The Latest Breaking News from Rehnquist

The Fifth Circuit decision holding that libraries may remove books based on the books' viewpoint may lead some to ask:… The post The Supreme Court Hasn't Resolved Whether Libraries May Remove Books Based on Viewpoint appeared first on Reason.com.

The separation of politics, not the separation of powers, will decide Wilcox v. Trump.

Some actual reporting by ProPublica.

Professor Arthur Hellman of the University of Pittsburgh is one of the great academic experts on the Supreme Court's case selection process. He recently wrote to me with a very interesting insight about the Supreme Court's "discuss list," which I asked him to elaborate on for readers of the blog.…

Contrary to popular perception, the current Supreme Court overturns precedent and declares laws to be unconstitutional less often than its predecessors did.

The limiting principle presented in Lopez would likely not meet her threshold.

First stop for reporters: the Grutter and Gratz files.

Justice Rehnquist in 1975: Moreover, neither declaratory nor injunctive relief can directly interfere with enforcement of contested statutes or ordinances except with respect to the particular federal plaintiffs, and the State is free to prosecute others who may violate the statute. Doran v. Salem Inn, Inc., 422 U.S. 922, 931…

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.