The Latest Breaking News from Kavanaugh

In two consecutive orders, the Court signals that progressive litigants forum shopped to the wrong courts.

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…

But Justice Thomas is still the only Justice who (correctly) concludes that Haywood v. Drown (2009) was incorrectly decided.

On Friday afternoon, the Supreme Court granted certiorari in Oklahoma Oklahoma Statewide Charter School Board v. Drummond, and the companion case, St.… The post Further Thoughts on Justice Barrett's Recusal in Oklahoma Statewide Charter School Board v. Drummond appeared first on Reason.com.

Chief Justice Roberts issues the presidential oath to President Trump, and Justice Kavanaugh issues the oath to Vice President Vance.

I'm not sure why Justice Kavanaugh entered after the Chief Justice. There was some seniority mixup. The perfect caption for… The post The Supreme Court Justices Enter The Presidential Inauguration appeared first on Reason.com.

What do conservatives owe Justice Barrett's supporters?

[I am serializing my short Harvard Law Review Forum essay titled "Free Speech and Private Power", responding to the Harvard Law Review's publication… The post Free Speech and Private Power: Function-by-Function Analysis and Permissible Nondiscrimination Rules appeared first on Reason.com.

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