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The Latest Breaking News from Scalia

New in Civitas Outlook: The Temptation of the Inferior "Imperial Judiciary"

"As Judge Kenneth K. Lee wisely warned, judges of the inferior courts should 'not be seduced by the temptation of judicial resistance,' lest they inch towards an inferior 'imperial judiciary.'"

Reason

Justice Scalia Did Not Read The New York Times; Justice Barrett Does

It is very useful to know where a Justice gets her news from.

Reason

Putting Trump's Backlash Against The Tariff Ruling In Context

In Learning Resources v. Trump, the Supreme Court invalidated President Trump's global tariffs by a 6-3 vote. Almost immediately, Trump… The post Putting Trump's Backlash Against The Tariff Ruling In Context appeared first on Reason.com.

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An Edited Version Of Learning Resources

I've finished reading the entire tariff decision, and editing it down for the Barnett/Blackman casebook.

Reason

February 13, 2016

One decade since Justice Scalia's death.

Reason

In Defense of Justice Alito

Ben Aguiñaga, a former law clerk, responds to the gross media smears of Justice Alito.

Reason

The Presumption of Regularity Returns to SCOTUS

Trump Firing Lisa Cook, Jack Smith Indicting Donald Trump.

Reason

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Roe as Humphrey's Executor, Casey as Morrison, and Dobbs as Slaughter

Casey attempted to save Roe by rewriting it, but that compromise ultimately collapsed in Dobbs. Morrison attempted to save Humphrey's Executor by rewriting it, but that compromise will (likely) collapse in Slaughter.

Reason

Paintings Loaned by the National Gallery of Art to the Supreme Court

An incomplete list of priceless artwork shared with the Justices.

Reason

Why I Am Resigning from the Heritage Foundation (Guest-Post by Adam Mossoff)

[DB: This is a guest post from my Scalia Law colleague Professor Adam Mossoff, reprinting his letter to Heritage Foundation… The post Why I Am Resigning from the Heritage Foundation (Guest-Post by Adam Mossoff) appeared first on Reason.com.

Reason

Federal Appellate Judges Can Petition the Supreme Court to Review a Question

Litigants often file "petitions for certiorari" asking the U.S. Supreme Court to review a case, or particular questions within the… The post Federal Appellate Judges Can Petition the Supreme Court to Review a Question appeared first on Reason.com.

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Becoming Justice Barrett

Justice Barrett's new book is not a memoir. Though she sprinkles the book with some anecdotes about her family, Listening Law… The post Becoming Justice Barrett appeared first on Reason.com.

Reason

Justice Barrett Is "Not Afraid"

A revealing interview with the Supreme Court's "Steel Magnolia."

Reason

Justice Barrett on Common Good Constitutionalism (Updated)

The Justice discusses originalism, common good constitutionalism, and King v. Burwell in a recent interview.

Reason

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Who Is Lawfully Exercising the Powers of the U.S. Attorney for the District of New Jersey?

A district court ruling that Ms. Habba has been unlawfully exercising the powers of the New Jersey U.S. Attorney ducks the critical question of who can exercise those powers ... which is strong reason for doubting the ruling's reasoning.

Reason

President Trump Will Nominate Rebecca Taibleson to the Wisconsin Seat in the Seventh Circuit

President Trump has nominated Rebecca Taibleson for the Seventh Circuit seat in Wisconsin that was previously held by Judge Diane… The post President Trump Will Nominate Rebecca Taibleson to the Wisconsin Seat in the Seventh Circuit appeared first on Reason.com.

Reason

No Special Counsel for the Epstein Suicide Investigation

It would be a terrible idea to appoint a special counsel to investigate the Jeffrey Epstein suicide and scandal.

Reason

Professor Barrett Was At Home In CASA

After the Supreme Court decided Trump v. CASA, the Wall Street Journal editorial page took a victory lap. The editors, who… The post Professor Barrett Was At Home In CASA appeared first on Reason.com.

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The Status of Smith and Yoder After Mahmoud

The Court continues avoiding the Smith issue, but in an unexpected way.

Reason

Justice Kavanaugh Lays Out His Roadmap In FCC v. Consumers' Research

Justice Kavanaugh parts ways with Justice Gorsuch on the non-delegation doctrine, but charts two paths for independent agencies.

Reason

Justice Kagan Rejects "Combination Theory" Claims For Separation of Powers Cases

"A meritless public non-delegation challenge plus a meritless private nondelegation challenge cannot equal a meritorious 'combination' claim."

Reason

"A Question of Remedy, not Redressability"

The DC district court issues an important decision in RAICES v Noem - the first in the new post-CASA legal universe

Reason

The Chutzpah of Justice Kennedy Lecturing Us About Democracy on June 26

"Those who founded our country would not recognize [Justice Kennedy's] conception of the judicial role."

Reason

Free Exercise Clause Rights to Opt Children Out of Public School Lesson That "Substantially Interfer[e]" with Their Children's "Religious Development"

[1.] The Supreme Court has been debating the meaning of the Free Exercise Clause for over 60 years. One view… The post Free Exercise Clause Rights to Opt Children Out of Public School Lesson That "Substantially Interfer[e]" with Their Children's "Religious Development" appeared first on Reason.com.

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Arkes: Is Skrmetti "The Best That Conservative Jurisprudence Can Really Serve Up Now, A Concurring Opinion in Buck v Bell?"

The conservatives "thought they were constrained from speaking by a jurisprudence that bars them from invoking truths beyond the text of the Constitution."

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