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The Latest Breaking News from Kavanaugh

The Standing Analysis in FDA v. Alliance for Hippocratic Medicine

The Court ducks the conscience theory of standing based on the government's new position, "abandons" Haven's Realty, and starts the deadpool for associational standing

Reason

Unanimous Supreme Court Finds No Standing to Challenge FDA Regulation of Mifepristone (UPDATED)

Not a single justice was impressed by the unimpressive standing theories offered in Alliance for Hippocratic Medicine v. FDA.

Reason

Supreme Court throws out challenge to key abortion pill mifepristone

Supreme Court rejected conservative group’s attempt to restrict access to abortion pill medication but left the door open for further lawsuits

The Independent UK

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Book Advances for the Justices in 2023

Gorsuch ($250,000), Kavanaugh ($340,000), Jackson ($893,750).

Reason

Supreme Court OT2023 at the End of May

The justices have been slow and quite agreeable -- so far.

Reason

SMU Law Review Symposium on Students for Fair Admissions

I was pleased to participate in an excellent symposium at the SMU Law Review on Students for Fair Admissions v. UNC. This journal made a strong effort to seek out diverse viewpoints. This is one of the more balanced symposium issues I've seen in years. Well done. Here is the…

Reason

30 Months After Only Three Justices Would Have Granted Cert in Roman Catholic Diocese of Albany, the New York Court of Appeals Holds Fulton Changed Nothing

Decisions from Justices Kavanaugh and Barrett continue to linger.

Reason

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CFPB v. CFSAA: Originalists v. Traditionalists

The Court's originalists and traditionalists break out into their camps.

Reason

Fringe Theory About Justice Alito

A neighborly spat elevated into a conspiracy-theory to disqualify Justice Alito.

Reason

Justice Thomas Raises Concerns About Increase in Expedited Appeals on "Shadow Docket"

Speaking at the Eleventh Circuit Judicial Conference, Justice Thomas echoes some of the concerns expressed by Justice Kavanaugh.

Reason

Justice Kavanaugh Speaks at the Fifth Circuit Judicial Conference

Today Justice Kavanaugh spoke at the Fifth Circuit Judicial Conference in Austin. I was pleased this session was open to the press, and saw several reporters in the room. The Washington Post has an early report. Chief Judge Richman interviewed Justice Kavanaugh. It was a very engaging exchange. I thought…

Reason

Justice Kavanaugh Tells Fifth Circuit that "Shadow Docket" Places Pressure on Supreme Court

Some interesting comments at the Fifth Circuit Judicial Conference

Reason

The Clear Statement Rule and the Major Question Doctrine As Substantive Separation of Powers Canons

The clear statement rule and the major question doctrine both function as substantive separation of powers canons in order to avoid deciding if federal actions are unconstitutional.

Reason

Presidential Bribery and the Clear Statement Rule in Trump v. United States: Revisiting Issues From The First Trump Impeachment and the Mueller Investigation

Questions from Chief Justice Roberts and Justices Kavanaugh and Gorsuch revisit unresolved issues from 2017-2020.

Reason

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Reason

Justice Kavanaugh's Concurrence in Labrador v. Poe

Justice Kavanaugh laid out a unifying theory for the Shadow Docket.

Reason

Justice Gorsuch's Concurrence in Labrador v. Poe

The walls are closing on universal, non-party injunctions against state laws.

Reason

Justice Kavanaugh Rejects The Substantive "Veterans Benefits" Canon

A careful textualist analysis that speaks more broadly to other substantive canons, including Chevron deference.

Reason

Is the Bell Tolling for Universal Injunctions?

Yesterday the Court stayed most of the district court's injunction in Labrador v. Poe, narrowing the injunction so that it protected only the plaintiffs from the enforcement of Idaho's statute restricting surgeries and other kinds of medical interventions for minors related to gender identity. Accompanying the Court's stay were three…

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Reason

Justice Barrett on the Takings Clause and the Police Power

"Though at times the two seem more like in-laws than soulmates."

The Guardian - US

Even the US supreme court was baffled by conservatives’ attack on abortion pills

The anti-choice case relies on outlandish legal leaps. And if they can’t win there, they’ll redouble efforts to win the White House

Reason

Supreme Court Shows Little Interest in Investigating Executive Power under the Antiquities Act

Yet another case that Justice Kavanaugh would like to hear that does not interest enough of his colleagues.

Reason

Do Judges Also "Berate" The Press?

On Monday, the Supreme Court heard oral argument in Murthy v. Missouri. Justices Kavanaugh and Kagan--who both worked in the White House--stated that it was fairly common for government officials to "berate" the press. Justice Kavanaugh observed that "experienced government press people throughout the federal government . . .. regularly…

Reason

The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket

The center of the Court wants to push back on temporary administrative stays and the Fifth Circuit.

Reason

Texas and Florida Want the Supreme Court To Bless Their Unconstitutional Social Media Laws

Both states are trying to force tech companies to platform certain sorts of speech.

Reason

Justice Kavanaugh Still Wants SCOTUS To Hear More Cases

The Supreme Court's docket may be awfully small, but it's not Justice Kavanaugh's fault.

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