The Latest Breaking News from Brackeen

The Court's originalists and traditionalists break out into their camps.

Are the biggest cases staggered in June to take advantage of newscycles?

Justice Gorsuch v. Justice Thomas in Brackeen.

Scalia was right: "The only thing that will 'confine' the Court's holding is its sense of what it can get away with."

Justice Thomas would place the burden on the government, and follow a presumption of liberty.

Randy Barnett's The Original Meaning of the Commerce Clause was cited on Thursday by Justice Thomas's dissent in Haaland v. Brackeen and on May 25 in Justice Thomas's concurrence in Sackett v. EPA, and Sam Bray's "Necessary and Proper" and "Cruel and Unusual": Hendiadys in the Constitution was cited on…

133 pages down to 30 pages.

Justice Amy Coney Barrett’s majority opinion for the Supreme Court in Haaland v. Brackeen is conservative in the good, old-fashioned sense of the word. In upholding the Indian Child Welfare Act, the court reaffirmed precedent and declined an invitation to revolutionize the law with a reactionary constitutional holding. Along the…

I was chatting with Prof. Lorianne Updike Toler (Northern Illinois), and she mentioned some thoughts of hers on this subject, based on her recent University of Chicago Law Review article, The Missing Indian Affairs Clause. I encouraged her to write up a blog post, and she kindly passed along the…