murder based on the false confession of a witness. The witness later recanted her coerced confession, including in jailhouse letters she sent to her husband. Upon learning about the letters,…

Reason

Did Justice Alito Lose The Majority Opinions In Trevino and NetChoice?

Alito had only four majority opinions this term, while Roberts, Thomas, Sotomayor, and Kagan all had seven.

Reason

Edited Version of Trump v. United States

Download the edited version from the 2024 Barnett/Blackman supplement.

Reason

Trump and MAGA Republicans celebrate ‘big win’ over Supreme Court immunity ruling

New York congresswoman Alexandria Ocasio-Cortez said that she plans to file articles of impeachment against Donald Trump

The Independent UK

US supreme court decisions: the biggest cases this term and their outcomes

The court has wrapped up its term, issuing a string of blockbuster decisions with the conservative supermajority in the driver’s seat

The Guardian - US

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Reason

Let's Talk About The Debate

I wasn't planning on watching the presidential debate. Contrary to what readers may believe, I do not like politics. I much prefer the law. I'd rather read a transcript of oral argument than sit through a meaningless political debate. My agenda for last night was to finish a long post…

Reason

SEC v. Jarkesy: A Win for the Separation of Powers and the Right to Civil Jury Trial

The Supreme Court held today that the Seventh Amendment right to a civil jury trial in fraud cases was violated when an administrative law judge of the S.E.C. decided the case.

Reason

KBJ DGAF

Unlike Justices Sotomayor and Kagan, Justice Jackson has no problems criticizing Justice Barrett.

Reason

The Keys to Moyle: PPROM and Fertility

Justice Kagan and Sotomayor set the stage for Justice Barrett's vote.

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Reason

Second Amendment Roundup: Rahimi Preserves Bruen

The real dissents are the concurrences by Justices Sotomayor and Jackson.

Reason

Department of State v. Munoz: The Sleeper ConLaw Case of the Term

Justice Barrett's majority clarifies Glucksberg, Mandel, Din, and Knauff, but Justice Sotomayor's dissent really wants to talk about Loving, Obergefell, and Dobbs.

Reason

Supreme Court OT2023 in the Final Stretch

The justices are rushing to close out the term before the end of June.

Reason

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

When I see an animal that looks like a duck, swims like a duck, and lays eggs like a duck…

…I see a duck-billed platypus. Cf. Garland v. Cargill (Sotomayor, J., dissenting) ("When I see a bird that walks like a duck, swims like a duck, and quacks like a duck, I call that bird a duck."). Alas, a platypus does not quack. But it is not pleasant when a…

Reason

Justice Thomas Reverses President Trump's Executive Overreach in Cargill v. Garland

Justices Sotomayor, Jackson, and Kagan disregard ATF’s “about face.”

Reason

Justices Agree on Constitutionality of Trademark Restriction, Disagree on How to Approach Such Questions

The underlying methodological debate might also bear on free speech disputes more broadly.

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