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The Latest Breaking News from Kavanaugh

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.

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

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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

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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.

Reason

The Latest: Supreme Court hears arguments in case over Trump’s birthright citizenship order

The Supreme Court is hearing its first set of Trump-related arguments in the second Trump presidency

The Independent UK

SCOTUS Permits Discharge In COVID and Transgender Cases

Comparing Navy Seals and Shilling.

Reason

A Tale Of Two Shadow Dockets

The Supreme Court moves heaven and earth to block removal of alleged gang members who are almost certainly removable, but says nothing about Ohio initiative process being declared unconstitutional.

Reason

Twice, SCOTUS Finds Coastal Courts Improperly Exercised Venue

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

Reason

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 For A Long Time

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…

Reason

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Reason

Neutral Principles for the Emergency Docket

The lower courts, which are issuing unappealing rulings, are inverting the Article III hierarchy. This Inferior Court Supremacy cannot stand.

Reason

D.C. U.S. Attorney Drops Probe Over Sen. Schumer's 2020 Statements About Gorsuch and Kavanaugh

That's the correct decision, though I don't think there should even have been a question about it.

Reason

There is Some Drama Brewing In San Francisco v. EPA

Today the Court decided one case, San Francisco v. EPA. As I predicted, the majority opinion was assigned to Justice Alito.… The post There is Some Drama Brewing In San Francisco v. EPA appeared first on Reason.com.

Reason

SCOTUS Takes A Holiday From The Separation of Powers On The Hampton Dellinger Jitney

Apart from the Appointments Clause, I think we are standing at the precipice of federal courts revolution.

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Reason

The Federal Supremacists Write a Ticket Good for One Ride in Williams v. Reed

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

Reason

Further Thoughts on Justice Barrett's Recusal in Oklahoma Statewide Charter School Board v. Drummond

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.

Reason

The Oaths

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

Reason

The Supreme Court Justices Enter The Presidential Inauguration

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.

Reason

USA Today: "Liberals owe Justice Barrett an apology"

What do conservatives owe Justice Barrett's supporters?

Reason

Free Speech and Private Power: Function-by-Function Analysis and Permissible Nondiscrimination Rules

[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.

Reason

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.

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