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The Latest Breaking News from Gorsuch

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.

Reason

TikTok Took a Beating at the Supreme Court

Justice Neil Gorsuch criticized "the government's attempt to lodge secret evidence in this case." Still, things look grim for the app.

Reason

The Court Splits 5-4 on Docket Number 666

Chief Justice Roberts and Justice Barrett rule against Trump (again).

Reason

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Justices Thomas, Alito, Gorsuch, and Kavanaugh Are Active on the Cert Docket

Justice Barrett remains the most gun-shy Justice.

Reason

The Sound of Silence in Skrmetti

Hushed whispers and heads nodding.

Reason

Kagan's Play in Skrmetti: Find that the Tennessee Law Imposes a Valid "Quasi-Suspect" Classification on Transgender People under Cleburne

And Justice Kagan will try to persuade Justices Gorsuch and Barrett to concur in the judgment, creating a 4-3-2 split.

Reason

More Leaks in the NY Times About The "Supreme Court Ethics Debate"

Jodi Kantor reports on a confidential ten-page memo from Justices Gorsuch, and comments from Justices Thomas and Alito.

Reason

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Must Government Pay Compensation When It Damages Innocent Owner's Property in Police Action?

From Justice Sotomayor's opinion today respecting denial of certiorari in Baker v. City of McKinney, joined by Justice Gorsuch: The… The post Must Government Pay Compensation When It Damages Innocent Owner's Property in Police Action? appeared first on Reason.com.

Reason

Justice Gorsuch Wants To Hear More (Takings) Cases

Justice Gorsuch shows more interest in property rights challenges than his colleagues on the Court.

Reason

The Supreme Court After The 2024 Election

The more things change, the more things stay the same.

Reason

The WSJ Story About Future Trump Judicial Nominees

The Wall Street Journal published an article titled, "Trump Loyalists Push for a Combative Slate of New Judges." The first… The post The WSJ Story About Future Trump Judicial Nominees appeared first on Reason.com.

Reason

Business and the Roberts Court Revisited

An examination of how Donald Trump's appointments to the Supreme Court have affected business interests.

Reason

NY Times Big Reveals On Deliberations In Three Trump Cases

How did Roberts come to write Trump v. Anderson, Fischer v. United States, and Trump v. United States?

Reason

Severability on the Shadow Docket: SCOTUS Splits 5-4 On Whether Entirety of Title IX Regulations Must Be Enjoined

Justice Gorsuch joins the three dissenters on severability. What about Justices Thomas and Barrett?

Reason

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Turning The Corner Post On Vacatur

Also, Judges Kacsmaryk and Ho seem vindicated on the statute of limitations to challenge mifepristone.

Reason

Supreme Court Briefs Filed By Attorney General Kamala Harris

Knowing all that we know, I struggle to see how putting Harris in the White House would "save conservatism."

Reason

Justice Gorsuch Explains What Collegiality Means

Does it mean going to the opera together, or a willingness to be persuaded?

Reason

Some Highlights From Justice Gorsuch's WSJ Interview

Justice Gorsuch likes the new oral argument format and he writes his own opinions.

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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

Atlas Roofing Shrugged

Another Burger Court precedent is about to be “abandoned” or “overruled” like Roe, Lemon, Chevron, Abood, and Bakke.

Reason

I Get By With A Little Help From My Friends

Justice Gorsuch's majority opinion in Grants Pass leaned heavily on cert-stage and merit-stage amicus briefs from progressive jurisdictions.

Reason

Trump v. United States Recognizes That Prosecuting The President Poses More Risks Than Suing The President

Defenders of the Mueller investigation routinely argued that the threat of civil enforcement was worse than a federal prosecution.

Reason

On The Loper Bright Side For Immigration Lawyers

How will the Board of Immigration Appeals operate in a world without Chevron?

Reason

Justices Thomas and Gorsuch Argue Court Should Review Scope of 47 U.S.C. § 230 Immunity

But, at least in this case, this view didn't get the four votes necessary to grant review.

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.

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