The Latest Breaking News from Alito

As I mentioned yesterday, ten years ago I wrote a descriptive and analytical law review article called Private Employees' Speech and Political Activity: Statutory Protection Against Employer Retaliation, which aimed to catalog these often-little-known statutes. This year, I'm returning to the subject, trying to analyze the strongest arguments for and…

As (yet another) Texas v. U.S. slides from the shadow docket to the rocket docket

During the October 2021 Term, each Justices authored between five and eight majority opinions. The Chief assigned himself the most majority opinions (8) and Justice Kavanaugh had the fewest (5). Justice Kavanaugh wrote the most concurring opinions with 8. Indeed, Kavanaugh beat Thomas and Alito, who each had 7. Five…

On June 18, 2021, I wrote, "We don't have a 6-3 Conservative Court. We have a 3-3-3 Court." I'm not sure if I was the first person to coin the phrase 3-3-3 Court, but I was one of the first. And I elaborated on this theme in a Newsweek column,…

The constitution is being used to destroy the very democratic governance that it was designed to protect

The ruling likely allows end of a cruel policy - but also reinforces broad presidential control over immigration.

Each of the 13 federal circuit courts of appeals gets a Justice assigned to it, mainly to handle one-Justice applications (for stays, extensions of time, and the like) coming from that Circuit. They are often given to Justices based on their connections to the circuit. Several Justices have the circuits…

What I admire most is how the ruling, at once profound and lyrical, describes the atmosphere surrounding the issue of abortion. It is beautiful

Chief Justice Roberts final opinion of the term rejects the statutory challenge to the Biden Administration's rescission of the "Remain in Mexico" policy.