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The Latest Breaking News from Kavanaugh

What Matters On The Shadow Docket? The Merits or the Equities?

Justice Kavanaugh thought NetChoice would win on the merits, but "the balance of harms and equities" did not favor allowing the injunction to go into effect.

Reason

President Trump Will Nominate Rebecca Taibleson to the Wisconsin Seat in the Seventh Circuit

President Trump has nominated Rebecca Taibleson for the Seventh Circuit seat in Wisconsin that was previously held by Judge Diane… The post President Trump Will Nominate Rebecca Taibleson to the Wisconsin Seat in the Seventh Circuit appeared first on Reason.com.

Reason

Justice Kavanaugh "Definitely Pay[s] Attention" To the Press

I am still incredulous that Justice Barrett does not read coverage about herself.

Reason

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Justice Kagan Doth Protest Too Much About The Emergency Docket

Justices Kagan, Sotomayor, and Jackson could have joined Justice Kavanaugh to grant cert in the CPSC case, but they didn't.

Reason

SCOTUS Stays Injunction Against Removal of CPSC Commissioners

Further indication that independent agencies will not be "independent" much longer.

Reason

The Three Real Questions That Come After Overruling Employment Division v. Smith

What is a "religion"? When is a religious belief "sincere"? When is a burden on religion "substantial"?

Reason

Professor Barrett Was At Home In CASA

After the Supreme Court decided Trump v. CASA, the Wall Street Journal editorial page took a victory lap. The editors, who… The post Professor Barrett Was At Home In CASA appeared first on Reason.com.

Reason

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Justice Kavanaugh's CASA Concurrence Moves Away From Abstractions About The Shadow Docket To Focus On The "Interim Before The Interim"

The Supreme Court may not have to intervene for "run-of-the mill cases" but will intervene for "major new federal statutes or executive actions."

Reason

Federal Courts May Be Able To Receive Filings 24/7, But There Is No Expectation To Review Unanticipated Filings Overnight

If the Supreme Court wants to rebuke lower courts for not acting promptly enough, the Justices should police their own conduct.

Reason

The Supreme Court Is Supreme, And The Inferior Courts Are Inferior

Mi CASA no es su CASA

Reason

SCOTUS Bends The Law In Yet Another Obamacare Case

Kennedy v. Braidwood Management, Inc. follows in the ignoble tradition of NFIB, King, and California.

Reason

Braidwood Distinguishes Between "Officers of the United States" And "Employees"

"Officers of the United States" can exercise "significant authority," but employees cannot.

Reason

Have The Gundy and Fulton Moments Passed?

The intelligible principle test and Employment Division v. Smith are likely safe from Justices Kavanaugh and Barrett.

Reason

Justice Kavanaugh Lays Out His Roadmap In FCC v. Consumers' Research

Justice Kavanaugh parts ways with Justice Gorsuch on the non-delegation doctrine, but charts two paths for independent agencies.

Reason

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"A Question of Remedy, not Redressability"

The DC district court issues an important decision in RAICES v Noem - the first in the new post-CASA legal universe

Reason

Federal Courts May Not Be Denny's, But They Are Open 24/7/365

Justice Kavanaugh's Trump v. CASA concurrence appears to reply to Judge Ho.

Reason

The Court Might Favor Standing For Business Interests, But Blue States Beat Red States

Justices Jackson and Kavanaugh both miss the obvious distinction.

Reason

Predictions For The Remaining 15 Cases

Barring any surprises, I do not expect any surprises.

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Reason

What Have We Learned about Justice Barrett? (Updated)

Perceptions of Amy Coney Barrett may have changed more than her jurisprudence or voting record.

Reason

See, I Told You So About Justice Barrett

Justice Barrett compares the Constitution to Odysseus. But I feel like Cassandra.

Reason

Second Amendment Roundup: Cert denied in rifle and magazine ban cases.

Justice Kavanaugh: “this Court should and presumably will address the AR–15 issue soon.”

Reason

Justice Kavanaugh to Second Amendment: We're Really Busy Now, Come Back In A Year Or Two

"Additional petitions for certiorari will likely be before this Court shortly and, in my view, this Court should and presumably will address the AR–15 issue soon, in the next Term or two."

Reason

"The Central Principle of Judicial Review in NEPA Cases Is Deference"

Some additional thoughts on today's Supreme Court decision in Seven County Infrastructure Coalition.

Reason

Supreme Court Narrows Scope of NEPA Review

Environmental Impact Statements do not have to consider upstream and downstream effects.

Reason

Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act

A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.

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