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The Latest Breaking News from Gorsuch

The Supreme Court heard oral argument in Louisiana v. Callais back on October 15. At the time, there was a… The post Rumblings About Callais appeared first on Reason.com.

Reason

Can The President Provide Notice on Truth Social?

Justice Jackson doubts whether Trump's social media post could have put Lisa Cook on notice that she would be removed.

Reason

Wolford Teases Out The Relationship Between The First and Second Amendments

The Chief Justice, of all people, compares carrying firearms on private property to a pamphleteer knocking on a door.

Reason

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The Perversity of Citing The Black Codes To Defend Gun-Control Laws

Neal Katyal and Justice Jackson were placed in the uncomfortable spot of having to explain why racist legislation to disarm the freedman was actually relevant.

Reason

Justice Thomas, Joined by Justice Gorsuch, Argue for Broader Scope of Constitutional Ban on Ex Post Facto Laws

Brief excerpts from today's concurrence in Ellingburg v. U.S., though the whole opinion is worth a read: I join the… The post Justice Thomas, Joined by Justice Gorsuch, Argue for Broader Scope of Constitutional Ban on Ex Post Facto Laws appeared first on Reason.com.

Reason

Three Flawed Opinions In Bost v. Illinois State Board of Elections

The majority and dissent’s understanding of standing turned on their visions of democracy. The concurrence does not fare much better.

Reason

Hecox May Still Hide In Justice Kennedy's Shadow

There is nothing originalist about Footnote Four, animus, and suspect classes. Let it go already.

Reason

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Can You Waive A Substantive Canon?

Justice Gorsuch suggested that the West Virginia did not raise the clear statement rule, Justice Sotomayor countered that a substantive canon cannot be waived.

Reason

Justice Sotomayor Authors First Opinion of Supreme Court's October 2025 Term

Contrary to widespread speculation, the Court's first opinion of an argued case concerned neither Trump's tariffs nor voting rights.

Reason

Revisiting A.A.R.P. v. Trump In Light Of United States v. Maduro

The United States military is like a Denny's.

Reason

Firings, and Tariffs, and Trump, Oh My!

Justices Barrett and Kavanaugh are still chewing over Justice Gorsuch's questions from the tariffs case.

Reason

Trump v. Slaughter was Trump v. United States Redux

But what does "conclusive and preclusive" actually mean?

Reason

The Lower Court Revolt Continues in Boston

Judge Brian Murphy will likely be reversed by SCOTUS a third time in the same case.

Reason

Legislative Vetoes for Independent Agencies

Congress tried to claw back the FTC's powers in 1980 through a legislative veto, but Chadha rendered that "bargain" unconstitutional.

Reason

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Journal of Free Speech Law: "The Moving Goalposts of Public-Employee Speech: Kennedy v. Bremerton School District and Demonstrative Prayer," by Jared M. Hirschfield

This new article [UPDATE: link fixed] is here. The Introduction: Over the past decade, the Roberts Court has sought to… The post Journal of Free Speech Law: "The Moving Goalposts of Public-Employee Speech: Kennedy v. Bremerton School District and Demonstrative Prayer," by Jared M. Hirschfield appeared first on Reason.com.

Reason

After Nearly One Year, SCOTUS Denies Cert In Vehicle To Overrule Kagama

The Court rescheduled the case seventeen times and relisted it four times.

Reason

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 Tariff Case and Veto Overrides

It always takes a veto-proof majority to claw back the President's powers.

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Reason

Counting to Five for the Government In The Tariffs Case

I was in the Court, and I have a different take on the case.

Reason

I Think I Know Why SCOTUS Does Not Grant Fourth Amendment Cases Anymore

Search and seizure cases are very fact bound. The Court wants to set general standards.

Reason

"The Article III of the Deal" by Paul Clement

In Bost, Paul Clement engaged in negotiations with the Justices about the proper standing rule.

Reason

Justice Gorsuch Argues that the Seventh Amendment Should Apply to the States

From today's opinion by Justice Gorsuch respecting the denial of certiorari in Thomas v. Humboldt County: In Minneapolis & St.… The post Justice Gorsuch Argues that the Seventh Amendment Should Apply to the States appeared first on Reason.com.

Reason

What Do We Make Of The Boston Federal Judge Who Apologized For Not Knowing Emergency Docket Orders Are Precedential?

Judges who are unfamiliar with the workings of the emergency docket should be more cautious in granting emergency relief against the federal government.

Reason

What are the Precedential Values of Wilcox and Boyle?

Judge Rao explains how to read emergency docket orders on stay applications.

Reason

Who Was The Fourth Vote For Cert In Chiles v. Salazar?

In December 2023, only three Justices would have granted in Tingley v. Ferguson, which presented the same issue.

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