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The Latest Breaking News from Brackeen

Doctrine of Federal "Plenary Power" over "Internal Affairs of Native American Tribes" "Should Make This Court Blush"

From today's opinion dissenting from denial of certiorari in Veneno v. U.S. by Justice Gorsuch, joined by Justice Thomas: Petitioner… The post Doctrine of Federal "Plenary Power" over "Internal Affairs of Native American Tribes" "Should Make This Court Blush" appeared first on Reason.com.

Reason

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

Mi CASA no es su CASA

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.

Reason

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Jarkesy Should Not Have Been So Easy For Justice Barrett

There are tensions between Jarkesy, CFPB, and Vidal.

Reason

CFPB v. CFSAA: Originalists v. Traditionalists

The Court's originalists and traditionalists break out into their camps.

Reason

Does the Supreme Court Strategically Time The Handdown Of Decisions?

Are the biggest cases staggered in June to take advantage of newscycles?

Reason

Professor Barrett Offers A "Theory For Rationalizing" The Major Questions Doctrine

Does she look before she leaps, or does she simply favor judicial restraint?

Reason

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The "Look Before You Leap" Principle

and other matters from the latest episode of Divided Argument

Reason

"Brackeen's Third Sovereign"

I much appreciated the guest-post by Prof. Lorianne Updike Toler (Northern Illinois) on Brackeen back in November, based on her recent University of Chicago Law Review article, The Missing Indian Affairs Clause; now that Brackeen has been handed down, I thought I'd pass along this follow-up: Halaand v. Brackeen, which…

Reason

The Kavanaugh Concurrence When He Swings Left

I'm holding my breath on his predictions in Allen and Brackeen.

Reason

A Tale of Two Originalists

Justice Gorsuch v. Justice Thomas in Brackeen.

Reason

From Windsor to Brackeen

Scalia was right: "The only thing that will 'confine' the Court's holding is its sense of what it can get away with."

Reason

Professor Barrett Flunks Brackeen's Lawyers

Justice Thomas would place the burden on the government, and follow a presumption of liberty.

Reason

Congratulations to Randy Barnett and Sam Bray, on Their S. Ct. Cites

Randy Barnett's The Original Meaning of the Commerce Clause was cited on Thursday by Justice Thomas's dissent in Haaland v. Brackeen and on May 25 in Justice Thomas's concurrence in Sackett v. EPA, and Sam Bray's "Necessary and Proper" and "Cruel and Unusual": Hendiadys in the Constitution was cited on…

Reason

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Reason

Download Edited Version Of Haaland v. Brackeen From Barnett/Blackman Supplement

133 pages down to 30 pages.

Tribune News Service

Noah Feldman: Supreme Court was sensibly conservative on tribal rights

Justice Amy Coney Barrett’s majority opinion for the Supreme Court in Haaland v. Brackeen is conservative in the good, old-fashioned sense of the word. In upholding the Indian Child Welfare Act, the court reaffirmed precedent and declined an invitation to revolutionize the law with a reactionary constitutional holding. Along the…

Reason

"What's Missing in the Brackeen Argument: An Indian Affairs Clause"

I was chatting with Prof. Lorianne Updike Toler (Northern Illinois), and she mentioned some thoughts of hers on this subject, based on her recent University of Chicago Law Review article, The Missing Indian Affairs Clause. I encouraged her to write up a blog post, and she kindly passed along the…

Ballotpedia

Split-ticket voting for U.S. Senate and governor

Welcome to the Monday, November 14, Brew.

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Ballotpedia

Robe & Gavel November 7, 2022: Federal Judicial Vacancy Count released for Nov. 1

Welcome to the Nov. 7 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

Ballotpedia

The average reading level needed to digest statewide ballot measures

Welcome to the Monday, October 24, Brew.

Ballotpedia

Robe & Gavel: Federal Judicial Vacancy Count released for Aug. 1

Welcome to the Aug. 8 edition of Robe & Gavel, Ballotpedia’s newsletter about the Supreme Court of the United States (SCOTUS) and other judicial happenings around the U.S.

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