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The Latest Breaking News from Alito

Justice Barrett's Shadow Docket Policy: Do The Opposite Of Whatever The Fifth Circuit Did (Updated)

Forget Doe v. Mills. Justice Barrett will grant relief on the shadow docket when the Fifth Circuit steps out of line.

Reason

Second Amendment Roundup: The Supreme Court stays vacatur of ATF regulations.

The 5th Circuit finds plaintiffs likely to succeed in challenging another set of ATF rules that implicate the Second Amendment.

Reason

Shadow Docket Delays

What does it mean when the Circuit Justice extends an administrative stay?

Reason

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Conservatives Should Not Be Surprised By Justice Barrett's Cautious Approach

Barrett was added to the SCOTUS short-list only seventeen days after she was confirmed to the Seventh Circuit.

Reason

Conservatives Should Not Be Surprised By Justice Gorsuch's Opinion in Bostock

Revisting Kastl v. Maricopa County Community College District.

Reason

Is the ADA Tainted By Unconstitutional Animus?

Is the exclusion of "gender identity disorders" from the ADA based on a "bare desire to harm"?

Reason

Five Decades From Hardison to Groff

How could all of those courts get Hardison so wrong?

Reason

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Making Sense Of The Votes In Mallory v. Norfolk Southern Railway Co.

The decision this term that has the largest potential for a legal "jolt" was Mallory.

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

The Irony of Department of Education v. Brown—the Other Student Loan Forgiveness Case Decided by the Supreme Court Yesterday

The Court unanimously ruled the plaintiffs in that case lacked standing. But they might end up getting what they wanted more fully than anyone else involved in the legal battle over student loan forgiveness.

Reason

"Dormant Commerce" and Corporate Powers

Some reflections on the decision in Mallory.

Reason

What Does U.S. v. Texas Tell Us About The DACA Litigation?

Is this a ticket good for one ride?

Reason

What's Left Standing of Special Solicitude for States After U.S. v. Texas?

The Supreme Court did not overturn the standing holding of MAssachusetts v. EPA, but it may have left it on life support.

Reason

Will Massachusetts v. EPA get the Lemon v. Kurtzman quiet interment?

The landmark environmental decision may have already been abandoned.

Reason

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Reason

Justice Kavanaugh's Arrested Development

U.S. v. Texas, Linda v. Richard, and Brett v. Amy.

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

Justice Alito Preempts ProPublica "Investigative Journalism"

"ProPublica has leveled two charges against me. . . . Neither charge is valid."

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Reason

Reservations For Two

Justices Gorsuch and Alito have diametrically opposite perspectives on Indian Tribes

Reason

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

9-0.

Reason

Roberts Waves the White Flag of Textualism in Allen v. Milligan

Justice Scalia would be rolling over in his grave.

Reason

Justice Thomas Had No Majority Opinion from October Sitting, But Still Wrote More Than Any Other Justice

Justice Ketanji Brown Jackson may speak the most at oral argument, but Justice Thomas is writing more pages.

Reason

Does a Footnote in Sackett II Indicate How SCOTUS Will Resolve the Affirmative Action Cases?

Could the Court treat Justice Powell's Bakke opinion the way it treated Justice Kennedy's Rapanos opinion?

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

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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