The Latest Breaking News from Barrett

I think it is clear that Justice Alito lost the majority, but the resulting schizophrenic opinions still do not cohere.

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

The court has wrapped up its term, issuing a string of blockbuster decisions with the conservative supermajority in the driver’s seat

In today's Moody v. Netchoice, LLC, the Supreme Court sent back to lower courts the cases considering whether (and when) the Florida and Texas limits on social media content moderation are constitutional. The decision was complicated and limited, so here's a general summary. [1.] Remember that the lawyer's true superpower…

From Justice Barrett's concurrence in today's Moody v. Netchoice, LLC: Consider, for instance, how platforms use algorithms to prioritize and remove content on their feeds. Assume that human beings decide to remove posts promoting a particular political candidate or advocating some position on a public-health issue. If they create an…

From her opinion in Moody v. Netchoice, LLC: Corporations, which are composed of human beings with First Amendment rights, possess First Amendment rights themselves. But foreign persons and corporations located abroad do not. Agency for Int'l Development v. Alliance for Open Society Int'l, Inc. [II] (2020)…. What if the platform's…

But after a second, a third, and a fourth read, all of the fancy veneers and window dressing start to come off.

Ending the Epicycles of Chevron.

He really doesn't care what we think.