The Latest Breaking News from Kavanaugh

I was asked to give some brief remarks on the affirmative action cases at a panel discussion at the University of Baltimore today. I typed up some notes, and I thought they were worth sharing: I think at least seven Justices, including Kagan on the left, converged on the notion…

The three-alarm fire broke out around 10.30am on Saturday at a building on 429 East and 52nd Street in Manhattan

Counsel for UNC did not know which box students of Middle Eastern Origin are supposed to check.

My Justice-by-Justice breakdown.

An insightful point from oral argument in National Pork Producers v. Ross -- and its implications.

SCOTUS nudges the lower courts and parties into compliance.

Let's move on to other variants. One looks at whether a law has any exceptions at all, and, if religious reasons are not among those exceptions, automatically applies strict scrutiny. It was proposed by Justice Kavanaugh in his dissent in Calvary Chapel Dayton Valley v. Sisolak, and possibly embraced by…

Eugene has kindly invited me to contribute a series of posts, briefly describing my taxonomy of new variants of the most-favored-nation theory of religious liberty (forthcoming in the Iowa Law Review). I'm particularly pleased by the invitation, because I wrote the piece in conscious emulation of the kind of careful…

Chilling information revealed from the search warrant affidavit.

Here we are, one month after Dobbs. The leaker has not yet come forward. Indeed, we have no clue who the leaker may be. David Lat suggests that the Politico reporters may not even know who the leaker is! I was patiently waiting for something, anything, from Supreme Court reporters…

On the plus side, we had Rehnquist, Scalia, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett. On the down side, we had Roberts, Souter, Kennedy, O'Connor, Powell, Blackmun, Burger, Stewart, Whittaker, Brennan, and Warren.