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The Latest Breaking News from Breyer

Bruen, Originalism, and Post-Enactment Practice

What role should liquidation play in originalism?

Reason

Justice Kavanaugh on the Right to Travel to Get an Abortion

This is a tremendously important question, as Ilya's and my posts noted in May. Justice Kavanaugh's concurrence in Dobbs today expressly noted: [A]s I see it, some of the other abortion-related legal questions raised by today's decision are not especially difficult as a constitutional matter. For example, may a State…

Reason

Exclusion of Religious Schooling from Generally Available School Choice Programs Generally Unconstitutional,

except for the training of the clergy, holds the Supreme Court.

Reason

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Barrett v. Gorsuch -- Continued

Justice Gorsuch has dissented from two-thirds of Justice Barrett's majority opinions this term.

Reason

Conjunction Disjunction in the Dobbs Draft

Does the Glucksberg test require a right to be "fundamental" and "deeply rooted" or "fundamental" or "deeply rooted"?

Reason

Whodunit?

And why that is, at this point, an important question - maybe the only important question - emerging from the recent Dobbs leak

Reason

Justice Alito Identifies The Problems With Justice Breyer's "Factorized" Jurisprudence

"And like any factorized analysis, this approach cannot provide a principled way of deciding cases."

Reason

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Justice Breyer Takes a Flood v. Kuhn-Esque Detour On Boston Architecture

"Built in the late 1960s, Boston City Hall is a raw concrete structure, an example of the brutalist style."

Reason

Supreme Court on What Counts as a Content-Based Speech Restriction

Today's decision in City of Austin v. Reagan National Advertising makes this test somewhat fuzzier.

Reason

"A Social Media Platform May Not Intentionally Fact Check" a User's "Religious or Political Speech"

That's what Alaska bill SB 214, sponsored by state senators Lora Reinbold and Mia Costello would do in part. I think some restrictions on platforms' deleting posts might be constitutional (see my Social Media Platforms as Common Carriers? article, or these posts excerpted from that article): To quote Justice Breyer…

Reason

SCOTUS Allows State Attorney General to Intervene when Governor Stops Defending State Law

As Justice Breyer suggested last week, Kentucky Attorney General Daniel Cameron will be allowed to defend the state's controversial abortion law.

Reason

Supreme Court Digs into Statutory Details More than Standing or Nondelegation in West Virginia v. EPA

At today's oral argument, the justices explored Section 111 of the Clean Air Act, the major questions doctrine, justiciability and the regulation of advertising for four-foot cigars smoked through hookahs.

Reason

Will Justice Ketanji Brown Jackson Push The Supreme Court To The Right?

Justice Breyer was adept at getting the Chief Justice to moderate. What about Justice Jackson?

Reason

What Kind of Justice Should President Biden Pick? A Breyer? A Sotomayor? A Kagan? Or A Scalia?

It isn't obvious which way the President should go here.

Reason

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Reason

President Biden Invites Justice Breyer To Stay In The Lincoln Bedroom

Breyer is not retired, yet.

The Conversation

The moderate, pragmatic legacy of Stephen Breyer

Stephen Breyer will leave a legacy that reflects the Supreme Court he joined nearly three decades ago – less fractious and less partisan than the bench he is reportedly set to leave at the end of the current term.

Reason

Breaking: NBC News Reports Justice Breyer Will Retire

The confirmation hearing will likely be held as the Supreme Court term is drawing to a close.

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