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The Latest Breaking News from Sotomayor

New Divided Argument Episode: My Despised World

After a month-long hiatus, Dan Epps and I have posted a new, 2-hour-long podcast episode: My Despised World (Dan came up with the title.) Most of it discusses two of June's jurisdictional decisions -- Mallory v. Norfolk Southern Railway, and United States v. Texas -- with a shorter discussion of…

Reason

More on Standing in the 303 Creative Case

A response to my critique of the Court's new standing jurisprudence.

Reason

Progressives Should Be Grateful For President Trump's Not-So-Conservative SCOTUS Picks

Recently, Ron DeSantis, the Governor of Florida and GOP presidential candidate, offered a mild criticism of President Trump's three Supreme Court nominees. "I respect the three [Trump] appointees," DeSantis said, "but none of those three are at the same level of Justice Thomas and Justice Alito." DeSantis is not wrong.…

Reason

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SCOTUS returns to "separate but equal"

How the right made discrimination a First Amendment issue

Salon

Justice Sotomayor and the Manipulation of "Race"

Justice Sotomayor decides who is a person of color based on whether it supports her views regarding structural racism.

Reason

Say Farewell To The "Diversity Benefits" Rationale For Affirmative Action

The majority and dissent state the quiet part out loud: affirmative action was never about the educational benefits from diversity.

Reason

Just The Facts, Ma'am

The importance of the trial records in Students for Fair Admissions and 303 Creative

Reason

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"What a Difference Five Years Makes"

What would Masterpiece have looked like with Justice Kennedy still on Court?

Reason

A Lawyer Who Litigated Grutter Comments on the Court's College Admission Racial Preferences Cases

I've known Michael Rosman at the Center for Individual Rights for almost 30 years; he has litigated many important cases, including with regard to racial preferences, and was one of the lawyers in Grutter v. Bollinger. I'm therefore delighted to pass along his short reactions to Students for Fair Admission…

Reason

Looking Back on the Supreme Court's 2022-23 Term

Some end-of-term comments and an assessment of my end-of-term predictions.

Reason

"'We Came Here to Exclude the Negro. Nothing Short of This Will Answer.'"

From Justice Jackson's opinion, joined by Justice Sotomayor, dissenting from the denial of certiorari today in Harness v. Watson: The President of the 1890 Mississippi Constitutional Convention said it plain: "Let us tell the truth if it bursts the bottom of the Universe … We came here to exclude the…

Reason

S. Ct. Decides: "True Threats" Exception Requires Showing that Speaker Was "Reckless," i.e.,

"consciously disregarded a substantial risk that his communications would be viewed as threatening violence."

Reason

Predicting Case Authors and Outcomes as the Supreme Court Hits the Home Stretch

Some worth-what-you-paid-for-them predictions for the final(?) week of SCOTUS opinions.

Reason

Oh Hale Yes!

Justices Sotomayor and Kagan cite Sir Matthew Hale.

Reason

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Has Justice Gorsuch Ever Written An Opinion That Ruled Against An Indian Tribe or Member?

9-0.

Reason

In Sackett v. EPA, the Supreme Court Cuts Back Federal Regulatory Authority Over Wetlands

The Clean Water Act decision was a unanimous win for the Sacketts, and a 5-4 victory for Justice Scalia's 2006 Rapanos v. United States plurality.

Reason

Sotomayor and Kagan "Go Back To School" Each Other in Warhol v. Goldsmith

Does The Relationship Between Justices Sotomayor and Kagan "Have Much Of A Future"? Or was this just their "Fifteen Minutes" of Flame Wars?

Reason

Another Voting Paradox Case (Pork Division)

The California Pork case (NPCC v. Ross) is another example of a case whose outcome conflicts with the doctrines adopted by the Court itself in its opinions.

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Reason

How Did Justice Gorsuch Lose A Majority In National Pork Producers?

Thomas assigned the majority to Justice Gorsuch, but he couldn't hold five all the way.

Reason

SCOTUS Chooses California Over Pork Producers and Bacon Consumers (and Issues Four Other Opinions Too)

The Supreme Court issues five merits opinions, but there are still forty more waiting.

Reason

Some Levity On A Technical Oral Argument Day

Today, the Harlan Institute and Ashbrook hosted the championship round for our virtual Supreme Court competition. Every year, we fly the top two teams and their coaches, to Washington, D.C. These high schoolers had a jam packed day. In the morning, we attended oral argument at the Supreme Court. For…

Reason

Texas Will Test Whether Kennedy v. Bremerton Abrogated Engel v. Vitale, Stone v. Graham, and Wallace v. Jaffree

And good luck challenging the law. The Texas Senate passed an S.B. 8-like bulletproof bill for prayer in school.

Reason

Chief Justice Roberts's Assignment Dilemma

If Justices Thomas and Alito are dissent, and Justices Kavanaugh and Barrett vote with the progressives, the Chief may join the majority to avoid having Justice Sotomayor make the assignment.

Reason

Joan Biskupic's Barely-There Exclusives

Gone are the days that Biskupic told us things we didn't already know.

Reason

The One Key Question No Justice Asked in the Harvard/UNC Affirmative Action Case

Harvard and UNC's defense is based on the perceived need for racial diversity; but how do they justify treating "Hispanic" as a Racial Classification?

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