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The Latest Breaking News from Kavanaugh

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

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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

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

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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…

Reason

Justice Barrett on the Takings Clause and the Police Power

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

Reason

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

The Guardian - US

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

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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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Griffin's Case (1869) and The Enforcement Act of 1870

Justice Kavanaugh was right. Chief Justice Chase's decision in Griffin's Case "forms the backdrop against which Congress" legislated The Enforcement Act of 1870.

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Former Nixon counsel warns of dangerous potential in Trump's case

Learn about the potential implications of Donald Trump's appeal to the Supreme Court and the lessons from the United States vs. Nixon case, with insights f...

Reason

Oral Arguments in Trump v. Anderson Part III: Justice Kavanaugh Gets Griffin's Case and Justice Barrett gets FedCourts

Why did Jonathan Mitchell not vigorously defend Griffin's Case and Chief Justice Chase? And Mitchell missed Justice Barrett's question about direct/collateral challenges due to his refusal to accept the sword-shield dichotomy.

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New Univ. of Texas Law Class on "Understanding Conservative Legal Thought"

I thought this item from Prof. John Greil at Texas was much worth passing along; he is still developing the syllabus, and comments and suggestions are welcome at john [dot] greil [at] law [dot] utexas [dot] edu: Next fall semester, I'll be teaching a new course at Texas Law—Understanding Conservative…

Reason

Supreme Court Takes a Pass on Minnesota Climate Change Case

Only one justice indicated any interest in premature consideration of state-law climate change lawsuits.

Reason

Ten Reflections on Justices Kavanaugh and Barrett's Votes In Dobbs

On Friday, I wrote a post that totaled nearly 6,000 words about the New York Times bombshell report on Dobbs. My initial goal was to simply lay out all of the new disclosures--and there were many of them. Now, I've had some time to think about this new information. Here,…

Reason

16 Disclosures from the New York Times Leak Report About Dobbs

Jodi Kantor and Adam Liptak of the New York Times have published a remarkable story about Dobbs that reports on private correspondences, votes at conference, and more. This post will highlight sixteen of the largest disclosures, and close with some broader thoughts. And I've presented this narrative in (roughly) chronological…

Reason

Justices Kavanaugh And Barrett's Shadow Docket Concurrence In The Hamburger Mary's Case

The good, the bad, and the ugly.

Reason

Broad Injunctions Against Enforcement of Allegedly Unconstitutional Statutes

An interesting opinion from Justices Kavanaugh and Barrett; it arose in a case challenging a Florida law that was aimed at drag shows, but it deals with the remedies question and not the underlying substantive First Amendment question.

Reason

Justice Kavanaugh Really Wants to Hear More (Patent) Cases

Not all of the justices are happy about the Court's stingy approach to certiorari.

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