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The Latest Breaking News from Scalia

Status, Conduct, and the Yarmulke Tax

There's a lot going on in Justice Kagan's Marietta dissent.

Reason

"Your Money Or Your Life"

A famous line from NFIB v. Sebelius shows up in U.S. v. Taylor

Reason

Biden planned to pick Thomas-style judge

Biden reportedly agreed to nominate anti-abortion lawyer Chad Meredith in deal with Mitch McConnell

Salon

From analysis to the latest developments in health,
read the most diverse news in one place.

Texas Sets Up Test Case For Arizona v. U.S.

Can the states detain an alien based on "reasonable suspicion of illegal entry or other immigration crime"?

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

The "Judges of Wisdom" and the "Mystical Aphorisms of the Fortune Cookie"

The Dobbs dissenters should have quoted that other passage from Justice Scalia about Justice Kennedy.

Reason

Scalia's "Prophecy" in Lawrence And The Joint Dissent in Dobbs

That awkward moment when Justice Breyer joins an opinion that criticizes his join in Lawrence.

Reason

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Bruen, Originalism, and Post-Enactment Practice

What role should liquidation play in originalism?

Reason

Red Flag June Continues As Lemon Is Finally Interred

Justice Gorsuch stabs the final pencil into the Lemon Test.

Reason

The Decade From NFIB To Dobbs

A very unexpected path.

Reason

A Scalia Clerk and A Stevens Clerk from OT 2007 Talk About Heller

"We think it’s clear that every member of the court on which we clerked joined an opinion — either majority or dissent — that agreed that the Constitution leaves elected officials an array of policy options when it comes to gun regulation"

Reason

Obscenity (Including as to Minors) and "the Work Taken as a Whole"

An isolated sexually themed passage, even a graphic one, doesn't make a work obscene.

Reason

Will Dobbs Be a Ticket Good for this Right Only?

What the Alito draft tells us about a possible future for same-sex marriage.

Reason

Don't Push A Pencil Through Lemon, Slice It In Half!

Will the Supreme Court finally overrule the Lemon test?

Reason

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The Independent UK

Who is Ketanji Brown Jackson?

Ms Jackson is the first Black woman on the Supreme Court

The Independent UK

Who is Ketanji Brown Jackson?

Ms Jackson would be the first Black woman on the Supreme Court

Reason

Justice Kavanaugh Is Not Going To Lay A Hand On Employment Division v. Smith

Kavanuagh's concerns about the "compelling interest" test in RLUIPA do not bode well from him restoring that test to Free Exercise Clause jurisprudence.

Reason

Justice Kavanaugh on Strict Scrutiny

In many areas of constitutional law, the Court allows a constitutional right to be overcome when a restriction passes "strict scrutiny"—i.e. (to oversimplify slightly), when the government can show that restricting the right is the "least restrictive means" of serving a "compelling government interest." In some fields, such as free…

Get all your
news in one place.

100’s of premium titles.
One news app.

The Independent UK

Who is Ketanji Brown Jackson?

Ms Jackson would be the first Black woman on the Supreme Court

Reason

Scalia Law School Faculty Statement of Commitment to Open Dialogue and Debate

It's becoming increasingly clear that other law schools are dearly in need of a similar commitment

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