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The Latest Breaking News from Barrett

Counting to Five for the Government In The Tariffs Case

I was in the Court, and I have a different take on the case.

Reason

What I Expect from the Court's Upcoming Term

Why I'm (mildly) optimistic about the Court's confrontation with presidential power

Reason

Six Things I Learned From Jodi Kantor's Latest Article

The Court installed timers to keep track of how long each Justice speaks for!

Reason

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I Think I Know Why SCOTUS Does Not Grant Fourth Amendment Cases Anymore

Search and seizure cases are very fact bound. The Court wants to set general standards.

Reason

The Asymmetry on Standing for Liberals and Conservatives

Justice Kagan acknowledged an unspoken truth in standing law: it is easier for blue litigants to have standing than for red litigants.

Reason

Still the Stare Decisis Court (At Least For Now)

Even with a six-justice conservative majority, the Roberts Court has not (yet) increased the rate at which it overturns precedents.

Reason

Boerne, RFRA, and the VRA

Several justices seem ready to import the congruence and proportionality test to the 15th Amendment.

Reason

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Even With A Skewed Sample, The New York Times Survey Of Federal Judges Reveals A Brewing Judicial Crisis

And once again, you know who is to blame.

Reason

The Law No Longer Listens To Justice Kennedy

Justice Kennedy's new book reminds me how grateful I am the law no longer listens to him.

Reason

Why Can't The Court Schedule Emergency Docket Conferences?

Justice Kagan peels back the curtain on the Court's failure to schedule conferences for emergency cases.

Reason

Some Things We Learn From Justice Barrett's New Book

Chapter 4 on "Deciding a case" offers some insights that we didn't know, or at least didn't know for certain.

Reason

Would Jimmy Kimmel Have Standing To Bring a Jawboning Claim Under Murthy?

Whatever standing rule applies to the red team should apply to the blue team.

Reason

Police honour slain officers as manhunt continues

Hundreds of riders have hit the road to honour three slain police officers, setting out on a motorcycle ride to raise money for families of the fallen.

AAP

Justice Kavanaugh Continues To Be The Only Justice To Explain Emergency Docket Orders

And Justice Kavanaugh has come a long way since using the term "noncitizen" instead of "illegal alien."

Reason

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Reason

Does A Supreme Court Justice Have To Move To The Swamp And "Burn The Boats"?

I've long thought it would be positive if Justices maintained their primary residences outside of D.C.

Reason

Who Was The Fourth Vote For Cert In Chiles v. Salazar?

In December 2023, only three Justices would have granted in Tingley v. Ferguson, which presented the same issue.

Reason

N.C. Trial Court Rejects First Amendment Defense to "Addictive Design" Claim Against Tiktok

From State ex rel. Jackson v. TikTok Inc., decided Tuesday by Judge Adam Conrad; I'm skeptical about the analysis, for… The post N.C. Trial Court Rejects First Amendment Defense to "Addictive Design" Claim Against Tiktok appeared first on Reason.com.

Clever Dude

Court Releases Fall Docket: What High-Profile Cases Will SCOTUS Tackle?

You won’t want to glance away—Supreme Court fall docket has just dropped, and it’s brimming with cases that could shape the future of civil rights, criminal justice, and government power. From courtroom culture wars to hard-hitting constitutional questions, the lineup for the upcoming term packs both intrigue and impact. Whether…

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Reason

Justice Kavanaugh "Definitely Pay[s] Attention" To the Press

I am still incredulous that Justice Barrett does not read coverage about herself.

Reason

Justice Kagan Doth Protest Too Much About The Emergency Docket

Justices Kagan, Sotomayor, and Jackson could have joined Justice Kavanaugh to grant cert in the CPSC case, but they didn't.

Reason

The Three Real Questions That Come After Overruling Employment Division v. Smith

What is a "religion"? When is a religious belief "sincere"? When is a burden on religion "substantial"?

Reason

Congratulations To Kirill Muzyka, Chief Justice of FantasySCOTUS for OT 2024

The October 2024 Term of FantasySCOTUS finally came to a close. On the whole, this term was a less predictable… The post Congratulations To Kirill Muzyka, Chief Justice of FantasySCOTUS for OT 2024 appeared first on Reason.com.

Reason

Justice Kavanaugh's CASA Concurrence Moves Away From Abstractions About The Shadow Docket To Focus On The "Interim Before The Interim"

The Supreme Court may not have to intervene for "run-of-the mill cases" but will intervene for "major new federal statutes or executive actions."

Reason

The Supreme Court Is Supreme, And The Inferior Courts Are Inferior

Mi CASA no es su CASA

Reason

Bruen and CASA: Analogical Originalism

Yet, neither the majority nor the dissent cited Bruen

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