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The Latest Breaking News from Alito

Reservations For Two

Justices Gorsuch and Alito have diametrically opposite perspectives on Indian Tribes

Reason

Has Justice Gorsuch Ever Written An Opinion That Ruled Against An Indian Tribe or Member?

9-0.

Reason

Roberts Waves the White Flag of Textualism in Allen v. Milligan

Justice Scalia would be rolling over in his grave.

Reason

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Justice Thomas Had No Majority Opinion from October Sitting, But Still Wrote More Than Any Other Justice

Justice Ketanji Brown Jackson may speak the most at oral argument, but Justice Thomas is writing more pages.

Reason

Does a Footnote in Sackett II Indicate How SCOTUS Will Resolve the Affirmative Action Cases?

Could the Court treat Justice Powell's Bakke opinion the way it treated Justice Kennedy's Rapanos opinion?

Reason

In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands

The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality.

Reason

Another Voting Paradox Case (Pork Division)

The California Pork case (NPCC v. Ross) is another example of a case whose outcome conflicts with the doctrines adopted by the Court itself in its opinions.

Reason

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How Did Justice Gorsuch Lose A Majority In National Pork Producers?

Thomas assigned the majority to Justice Gorsuch, but he couldn't hold five all the way.

Reason

SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)

The Supreme Court issues five merits opinions, but there are still forty more waiting.

Reason

Senator Schumer's Letter to Chief Judge Godbey (NDTX)

If you don't do what I want, "Congress will consider more prescriptive requirements."

Reason

How Will the Mifepristone Case Get Back to the Supreme Court?

On Friday evening, the Supreme Court granted a complete stay of the District Court's order in Alliance for Hippocratic Medicine v. FDA. And that stay will remain in effect while the proceedings in the Fifth Circuit continue. For now, the status quo continues. Justice Thomas would have denied the application…

Reason

The Supreme Court's Mifepristone Stay

Last night the Supreme Court entered a short but important order staying an order issued by the Northern District of Texas in the mifepristone litigation "pending disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of…

Reason

SCOTUS: Abortion pill is safe — for now

SCOTUS reversed a federal judge's previous ruling that banned mifepristone, a pill intrinsic to medication abortion

Salon

Reed v. Goertz, California v. Texas, and WWH v. Jackson

Justice Kavanaugh's six-page majority opinion does not withstand scrutiny against Justice Thomas's 20-page dissent.

Reason

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Reason

Alito: "I went to a law school where I didn't learn any law."

I was pleased to attend oral argument today in Jack Daniel's Properties, Inc. v. VIP Products--my first argument since the pandemic. This fun IP case considers a doggy toy that closely resembles a bottle of Jack Daniels whisky. It is always fun to see Lisa Blatt argue in person. She…

Reason

Making Sense Of The Votes In Bittner v. United States

Why did Justices Kagan and Sotomayor, but not Justice Jackson, join Justice Barrett's dissent?

Reason

An Unusual Supreme Court Split in Bittner v. United States

The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.

Reason

Justice Sotomayor: Summary Reversal on the "Shadow Docket" Caused A "Significant Change" In Federal Law

Justice Barrett countered that the SumRev "did not change the content of federal law."

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Reason

Has Justice Barrett Replaced Justice Ginsburg as the Court's Quickest Opinion Writer?

Justice Barrett has produced two majority opinions before most of her colleagues have produced one.

Reason

Abortion and the 13th Amendment

Judges cannot take the Supreme Court's silence as a ground to subvert Supreme Court precedent.

Salon

Experts stunned by SCOTUS leak omissions

Experts say Supreme Court Dobbs opinion leak probe is "really not an investigation"

Reason

Justice Alito Asks Questions in 303 Creative from Jewish Coalition for Religious Liberty Amicus Brief

Justice Kagan confirms that J-Date is in fact a Jewish dating site.

Reason

Predicting a Fragmented Vote in United States v. Texas

I don't think there will be a five vote bloc on standing or the remedy.

Reason

Some Thoughts on Elite-Law-School Bias in Clerkship Hiring

Does the bias exist? Is it a good thing? What does it mean for law students at lower-ranked schools? What does mean about me?

Reason

Life Imitates the Volokh Conspiracy

A reader reminded me of this blog post Jan. 24, 2022: Will the Supreme Court Ask Harvard How it Justifies Treating "Asian Americans" as a Homogenous Category? I wrote: "I'm not quite sure what Harvard's lawyer would or could say if asked why, say, Filipino, Nepalese, and Mongolian applicants are…

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