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The Latest Breaking News from Reason

Trump's Favorite Justice Was One of Those 'Stupid People' Who Think Flag Burning Is Protected Speech

Antonin Scalia twice joined Supreme Court decisions rejecting bans on that particular form of political expression.

Reason

"Time to Retire the Notion of Judicial Courage," Reprise

I'm with Sam and Will.

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

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J.D. Vance Says Childless Americans Should Pay Higher Taxes. They Already Do.

Donald Trump's running mate has discovered the most politically toxic way to demand the status quo.

Reason

Did Nicolás Maduro Just Steal Another Election?

And if the results are proven false, will Venezuela finally move away from authoritarian rule?

Reason

Against Judicial Bravery Debates

I share co-blogger Sam's misgivings about Josh's post assessing the courage of the justices, which I think demonstrates a fundamental misunderstanding of judicial psychology. There's a difference between lacking courage, and just not agreeing with your colleagues (or your blog critics) about the right thing to do. I've never seen…

Reason

President Biden's Pointless SCOTUS Reform Plan

Three proposals, that lack any specificity, will go nowhere, fast.

Reason

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Ohio State Appoints Professor Lee Strang to Direct New Salmon Chase Center

A strong appointment for an important new initiative at Ohio State University.

Reason

Banana Republican

I found myself disagreeing with some of the points made in co-blogger Josh Blackman's post this morning entitled "I could carve a judge with more backbone out of a banana." Instead of a point-by-point rebuttal, here is a set of more general observations: Law is not like the game of…

Reason

KOSA Moves Forward in Congress, Threatening Free Speech and Encryption

Only Sens. Paul and Wyden are expected to vote "no" on Tuesday. Power to stop KOSA now resides with the House.

Reason

Justice Kagan's Ninth Circuit Judicial Conference Remarks

Thanks to C-Span, video is now available.

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

Biden Now Wants To Force Others To Retire Too

Plus: Vance's anti-Trump emails, Venezuelan elections, toxic masculinity discourse, and more...

Reason

"I could carve a judge with more backbone out of a banana"

What stuff are the Court's middle three Justices made of?

Reason

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Reason

Judge Tosses Former 'Disinformation' Chief's Defamation Suit, Says She Really Was a Censor

Nina Jankowicz finds out the truth may hurt, but it isn’t lawsuit bait.

Reason

Brickbat: Getting Soaked

Colorado plumbers and local water districts say they were caught off guard by a new law that could send consumer prices soaring. The law requires anyone inspecting, testing, or repairing a backflow prevention device to have a plumbing license. The devices keep used water from entering the water supply and…

Reason

What Would It Mean For Lower Federal Court Judges To Enforce A Code Of Conduct Against Supreme Court Justices?

Does Justice Kagan really want Chief Judge Kimberly Moore to give Justice Thomas the Pauline Newman treatment?

Reason

No Sealing of Goldman Sachs Employees' Names in Securities Fraud Lawsuit

From Magistrate Judge Katharine Parker (S.D.N.Y.) Thursday in Ap-Fonden v. Goldman Sachs Group, Inc.: This securities fraud litigation, filed in 2018 arises out of the 1Malaysia Development Berhad ("1MDB") scandal. Plaintiffs were investors in Defendant the Goldman Sachs Group Inc. ("Goldman"). The parties have moved to seal materials submitted in…

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Reason

JD Vance on Justice Scalia in 2014

"He's become a very shrill old man. I used to really like him, and I used to believe all of his stuff about judicial minimalism was sincere. Now I see it as a political charade."

Reason

"Two Men Plead Guilty to Acting as Illegal Agents of the PRC Government and Bribery"

From Thursday's press release by the Justice Department (see also the Indictment itself): JOHN CHEN and LIN FENG pled guilty to acting as unregistered agents of the government of the People's Republic of China ("PRC") and bribing an Internal Revenue Service ("IRS") agent in connection with a plot to target…

Reason

Today in Supreme Court History: July 28, 1880

7/28/1880: San Francisco prohibits operation of laundires in wood buildings, "without having first obtained the consent of the board of supervisors." The Supreme Court found this ordinance unconstitutional in Yick Wo v. Hopkins (1886).

Reason

Trump Wants Police To Be Above the Law

Donald Trump pledged to give cops "immunity from prosecution." The idea is both legally illiterate and dangerous.

Reason

The Constitution as an Allocation of Competences

It [i.e., the Supreme Court] must look to the Constitution, be it with a large or small C, written or unwritten (or both), for it is the constitution of a society which represents the fundamental allocation of competences within that society. It is in its constitution that a society comes…

Reason

J.D. Vance, Taxing the Childless, and the Power of Framing

The controversy over Vance's advocacy of higher tax rates for childless adults illustrates the power of framing.

Reason

Judge in N.Y. Trump Fraud Civil Case Refuses to Recuse

From Thursday's decision in People v. Trump, by N.Y. trial judge Arthur Engoron: This action, familiarity with which the Court assumes, arises out of a years-long investigation that plaintiff, the Office of the Attorney General of the State of New York ("OAG"), conducted into certain business practices that defendants engaged…

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