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The Latest Breaking News from Neil Gorsuch

Noah Feldman: Supreme Court’s ‘nostalgia doctrine’ is Trump’s biggest legacy

2022 turned out to be the most consequential year of Donald Trump’s presidency. This year, the Supreme Court proved that its hard-right turn will be the most enduring legacy of his sorry four years in office.

Tribune News Service

Supreme Court Issues Dubious Ruling that Perpetuates Title 42 "Public Health" Expulsions of Migrants

The decision doesn't actually require continuation of the policy, but will have that effect indirectly. Justice Neil Gorsuch's dissent explains why the Court was wrong to take this step.

Reason

Supreme Court keeps Title 42 border directive in place

A divided Supreme Court on Tuesday issued an order that keeps in place the pandemic-related border policy known as Title 42, allowing border agents to continue turning away migrants seeking asylum at least for months.

Tribune News Service

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Supreme Court keeps Title 42 border directive in place - Roll Call

The Supreme Court kept in place the pandemic-related border policy known as Title 42, allowing the government to turn away asylum-seekers.

Roll Call

Editorial: What if regulation is unconstitutional?

Is regulation as we know it unconstitutional? It’s not inconceivable that, sometime soon, the U.S. Supreme Court could reach such a conclusion, invalidating much of the vast administrative apparatus created to promote such public goods as clean air, workplace safety and financial stability.

Tribune News Service

John Roberts won't save democracy

Roberts may seek a compromise in the Independent State Legislature case — one that locks down minority rule

Salon

A Likely Win for Free Speech

Last week's argument at the Supreme Court in 303 Creative v. Elenis.

Reason

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The future of US elections hinges on an outlandish case before the supreme court

The ‘independent state legislature’ theory has rarely been put forward, and then only by blatant partisans acting in bad faith

The Guardian - US

Justices take up elections case that could reshape voting

The Supreme Court is taking up a case with the potential to reshape elections for Congress and the presidency

The Independent UK

How a fringe legal theory at the Supreme Court could blowtorch American elections

Right-wing legal groups and Republican lawmakers put the so-called ‘independent state legislature’ theory at the centre of one of the most important tests for democracy in front of the US Supreme Court, Alex Woodward reports

The Independent UK

Supreme Court signals sympathy with web designer opposed to same-sex marriage in free speech case

In front of the Supreme Court justices on Dec. 5, 2022 was 303 Creative LLC v. Elenis – a major case regarding LGBTQ rights and free speech.

The Conversation

Supreme Court Debates Whether Web Designers Can Be Forced To Make Gay Wedding Pages

A million hypotheticals bloom in arguments over when and where the government may compel speech.

Reason

Supreme Court weighs 'most important case' on democracy

The Supreme Court is about to confront a new elections case that could dramatically alter voting in 2024 and beyond

The Independent UK

The Daily Brew, December 2: An initiative in Nevada would let municipalities opt-out of county-based school districts

Welcome to the Friday, December 2, Brew.

Ballotpedia

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Tribune News Service

Carl P. Leubsdorf: No surprise that trust in Supreme Court has slipped

Public trust in the Supreme Court has dropped sharply, a Gallup poll found this fall. It’s hardly surprising, given an array of recent factors involving the justices, their opinions and supporters.

Ballotpedia

Checks and Balances November 2022

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

Reason

How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions

The link between Bostock v. Clayton County and Students for Fair Admissions v. University of North Carolina

Salon

Harvard, Asian Americans and Jews

Conservatives have embraced the argument that Asian Americans are "the new Jews." Their true goal is no mystery

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The Independent UK

Justices cheered at conservative group's anniversary dinner

Four of the five Supreme Court justices who overturned the constitutional right to abortion showed up at the conservative Federalist Society’s black-tie dinner marking its 40th anniversary

Salon

Justices attend right-wing gala

Three of the four Supreme Court justices in attendance were nominated by Donald Trump

Reason

Some Supreme Court Justices Want the Court To Tackle More Government Abuse Cases

Unfortunately, in five separate cases today, they're outnumbered.

The Independent UK

Court rejects appeal to give American Samoans citizenship

The Supreme Court on Monday rejected an appeal seeking to give people born in American Samoa U.S. citizenship

Chicago Tribune

Commentary: The illegitimate attacks on the Supreme Court’s legitimacy

Legitimacy. The word has dominated discussion of the U.S. Supreme Court for years. Some, mostly on the left, claim that the court has lost its legitimacy. The debate on this question even has spread to the court itself, with comments on the matter made by Justices Elena Kagan, John Roberts…

Tribune News Service

Ketanji Brown Jackson makes her mark early, often as US Supreme Court work begins

It didn’t take long for Justice Ketanji Brown Jackson to find her voice on the U.S. Supreme Court.

The Conversation

A seismic change has taken place at the Supreme Court – but it's not clear if the shift is about principle or party

In the summer of 2022, the U.S. witnessed a dramatic change in how the majority of Supreme Court justices understand the Constitution.

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