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The Latest Breaking News from Sotomayor

There is Some Drama Brewing In San Francisco v. EPA

Today the Court decided one case, San Francisco v. EPA. As I predicted, the majority opinion was assigned to Justice Alito.… The post There is Some Drama Brewing In San Francisco v. EPA appeared first on Reason.com.

Reason

Did Glossip and the Oklahoma Attorney General Collusively Conceal Evidence to Win Their U.S. Supreme Court Case?

Justice Thomas observes in his dissent that "the parties collusively excluded" evidence—which I presented to the Court for the victim's family—"in order to reach a predetermined outcome." And the Court majority offers no defense of this deceitful maneuver.

Reason

Authorship Predictions for the October Sitting

It is never too early to make predictions!

Reason

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Justices Sotomayor and Gorsuch on the Fourth Amendment and Misdemeanor Arrests

"Founding-era common law gave officers no authority to make an 'arrest without a warrant, for a mere misdemeanor not committed in [their] presence.'"

Reason

The TikTok Majority Opinion

Here's a quick summary of the unsigned majority opinion (called a "per curiam"), joined by all the Justices except Justice… The post The TikTok Majority Opinion appeared first on Reason.com.

Reason

All The Things TikTok v. Garland Did Not Decide

CTRL-F the decision for "need not" and "assume"

Reason

Some Legal Questions About Greenland, Puerto Rico, and Alberta

I realize many of the things that Trump says have no chance of becoming reality. But it is foolish to… The post Some Legal Questions About Greenland, Puerto Rico, and Alberta appeared first on Reason.com.

Reason

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Talking to the Justices About References

ABC News reports, "Supreme Court Justice Samuel Alito spoke to President-elect Donald Trump by phone Tuesday to recommend one of… The post Talking to the Justices About References appeared first on Reason.com.

Reason

Justice Alito spars over trans rights with first openly trans attorney at the Supreme Court

The court’s liberal justices fear conservatives are ‘undermining the bedrock’ of discrimination protections

The Independent UK

More Leaks in the NY Times About The "Supreme Court Ethics Debate"

Jodi Kantor reports on a confidential ten-page memo from Justices Gorsuch, and comments from Justices Thomas and Alito.

Reason

Must Government Pay Compensation When It Damages Innocent Owner's Property in Police Action?

From Justice Sotomayor's opinion today respecting denial of certiorari in Baker v. City of McKinney, joined by Justice Gorsuch: The… The post Must Government Pay Compensation When It Damages Innocent Owner's Property in Police Action? appeared first on Reason.com.

Reason

Justices Alito and Sotomayor on How Courts Read Dicta

An amusing and potentially revealing exchange in a recent oral argument.

Reason

Justice Sotomayor Asks Texas Governor Abbott To Grant Executive Reprieve To Death Row Prisoner

Case of the Speluncean Explorers Redux

Reason

NY Times Big Reveals On Deliberations In Three Trump Cases

How did Roberts come to write Trump v. Anderson, Fischer v. United States, and Trump v. United States?

Reason

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Severability on the Shadow Docket: SCOTUS Splits 5-4 On Whether Entirety of Title IX Regulations Must Be Enjoined

Justice Gorsuch joins the three dissenters on severability. What about Justices Thomas and Barrett?

Reason

Thoughts on Biden's Proposed Supreme Court Reforms

The proposals include term limits for Supreme Court justices, a binding ethics code, and a constitutional amendment limiting the president's' immunity from prosecution. All 3 are potentially good ideas. But devil is in details.

Reason

The Behind the Scenes Wrangling in the Idaho Abortion Case

Joan Biskupic reports that the justices were initially inclined to back Idaho in the EMTALA case, until they realized the case was messier than they had thought.

Reason

Jarkesy Should Not Have Been So Easy For Justice Barrett

There are tensions between Jarkesy, CFPB, and Vidal.

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Chief Justice Roberts, The Judicial Supremacist in Jarkesy

The Chief Justice wavers on many issues, but never in returning power to the federal judiciary.

Reason

Atlas Roofing Shrugged

Another Burger Court precedent is about to be “abandoned” or “overruled” like Roe, Lemon, Chevron, Abood, and Bakke.

Reason

The Supreme Court Refuses To Extend Robinson v. California, A Non-Originalist Decision

Even if an erroneous precedent cannot be overruled, isolate the damage, and decline to extend it to new circumstances.

Reason

Justice Sotomayor Would Deny Immunity For Abuses of Power, Corrupt Purposes, and Personal Gain

Justice Sotomayor's rhetoric in Trump v. United States mirrors the claims from Trump impeachment 1.0

Reason

Trump v. United States Recognizes That Prosecuting The President Poses More Risks Than Suing The President

Defenders of the Mueller investigation routinely argued that the threat of civil enforcement was worse than a federal prosecution.

Reason

What Exactly Do Justices Thomas and Gorsuch Disagree About In Loper Bright

Justice Thomas agrees with the "lion's share" of Justice Gorsuch's concurrence.

Reason

"What Should a Court Do When Faced with a 40-Year-Old Conviction Resting on Science That Has Now Been Wholly Discredited?"

A longish and interesting opinion by Justice Sotomayor, regarding the Court's decision not to review the matter for now (McCrory v. Alabama). According to Justice Sotomayor: Petitioner Charles M. McCrory was convicted of murder in 1985 based on forensic bitemark testimony that has now been roundly condemned by the scientific…

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