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The Latest Breaking News from Gorsuch

How Did Justice Gorsuch Lose A Majority In National Pork Producers?

Thomas assigned the majority to Justice Gorsuch, but he couldn't hold five all the way.

Reason

The Territoriality Principle Without a Clause

A brief comment on National Pork Producers v. Ross

Reason

SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)

The Supreme Court issues five merits opinions, but there are still forty more waiting.

Reason

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Chevron Matters — But Not as Much as You Might Think

Overruling Chevron won't gut the administrative state or even severely constrain it. But it could help strengthen the rule of law.

Reason

The New York Times Uncovered The Worst-Kept Secret In Academia

Summer study-abroad programs are cushy vacations for students and boondoggles to attract elite faculty.

Reason

Oral Argument Indicates Property Rights Likely to Prevail in Supreme Court Home Equity Theft Takings Case

The decision may even be unanimous.

Reason

Some Levity On A Technical Oral Argument Day

Today, the Harlan Institute and Ashbrook hosted the championship round for our virtual Supreme Court competition. Every year, we fly the top two teams and their coaches, to Washington, D.C. These high schoolers had a jam packed day. In the morning, we attended oral argument at the Supreme Court. For…

Reason

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Can the Supreme Court "Develop and Apply Customary International Law"?

Justice Gorsuch raises the question that the majority elides.

Reason

Unanimous Supreme Court Affirms Right to Challenge Federal Agencies in Federal Court

Those claiming they are subject to unconstitutional agency proceedings need not suffer through agency proceedings before bringing their claims to federal court.

Reason

Do Court-Appointed Prosecutors Violate The Separation of Powers?

Justices Gorsuch and Kavanaugh argue they do, in defense of--checks notes--Steven Donziger.

Reason

Ending the Epicycles of the Establishment Clause

Like abortion, separationism has distorted standing doctrine.

Reason

Making Sense Of The Votes In Bittner v. United States

Why did Justices Kagan and Sotomayor, but not Justice Jackson, join Justice Barrett's dissent?

Reason

Why Big Tech will lose its Supreme Court case on section 230

I only count two votes to ratify Big Tech's sweeping immunity claims

Reason

Justice Kagan Double-Helixes Justices Gorsuch and Kavanaugh

Kagan: "Kavanaugh, J. (recognizing that the argument may be forfeited, but opining on it anyway)."

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Has Justice Barrett Replaced Justice Ginsburg as the Court's Quickest Opinion Writer?

Justice Barrett has produced two majority opinions before most of her colleagues have produced one.

Reason

Will Chief Justice Roberts Respond To Senator Wyden's Attack On Judge Kacsmaryk?

In March 2020, Senator Charles Schumer stood outside the Supreme Court and assailed the two newest members: "I want to tell you, Gorsuch. I want to tell you, Kavanaugh. You have released the whirlwind, and you will pay the price. You won't know what hit you if you go forward…

Reason

Why Does Justice Kavanaugh Write Concurrences?

And if only we could gaze upon his book of never-published opinions.

Reason

Justice Gorsuch's Dissent from Denial of Review in an Excessive Fines Clause Case

Here's his opinion from today's Toth v. U.S.: In the 1930s, Monica Toth's father fled his home in Germany to escape the swell of violent antisemitism. Eventually, he found his way to South America, where he made a new life with his young family and went on to enjoy a…

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Justice Gorsuch on Title 42: "Even if the [APA] has taken a holiday during this pandemic, it cannot become a sabbatical."

With good reason, Justices Sotomayor and Kagan do not join Maskless Neil's dissent.

Reason

Predicting a Fragmented Vote in United States v. Texas

I don't think there will be a five vote bloc on standing or the remedy.

Reason

Some Thoughts on Elite-Law-School Bias in Clerkship Hiring

Does the bias exist? Is it a good thing? What does it mean for law students at lower-ranked schools? What does mean about me?

Reason

Supreme Court Turns Down Opportunity to Reconsider Three More Precedents

Justices Thomas and Gorsuch have a much greater appetite for reconsidering prior precedent than the other justices do.

Reason

Seven Reschedules, Four Relists, Zero Joins for Justice Gorsuch's Chevron Dissental

Justice Gorsuch is still at Step 0 of overruling Chevron.

Reason

Justice Gorsuch Argues the Jury Trial Clause Requires 12-Person Juries in Serious Criminal Cases

From Justice Gorsuch's dissent from denial of certiorari in Khorrami v. Arizona: The State of Arizona convicted Ramin Khorrami of serious crimes before an 8-member jury. On appeal, Mr. Khorrami sought a new trial, arguing that the Sixth and Fourteenth Amendments of the U. S. Constitution guarantee individuals like him…

Reason

The Increasingly Dangerous Variants of the "Most-Favored-Nation" Theory of Religious Liberty, Part V: The Abuse of Strict Scrutiny

I will conclude this series of posts by considering the variants of MFN that affect the way strict scrutiny is applied. MFN-6, ubiquitous in the Covid cases, makes strict scrutiny impossible to satisfy, by treating as equivalents regulated actions that are radically different in their effects on the pertinent state…

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