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The Latest Breaking News from Barrett

Court Allows Lawsuit Over Character.AI Conversations That Allegedly Caused 14-Year-Old's Suicide

In this post, I'll talk about the court's analysis tentatively rejecting the First Amendment defense, an analysis that I think is mistaken (whether or not some tort claims such as these should be allowed despite the First Amendment).

Reason

Fifth Circuit Assigns A.A.R.P. v. Trump To New Panel For Reargument, Judge Ho Concurs

"I worry that the disrespect they have been shown will not inspire continued respect for the judiciary, without which we cannot long function."

Reason

The Department of Justice's "Longstanding" General Practice of Intracircuit Nonacquiescence

A response to questions from Justices Kagan and Barrett.

Reason

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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

Brief from Prof. Justin Driver (Yale) and Me in School Curriculum / Religious Opt-Out Case

"This Court should not announce an opt-out right for religious objectors under the Free Exercise Clause that its precedents would foreclose for students objecting to public-school curricula under the Free Speech Clause."

Reason

Justice Alito Dissents: "Both the Executive and the Judiciary have an obligation to follow the law."

Justice Alito also questions whether the Court even had jurisdiction to act.

Reason

Standing in the Shadow Docket

Should the Court not consider jurisdiction unless there is irreparable harm?

Reason

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What Exactly Did Justice Barrett Disagree With The Majority About In Trump v. JGG?

Justice Barrett tells us to read the opinion, but there is nothing to read.

Reason

Twice, SCOTUS Finds Coastal Courts Improperly Exercised Venue

In two consecutive orders, the Court signals that progressive litigants forum shopped to the wrong courts.

Reason

VanDerStock is NetChoice Redux: A Sharply-Divided Court Threads The Needle With A "Facial Challenge" Analysis

The Court may have overruled Chevron, but it has just inadvertently created a far more powerful deference doctrine with Salerno, all in service of narrowly reversing the Fifth Circuit.

Reason

Updated Authorship Predictions for the October Sitting

Justice Barrett (almost certainly) has Medical Marijuana v. Horn.

Reason

What Should Trump's Circuit Nominees Look Like?

When President Trump's first term began, he inherited a slew of circuit court vacancies. However, for his second term, there… The post What Should Trump's Circuit Nominees Look Like? appeared first on Reason.com.

Reason

The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here For A Long Time

On Monday, I wrote about Mike Fragoso's defense of President Trump's decision to appoint Justice Barrett. Fragoso has now published… The post The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here…

Reason

Neutral Principles for Birthright Citizenship on the Emergency Docket

On Thursday, the Acting Solicitor General filed emergency applications in three birthright citizenship cases (24A884, 24A885, and 24A886). These are… The post Neutral Principles for Birthright Citizenship on the Emergency Docket appeared first on Reason.com.

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Family Guy on SCOTUS

Justice Kavanaugh visits a brewery and then switches places with Peter Griffin.

Reason

Why the Supreme Court's "Order" In The USAID Case Was An Advisory Opinion (Updated)

If the Court denies the writ or application, the Court cannot instruct the lower court.

Reason

Second Amendment Roundup: Court Seems Disposed to Rule for S&W and Against Mexico

The Court should settle the proximate-cause issue, not just aiding and abetting.

Reason

The Audition Trap

When I write something controversial, I expect blowback. My recent posts about Justice Barrett were no exception. I received the… The post The Audition Trap appeared first on Reason.com.

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Article III Inverted: The Supreme Court Surrenders to Inferior Court Supremacy.

Chief Justice Roberts and Justice Barrett are engaging in alternative dispute resolution, rather than constitutional adjudication.

Reason

Neutral Principles for the Emergency Docket

The lower courts, which are issuing unappealing rulings, are inverting the Article III hierarchy. This Inferior Court Supremacy cannot stand.

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

How Will Chief Justice Roberts Split The Baby In Dellinger?

Roberts will find that the removal was unlawful, but that the court lacks an equitable cause of action to reinstate it, leaving backpay as the only available judicial remedy.

The Independent UK

Renowned Obama portraitist Kehinde Wiley accused of groping up-and-coming artist

Exclusive: Ogechi Chieke claims she lost interest in pursuing an art career after the alleged attack

Reason

Has Hill v. Colorado Already Been "Abandoned" Like Lemon?

Did Kennedy v. Bremerton overrule the precedent on precedent from Rodriguez de Quijas?

Reason

Authorship Predictions for the October Sitting

It is never too early to make predictions!

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