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The Latest Breaking News from Rehnquist

Chief Justice Burger Set the Stage for the Originalist Revolution

While conservative criticisms of the Burger Court may be justified, those criticisms do not apply to the "The Chief." He had only one vote on the Court ... and, too often, too little support from his colleagues to reach originalist results.

Reason

"The Souterian and Rehnquistian Views of Legal Talent"

From a new law review article with that name, by Andy Smarick (Manhattan Institute): During congressional testimony in 1999, the… The post "The Souterian and Rehnquistian Views of Legal Talent" appeared first on Reason.com.

Reason

The Supreme Court Hasn't Resolved Whether Libraries May Remove Books Based on Viewpoint

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.

Reason

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The Hughes Court Repudiated FDR In Humphrey's Executor, and the Roberts Court Will Repudiate Trump by Maintaining Humphrey's Executor

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

Reason

A Window Into Chief Justice Roberts's Mind

The 2024 year-end report tells us what keeps the Chief awake at night.

Reason

Reconsidering United States v. Nixon

Maybe the Roberts Court was right and the Burger Court was wrong.

Reason

The Facial Challenge Analysis In Rahimi Seems Inconsistent with Lopez

Why did Lopez, who was paid $40 to bring a gun to a school, succeed on a facial challenge, but the Court wouldn't even consider Rahimi's circumstances?

Reason

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The Three Trump Appointees In Rahimi

Justices Gorsuch, Kavanaugh, and Barrett are fracturing over originalism.

Reason

The 6/13/2000 Memorandum to Chief Justice Rehnquist: "Compensation Increase for Justices—Response to Justice Thomas—Guidance Needed"

Some actual reporting by ProPublica.

Reason

Arthur D. Hellman on The Supreme Court's Shrunken "Discuss List"

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.…

Reason

Notes on "The Restrained Roberts Court"

Reason

How would Justice Barrett have voted in United States v. Lopez?

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

Reason

Justice Stevens's Papers Will Be Released While Justices O'Connor, Kennedy, Souter, Thomas, and Breyer Are Still Alive

First stop for reporters: the Grutter and Gratz files.

Reason

Declaratory judgments and injunctions are party-specific

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…

Reason

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For Legal Conservatives, Six Decades Of Folding, Followed By Sixteen Years To Draw A Full House

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.

Reason

Justice Scalia's Dissent in Dickerson v. United States Is Vindicated Two Decades Later

Would the current Court have ruled with Justices Scalia and Thomas on Miranda?

Reason

Residential Picketing and Abortion

I've seen some people argue that the Supreme Court's objection to the picketing of Justices' homes about abortion is inconsistent with the Court's upholding the right to picket outside abortion clinics, or stressing the right to protest more broadly. It's worth noting, though, that bans on residential picketing have been…

Reason

No Joan Biskupic, Justice Thomas Did Not Take A "Surprising, Public Jab" At Chief Justice Roberts

Justice Thomas waxed nostalgically about the Rehnquist Court. He did not blame Roberts for the change.

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Reason

Making Sense Of The Apparent Leaked Opinion In Dobbs

My instant reaction to Leakgate.

Reason

The Inaugural Edwin Meese III Originalism Lecture

"Originalism and Stare Decisis in the Lower Courts"

Reason

Noah Feldman is Haunted By Justice Scalia's Vote in Bush v. Gore

Scalia joined Rehnquist's Bush v. Gore concurrence, which introduced the Independent State Legislature Doctrine.

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