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The Latest Breaking News from Alito

30 Months After Only Three Justices Would Have Granted Cert in Roman Catholic Diocese of Albany, the New York Court of Appeals Holds Fulton Changed Nothing

Decisions from Justices Kavanaugh and Barrett continue to linger.

Reason

Judicial Boycotts of Non-Elite Schools

In April 2009, a law student at American University asked Justice Scalia how a student from her school could become "outrageously successful" without "connections and elite degrees." (The clip begins around 52:00.) Scalia laughed out loud. He answered, "Just work hard and be very good." But then he digressed to…

Reason

CFPB v. CFSAA: Originalists v. Traditionalists

The Court's originalists and traditionalists break out into their camps.

Reason

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Rhymes with Punt

Following up on the fringe theory about Justice Alito's flag, Shannon Bream of Fox News has these tweets: I spoke directly with Justice #Alito about the flag story in the NYT. In addition to what's in the story, he told me a neighbor on their street had a "F--- Trump"…

Reason

Justice Alito's Home Flies US Flag Upside Down

Justice Alito's decision to fly the US flag upside down at his home post-January 6th events sparks debate and speculation about its symbolic meaning.

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Reason

Justices Thomas and Alito on Bias Response Teams

In Speech First, Inc. v. Sands, the Court vacated the Fourth Circuit's decision upholding Virginia Tech's Bias Intervention and Response Team Policy, on the grounds that the case had become moot. Justice Jackson would have denied the petition because of her views about when lower court decisions should be vacated…

Reason

Students Don't Have Right to Lie About Administrators

From Judge Robert Jonker's opinion today in Ashton v. Okemos Public Schools (W.D. Mich.): [Plaintiff's] daughter, E.B., served a time-limited expulsion from her high school after she lied to her parents and to the police about her interaction at school with an administrator and tried to get another student to…

Reason

Ten Reflections on Justices Kavanaugh and Barrett's Votes In Dobbs

On Friday, I wrote a post that totaled nearly 6,000 words about the New York Times bombshell report on Dobbs. My initial goal was to simply lay out all of the new disclosures--and there were many of them. Now, I've had some time to think about this new information. Here,…

Reason

16 Disclosures from the New York Times Leak Report About Dobbs

Jodi Kantor and Adam Liptak of the New York Times have published a remarkable story about Dobbs that reports on private correspondences, votes at conference, and more. This post will highlight sixteen of the largest disclosures, and close with some broader thoughts. And I've presented this narrative in (roughly) chronological…

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Reason

Counting to Four on LGBT without NMG

Justice Gorsuch has been consistent from Kastl to Edmo to Grimm to Bostock to Kincaid to Tingley.

Reason

The Myth of the Federal Private Nondelegation Doctrine, Part 1

Serial-blogging my recent article in the Notre Dame Law Review

Salon

The mockery of an unelected monarchy

The Supreme Court can’t be bothered by silly things like a code of ethics or checks and balances

Marie Claire

"Lawmakers Aren't Afraid of Mothers as Voters—But They Will Be"

Why Ohio's "off-year" election results matter.

Reason

Justice Alito: No Need to Recuse When Justice Has Been Interviewed by a Lawyer (or by Employee of Party) in a Pending Case

The matter involves a Wall Street Journal interview of Justice Alito, which didn't discuss the case in which one of the interviewers is a party.

Reason

Are We Living Through a Standing Realignment?

Recent Supreme Court cases suggest that both the left and the right are already repositioning themselves.

Reason

Justice Barrett's Shadow Docket Policy: Do The Opposite Of Whatever The Fifth Circuit Did (Updated)

Forget Doe v. Mills. Justice Barrett will grant relief on the shadow docket when the Fifth Circuit steps out of line.

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