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The Latest Breaking News from Barrett

I appreciate the replies from Orin, Will, and Sam. We have very different conceptions on what role a scholar should play and what role a judge should play. My writings in this area are both retrospective and prospective. I look backwards to see what qualifications a judge had at the…

Reason

The Behind the Scenes Wrangling in the Idaho Abortion Case

Joan Biskupic reports that the justices were initially inclined to back Idaho in the EMTALA case, until they realized the case was messier than they had thought.

Reason

"I could carve a judge with more backbone out of a banana"

What stuff are the Court's middle three Justices made of?

Reason

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Making Sense of Justice Barrett's NetChoice Concurrence

I don't get the random questions Justice Barrett raises, and I'm not sure why she didn't mention her reservations in Hansen..

Reason

Making Sense of the Moody Opinions In NetChoice

I think it is clear that Justice Alito lost the majority, but the resulting schizophrenic opinions still do not cohere.

Reason

The Supreme Court Refuses To Extend Robinson v. California, A Non-Originalist Decision

Even if an erroneous precedent cannot be overruled, isolate the damage, and decline to extend it to new circumstances.

Reason

Revisiting the Mueller Report in Light of Trump v. United States

Chief Justice Roberts's majority decision in Trump v. United States undermines key aspects of Mueller's framework.

Reason

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What Exactly Did Justice Barrett Agree With Chief Justice Roberts On About Presidential Immunity?

We know that she didn't agree on the evidentiary issue. Beyond that, the disjunction is unclear.

Reason

Presidential Immunity As a Question of Executive Power

There is no textual basis for "immunity" as such, but there are structural reasons why some degree of insulation is inevitable.

Reason

Did Justice Alito Lose The Majority Opinions In Trevino and NetChoice?

Alito had only four majority opinions this term, while Roberts, Thomas, Sotomayor, and Kagan all had seven.

Reason

US supreme court decisions: the biggest cases this term and their outcomes

The court has wrapped up its term, issuing a string of blockbuster decisions with the conservative supermajority in the driver’s seat

The Guardian - US

S. Ct. Recognizes Platforms' Right to Choose What Appears in "Curated Feeds," Doesn't Resolve Other Content Moderation Questions

In today's Moody v. Netchoice, LLC, the Supreme Court sent back to lower courts the cases considering whether (and when) the Florida and Texas limits on social media content moderation are constitutional. The decision was complicated and limited, so here's a general summary. [1.] Remember that the lawyer's true superpower…

Reason

Four Justices in Netchoice Flag Question Whether First Amendment Protects AI-Curated Materials

From Justice Barrett's concurrence in today's Moody v. Netchoice, LLC: Consider, for instance, how platforms use algorithms to prioritize and remove content on their feeds. Assume that human beings decide to remove posts promoting a particular political candidate or advocating some position on a public-health issue. If they create an…

Reason

Justice Barrett's Netchoice Concurrence Raises Questions Relevant to TikTok Case

From her opinion in Moody v. Netchoice, LLC: Corporations, which are composed of human beings with First Amendment rights, possess First Amendment rights themselves. But foreign persons and corporations located abroad do not. Agency for Int'l Development v. Alliance for Open Society Int'l, Inc. [II] (2020)…. What if the platform's…

Reason

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Chief Justice Roberts's Opinions Are Best Read Once

But after a second, a third, and a fourth read, all of the fancy veneers and window dressing start to come off.

Reason

The Stare Decisis Analyses in Dobbs and Loper Bright.

Ending the Epicycles of Chevron.

Reason

John Roberts and the Professoriate (Updated)

He really doesn't care what we think.

Reason

John Roberts: Federalist Revisionist and Judicial Supremacist

The Chief Justice retconned Federalist Nos. 37 and 78.

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COVID-19 and January 6 in the Rear-View Mirror

There are certain geopolitical events that are generation-defining. In my lifetime, I think they would be the fall of the Soviet Union, 9/11, the election of President Obama, the election of President Trump, the COVID-19 pandemic, and January 6. For earlier generations, they would have been Watergate, the moon landing,…

Reason

What Is The Standard For A Stay? Moyle v. U.S. or Ohio v. EPA?

Like a good neighbor, State Farm is there.

Reason

Final Predictions For the Final 3 Cases

Monday, Monday, Monday! Trump, NetChoice, Corner Post!

Reason

Why Does (It At Least Appear That) Justice Barrett Applies "New," "Heightened," and "Elevated" Standing Rules?

Justice Barrett adamantly resists the suggestion that she keeps leveling up the burden on plaintiffs, but it is becoming more difficult to deny.

Reason

SCOTUS Stays Enforcement of EPA's "Good Neighbor" Air Pollution Rule (Updated)

In a 5-4 decision, the male justices side with the state and industry challengers and the female justices side with the Environmental Protection Agency

Reason

Predictions For The Final 6 Cases

Chevron, Netchoice, Trump, Grant's Pass, Fischer, and Corner Post.

Reason

KBJ DGAF

Unlike Justices Sotomayor and Kagan, Justice Jackson has no problems criticizing Justice Barrett.

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