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The Latest Breaking News from Gorsuch

I Stand By My Prediction: The Court Will Reargue the Case On The Merits And Duck The Procedural Issues

There are eight, and possibly nine votes against Trump on the merits. But the Court is far too fragmented on the injunction issue.

Reason

SCOTUS Permits Discharge In COVID and Transgender Cases

Comparing Navy Seals and Shilling.

Reason

Will Salerno Replace Chevron?

Salerno is "unique among these Chevron substitutes, in that the 'no set of circumstances' framework is far more favorable to the government than even Chevron ever was."

Reason

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VanDerStock is NetChoice Redux: A Sharply-Divided Court Threads The Needle With A "Facial Challenge" Analysis

The Court may have overruled Chevron, but it has just inadvertently created a far more powerful deference doctrine with Salerno, all in service of narrowly reversing the Fifth Circuit.

Reason

What VanDerStok Says about Agency Interpretations of Statutes

The Court's opinion upholding federal regulation of "ghost guns" makes passing reference to Loper Bright Enterprises.

Reason

Justice Alito Calls To Reconsider Justice Scalia's Proudest Accomplishment

Even Nino nods on the Confrontation Clause.

Reason

Justices Alito and Gorsuch Would Like to Reconsider Crawford

Two decisions respecting a denial of certiorari suggest the Court should reconstruct Confrontation Clause jurisprudence.

Reason

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Nearly Five Years Later, Justice Barrett's Memoir Has A Publication Date

"Listening to the Law: Reflections on the Court and Constitution"

Reason

Justice Gorsuch's Dissent in Death Penalty / Religious Objection Case

In Tuesday's Hoffman v. Westcott, the Court denied a stay of execution; Justices Sotomayor, Kagan, and Jackson would have granted… The post Justice Gorsuch's Dissent in Death Penalty / Religious Objection Case appeared first on Reason.com.

Reason

The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here For A Long Time

On Monday, I wrote about Mike Fragoso's defense of President Trump's decision to appoint Justice Barrett. Fragoso has now published… The post The Next Best Defense Of Justice Barrett: She May Disagree With Justice Thomas A Lot, But You Better Learn To Deal With It, Because She Will Be Here…

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

D.C. U.S. Attorney Drops Probe Over Sen. Schumer's 2020 Statements About Gorsuch and Kavanaugh

That's the correct decision, though I don't think there should even have been a question about it.

Reason

There is Some Drama Brewing In San Francisco v. EPA

Today the Court decided one case, San Francisco v. EPA. As I predicted, the majority opinion was assigned to Justice Alito.… The post There is Some Drama Brewing In San Francisco v. EPA appeared first on Reason.com.

Reason

Authorship Predictions for the October Sitting

It is never too early to make predictions!

Reason

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Justices Sotomayor and Gorsuch on the Fourth Amendment and Misdemeanor Arrests

"Founding-era common law gave officers no authority to make an 'arrest without a warrant, for a mere misdemeanor not committed in [their] presence.'"

Reason

Justice Gorsuch on the Right to Trial by Jury and Restitution

From Justice Gorsuch's dissent from denial of review today in Rimlawi v. U.S.: The Fifth Circuit held that a judge… The post Justice Gorsuch on the Right to Trial by Jury and Restitution appeared first on Reason.com.

Reason

SCOTUS Takes A Holiday From The Separation of Powers On The Hampton Dellinger Jitney

Apart from the Appointments Clause, I think we are standing at the precipice of federal courts revolution.

Reason

What Process Is Due Before Property Is Destroyed?

The Sixth Circuit finds a city failed to provide adequate process before demolishing a condemned mobile home.

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Reason

Three Notes on National Injunctions

Three notes on national injunctions. First, today the Court issued a stay of another universal injunction, this time in McHenry… The post Three Notes on National Injunctions appeared first on Reason.com.

Reason

Short Thoughts on Several Of President Trump's Executive Actions

I have now reviewed each of the new presidential actions signed by President Trump. Here, I will offer some short… The post Short Thoughts on Several Of President Trump's Executive Actions appeared first on Reason.com.

Reason

Biden Office of Legal Counsel Departs From Obama-Era opinions, and Reverts to Reagan-Era Opinions, on the Difference Between "Officer of the United States" and "Office under the United States."

We think OLC paid close attention to the Section 3 litigation, and did not want to be left defending a position that might be rejected by the Supreme Court

Reason

"Speaking with and in Favor of a Foreign Adversary Is One Thing. Allowing a Foreign Adversary to Spy on Americans Is Another"

From Justice Gorsuch's opinion concurring in the judgment (and thus agreeing with the majority's result without signing on to its… The post "Speaking with and in Favor of a Foreign Adversary Is One Thing. Allowing a Foreign Adversary to Spy on Americans Is Another" appeared first on Reason.com.

Reason

All The Things TikTok v. Garland Did Not Decide

CTRL-F the decision for "need not" and "assume"

Reason

USA Today: "Liberals owe Justice Barrett an apology"

What do conservatives owe Justice Barrett's supporters?

Reason

Was Justice Gorsuch thinking about Title IX in EMD Sales?

The FLSA case considers whether to apply the “preponderance of the evidence” standard or the “clear and convincing evidence” standard.

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