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The Latest Breaking News from Alito

S. Ct. Recognizes Platforms' Right to Choose What Appears in "Curated Feeds," Doesn't Resolve Other Content Moderation Questions

In today's Moody v. Netchoice, LLC, the Supreme Court sent back to lower courts the cases considering whether (and when) the Florida and Texas limits on social media content moderation are constitutional. The decision was complicated and limited, so here's a general summary. [1.] Remember that the lawyer's true superpower…

Reason

Final Predictions For the Final 3 Cases

Monday, Monday, Monday! Trump, NetChoice, Corner Post!

Reason

Why Does (It At Least Appear That) Justice Barrett Applies "New," "Heightened," and "Elevated" Standing Rules?

Justice Barrett adamantly resists the suggestion that she keeps leveling up the burden on plaintiffs, but it is becoming more difficult to deny.

Reason

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Predictions For The Final 6 Cases

Chevron, Netchoice, Trump, Grant's Pass, Fischer, and Corner Post.

Reason

KBJ DGAF

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

Reason

Justices Alito, Thomas, and Gorsuch Dissent On An "Emotional and Highly Politicized" Case

And they charge that Justices Barrett and Kavanaugh "lost the will" to decide the case.

Reason

Two Excellent Opinions in Murthy v. Missouri

Justice Barrett's majority opinion reaches the right outcome; Justice Alito's dissent publicizes the atrocious mistreatment of Facebook by the Biden Administration during Covid.

Reason

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The Lack of Standing in Murthy v. Missouri

Are we in the middle of a great standing reset?

Reason

A Blue June?

June 2022 was one victory after another for conservatives. June 2024 seems just the opposite.

Reason

Supreme Court Sends Message with Narrow Standing Holding in Murthy v. Missouri

Even if one thinks the federal government crossed the line in pushing more aggressive social-media-platform content moderation policies, plaintiffs must still satisfy the traditional requirements of Article III standing.

Reason

Tradition In Erlinger

Justice Jackson thinks Apprendi was wrongly decided, Justice Gorsuch chides Justice Kavanaugh's fixation on tradition.

Reason

The Sixteenth Amendment did not "Overrule" Pollock

Constitutional amendments change the organic law. They do not overrule a decision.

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

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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.

Reason

The Left Wing Attack on Judicial Independence and on Justice Alito

The left has abolished the secret ballot and legalized fraud-friendly mail in voting. now they want to destroy our independent judiciary

Top News

Supreme Court Justice Alito's Flag Controversy Sparks Ethics Debate

Debate over Supreme Court ethics and recusal rules amid concerns about impartiality and accountability.

Reason

The Value of Legislative Drafting Guides

In Brown v. United States, Justice Alito relied on them, but Justice Jackson did not.

Salon

Alito flags spark alarm over lax ethics

Justice Alito "and Justice Thomas at some level have only themselves to blame” if Congress cracks down, expert says

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