The Latest Breaking News from Gorsuch

In Oklahoma v. Castro-Huerta, the majority and dissent vigorously disagreed about the scope and meaning of federal Indian law. In particular, Justices Kavanaugh and Gorsuch contested how certain precedents, construed over the course of two centuries, should be read. Indeed, the majority and dissent bickered about what those cases actually…

I've now finished reading Oklahoma v. Castro-Huerta. I'll say this much: I found Justice Gorsuch's dissent here far more persuasive than I found his majority opinion in McGirt. Yet, if McGirt had come out the other way, there probably would have been no need for the Court to decide Castro-Huerta.…

One of my least favorite words in legal discourse is "interesting." Sometimes it is a useful way to describe something of interest, but far too often it is a passive aggressive way of criticizing something. "Oh well that is very interesting." After reading West Virginia v. EPA, I will add…

The one President everyone agrees should be cancelled.

Kennedy tells people to get over prayer in public unless there is direct coercion.

There were no Establishment Clause claims present, and Kennedy did not ask the Court to reverse Lemon.

In Carson v. Makin, the Chief Justice stealthily eliminated the status/use distinction.

Chief Justice Roberts final opinion of the term rejects the statutory challenge to the Biden Administration's rescission of the "Remain in Mexico" policy.

Justice Gorsuch stabs the final pencil into the Lemon Test.