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The Latest Breaking News from Neil Gorsuch

Thoughts on the Supreme Court's Ruling in the Harvard and UNC Racial Preferences Cases

A preliminary assessment of today's decisions. The majority rightly struck a blow against the use of racial preferences for purposes of advancing "diversity" in education. But there are some flaws in its reasoning.

Reason

Supreme Court Refuses To Expand the 'True Threats' Exception for Free Speech

Plus: Maine prostitution measure becomes law, "significant misconduct" in jail where Epstein hung himself, Mike Pence defends free markets, and more...

Reason

Stephen L. Carter: The mystery of Gorsuch’s passionate support for tribes

During Justice Neil Gorsuch’s six years on the Supreme Court, the justices have faced 10 cases involving the rights of Native American individuals or tribes. Every time, Gorsuch has voted in favor of Indian rights — including thrice in the past two weeks. Whether in the majority or the minority,…

Tribune News Service

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Noah Feldman: The Supreme Court just stood up for electoral democracy

In a 6-3 decision, the U.S. Supreme Court firmly rejected the so-called independent state legislature theory. This bizarre theory would have allowed renegade legislators to violate their state constitutions in setting rules for federal elections — allowing them to hijack elections for U.S. Congress and even the presidency.

Tribune News Service

Why a Supreme Court Justice Who Always Votes for One Type of Litigant isn't Necessarily Biased

Justice Gorsuch has never voted against Native American interests in a Supreme Court case. But that probably isn't because he's biased in favor of Indians. He simply believes that much existing precedent in this field is biased the other way.

Reason

Navajo Nation's water situation is vague

The decision leaves water infrastructure for the Navajo Nation on unsure ground

Salon

Supreme Court's Sidestep Leaves Native Kids Without Answers

While intended to keep Native families together, the ICWA subjects American Indian children to a lower level of protection than is enjoyed by non-Native kids.

Reason

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Supreme Court makes Navajo Nation's fight for more water harder

A Supreme Court ruling this week will make it harder for the Navajo Nation to get water from the Colorado River

The Independent UK

Chief Justice John Roberts on track to write 2nd-fewest opinions in 2022-2023 term

United States Supreme Court Chief Justice John Roberts has authored two of the 36 opinions for the 2022-2023 term as of June 16, 2023, which is the fewest authored opinions of all justices. Justices Neil Gorsuch and Amy Coney Barrett have authored five, Justices Sonia Sotomayor, Clarence Thomas, Ketanji Brown…

Ballotpedia

Supreme Court rules the US is not required to ensure access to water for the Navajo Nation

The Navajo Nation, the largest Native American reservation in the U.S., covers 27,000 square miles (70,000 square kilometers) in the Southwest – an area larger than 10 states. Today it is home to more than 250,000 people – roughly comparable to the population of St. Petersburg, Florida, or Winston-Salem, North…

The Conversation

Supreme court rules against Navajo nation in Colorado River water dispute

Native American tribe argued federal government had not fulfilled obligations in battle over dwindling water supplies

The Guardian - US

Supreme Court rules against Navajo Nation in Colorado River water rights case

The Supreme Court has ruled against the Navajo Nation in a dispute involving water from the drought-stricken Colorado River

The Independent UK

Native American tribes say Supreme Court challenge was never just about foster kids

Native Americans say the Supreme Court has reaffirmed their power to withstand threats from states in many areas

The Independent UK

The supreme court made a surprising ruling for Native American rights

A white couple challenged an adoption law that protects Native children. Thankfully, the conservative court didn’t buy their argument

The Guardian - US

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Tribune News Service

Noah Feldman: Supreme Court was sensibly conservative on tribal rights

Justice Amy Coney Barrett’s majority opinion for the Supreme Court in Haaland v. Brackeen is conservative in the good, old-fashioned sense of the word. In upholding the Indian Child Welfare Act, the court reaffirmed precedent and declined an invitation to revolutionize the law with a reactionary constitutional holding. Along the…

Fortune

Supreme Court Justice Clarence Thomas had a secret real estate billionaire benefactor. We just got a look at the other justices’ holdings

Sonia Sotomayor's more than $1 million apartment in New York City's West Village was disclosed—and John Roberts's house in Ireland.

Reason

Journal of Free Speech Law: "Defamation, Disinformation, and the Press Function," by Prof. RonNell Andersen Jones

Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.

Reason

Journal of Free Speech Law: "Cheap Speech and the Gordian Knot of Defamation Reform," by Prof. Lyrissa Lidsky

Just published as part of the symposium on Media and Society After Technological Disruption, edited by Profs. Justin "Gus" Hurwitz & Kyle Langvardt.

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WEKU

Supreme Court justices, minus Thomas, and Alito, file financial disclosure reports

Justice Clarence Thomas' disclosure form had been eagerly awaited in the wake of news reports that he accepted luxury trips worth hundreds of thousands of dollars from GOP megadonor Harlan Crow.

The Independent UK

Justice Jackson reports flowers from Oprah, designer clothing as Thomas delays filing disclosure

Justice Ketanji Brown Jackson has disclosed that she received a $1,200 congratulatory floral display from Oprah Winfrey and $6,580 in designer clothing for a magazine photo shoot in her first months as the first Black woman on the Supreme Court

Reason

Justice Breyer's Establishment Clause Particularism

Justice Breyer saw church-state controversies as highly and inevitably fact-bound, solvable only through a judicial balancing exercise.

The Guardian - US

US supreme court end-of-term decisions could transform key areas of public life

Consequential decisions regarding affirmative action, LGBTQ+ equality and the future of Native American tribes are expected

Reason

North Carolina Governor Declares 'State of Emergency' Over Education Debate

The stunt comes days after Justice Gorsuch warned of officials addicted to emergency decrees.

Reason

The Perils of 'Rule by Indefinite Emergency Edict'

Supreme Court Justice Neil Gorsuch highlights a vital lesson from the COVID-19 pandemic.

Reason

Gorsuch Condemns 'Breathtaking' COVID Emergency Powers That Crushed Civil Liberties

"Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country," Gorsuch wrote. That might be an exaggeration, but it isn't far off.

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