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SHOCKING: 3 - You Need To See This

Mark Graber on the History and Original Meaning of the Militia Act of 1903

Graber shows that the act used by Trump to federalize the California National Guard does not allow the president to take this step in response to low-level violence and disorder.

Reason

Supreme Court Refuses to Consider Eviction Moratorium Takings Case

But Justice Clarence Thomas wrote a strong dissent to denial of certiorari.

Reason

SCOTUS Puts Skrmetti SDP Case Out Of Its Misery

The ACLU's cert petition is denied, and several other petitions are GVR'd.

Reason

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Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Classroom commandments, the FBI's Most Wanted, and a phone book artifice.

Reason

The Ninth Circuit's Flawed Decision Upholding Trump's Federalization of the California National Guard

The ruling gets several important issues right - and one big one wrong.

Reason

Judge Grants TRO Against President Trump's Federalizing California National Guard [FURTHER UPDATE: Ninth Circuit Grants Stay]

The order is stayed until noon tomorrow (June 13), and I expect the federal government will ask the Ninth Circuit and, if necessary, the Supreme Court for a further emergency stay.

Reason

Justices Gorsuch and Thomas Dissent from Court's Declining to Hear Apache Religious Freedom Case

From today's dissent from denial of certiorari by Justice Gorsuch, joined by Justice Thomas, in Apache Stronghold v. U.S.: For… The post Justices Gorsuch and Thomas Dissent from Court's Declining to Hear Apache Religious Freedom Case appeared first on Reason.com.

Reason

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Circuit Justice Kagan Never Bothered Calling For A Reply In Trump v. AFGE

The District Court succeeded its TRO with a PI, rendering the government's application moot.

Reason

Donald Trump asks courts to ‘blindly trust’ his word about deportations, but one California judge has had enough

Courts may yet curb Trump's worst tendencies.

We Got This Covered

Judge orders Trump administration to admit roughly 12,000 refugees

A judge has ordered the Trump administration to admit some 12,000 refugees into the United States

The Independent UK

Why the Major Questions Doctrine Applies to the President, Not Just Executive Agencies

This is a key issue in cases seeking to limit executive branch power grabs, including Trump's tariffs. Judge Ryan Nelson (a conservative Trump appointee) explains why the president is not exempt from the doctrine.

Reason

Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal

Group chats, monopolies, and corporate espionage.

Reason

Federal Government Urges S. Ct. to Take Second Amendment Case

The question presented in Wolford v. Lopez is: Whether the Second Amendment allows a State to make it unlawful for concealed-carry license-holders… The post Federal Government Urges S. Ct. to Take Second Amendment Case appeared first on Reason.com.

Reason

Federal Court Blocks Trump Executive Order Denying Federal Funds to Sanctuary Cities

The decision is based on precedents in similar cases during Trump's first term.

Reason

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Reason

"The Trump Administration's Unconstitutional Hate Mail to Harvard," by Prof. Genevieve Lakier (Chicago)

I've worked with Prof. Lakier on various projects recently, and have been much impressed with her analyses (as well as… The post "The Trump Administration's Unconstitutional Hate Mail to Harvard," by Prof. Genevieve Lakier (Chicago) appeared first on Reason.com.

Reason

Second Amendment Roundup: 9th Circuit Upholds California Magazine Ban (Again)

The third time isn’t the charm.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Corner crossing, prison typewriting, and an interview with Webster Bivens.

Reason

Judicial Conference Recommends 71 New Judgeships, Including Two on the Ninth Circuit

The Judicial Conference again asks Congress to create more judicial seats to address judicial backlogs.

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Reason

Nevada Math Prof Alleges Discipline for "Voic[ing] Concerns About … the Math Department … Lower[ing] Its Curriculum Standards"

The Ninth Circuit allows his First Amendment claim against his community college to go forward.

The Conversation

Ending US birthright citizenship could have consequences for LGBTQ+ couples, lower-income parents and the surrogacy market

The first month of US President Donald Trump’s second term saw an onslaught of executive orders. The order aiming to change how birthright citizenship – the constitutional guarantee of citizenship to most children born within US territory – is granted could be the most consequential. Federal judges in Maryland, Washington…

Reason

Expressive Discrimination: Universities' First Amendment Right to Affirmative Action — Part 4

The final post in my serial blogging on whether private universities can use a Boy Scouts expressive association theory to have race-based affirmative action.

Reason

There is Some Drama Brewing In San Francisco v. EPA

Today the Court decided one case, San Francisco v. EPA. As I predicted, the majority opinion was assigned to Justice Alito.… The post There is Some Drama Brewing In San Francisco v. EPA appeared first on Reason.com.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Private islands, signal fires, and a salmagundi of sadness.

Reason

Divided Fourth Circuit Denies Partial Stay of Preliminary Injunction Against Executive Order Curtailing Birthright Citizenship

If nationwide injunctions were okay against other administrations, the Fourth Circuit see no reason they are not okay now.

Reason

One More First Amendment Case to Watch

Another First Amendment case that the Court will consider this Friday, but on the religion side, is Apache Stronghold v.… The post One More First Amendment Case to Watch appeared first on Reason.com.

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