The Latest Breaking News from Barrett

If the government exercises a power it lacks for a long time, it can keep exercising that power. But if a government does not exercise a power it has, it loses that power.

Justices Gorsuch, Kavanaugh, and Barrett are fracturing over originalism.

In November, I wrote that the Fifth Circuit's Rahimi decision "was a faithful application of Bruen." Seven months later, now having read the Supreme Court's Rahimi decision, I stand by what I wrote. After Justice Thomas's dissent, the most intellectually honest opinion in Rahimi was Justice Jackson's concurrence. Jackson explained…

Chief Justice Roberts announced the Court's per curiam opinion in Gonzales v. Trevino.

Justice Barrett's majority clarifies Glucksberg, Mandel, Din, and Knauff, but Justice Sotomayor's dissent really wants to talk about Loving, Obergefell, and Dobbs.

On Friday the court revoked domestic abusers’ gun rights – fixing a horrific problem they themselves created

Justice Barrett once again places the burden on lawyers to make their case.

Note particularly Keith Whittington's Originalism: A Critical Introduction, which Justice Barrett cited several times. UPDATE: The Criminal Procedure treatise on which Orin Kerr is a coauthor was cited today by Justice Jackson in Erlinger v. U.S. I didn't read that case as closely, so I missed the cite; thanks to…

A few practical thoughts for future cases (all bold emphasis added): [1.] The Court solidly accepts (with only Justice Thomas dissenting) that "the Second Amendment permits the disarmament of individuals who pose a credible threat to the physical safety of others," at least after a judicial finding of such threat.…

The justices are rushing to close out the term before the end of June.

The underlying methodological debate might also bear on free speech disputes more broadly.