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The Latest Breaking News from Scalia

Joan Biskupic's Barely-There Exclusives

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

Reason

Justice Barrett's Delightfully Nerdy Opinion in Bartenwerfer v. Buckley

The former professor's opinion reads like an impromptu lecture.

Reason

The New Yorker Profiles "The Conservative Who Wants to Bring Down the Supreme Court."

Jonathan Mitchell failed in his effort to become a legal academic, so he put his theories into practice instead.

Reason

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[RETRACTED] Calabresi Responds to Whelan on State Legislatures and Moore v. Harper

What is meant by "each State by the Legislature thereof" that prescribes how to conduct elections?

Reason

Indiana RFRA and Abortion

A trial court found that Indiana's abortion law violates the state RFRA.

Reason

Will Sackett v. EPA Clarify the Scope of Federal Regulatory Jurisdiction Over Wetlands?

Ten years after their unanimous Supreme Court victory against the Environmental Protection Agency, the Sacketts return to One First Street for another round.

Reason

The University of Idaho General Counsel's Letter on Abortion

Justice Scalia, to the rescue.

Reason

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Ohio Supreme Court Justice Expresses Doubt About Appellate Decisions About History in Second Amendment Cases

But wouldn't the arguments in the dissent equally cast doubt on all historical analysis in constitutional cases, or even statutory or common-law cases?

Reason

Originalism and the "Major Questions" Doctrine

Originalist legal scholars Mike Ramsey and Mike Rappaport debate whether the major questions doctrine - an important theory underlying several recent Supreme Court decisions - can be squared with originalism or not.

Reason

For Legal Conservatives, Six Decades Of Folding, Followed By Sixteen Years To Draw A Full House

On the plus side, we had Rehnquist, Scalia, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett. On the down side, we had Roberts, Souter, Kennedy, O'Connor, Powell, Blackmun, Burger, Stewart, Whittaker, Brennan, and Warren.

Reason

Justice Scalia's Dissent in Dickerson v. United States Is Vindicated Two Decades Later

Would the current Court have ruled with Justices Scalia and Thomas on Miranda?

Reason

Status, Conduct, and the Yarmulke Tax

There's a lot going on in Justice Kagan's Marietta dissent.

Reason

"Your Money Or Your Life"

A famous line from NFIB v. Sebelius shows up in U.S. v. Taylor

Reason

Biden planned to pick Thomas-style judge

Biden reportedly agreed to nominate anti-abortion lawyer Chad Meredith in deal with Mitch McConnell

Salon

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Reason

Texas Sets Up Test Case For Arizona v. U.S.

Can the states detain an alien based on "reasonable suspicion of illegal entry or other immigration crime"?

Reason

Residential Picketing and Abortion

I've seen some people argue that the Supreme Court's objection to the picketing of Justices' homes about abortion is inconsistent with the Court's upholding the right to picket outside abortion clinics, or stressing the right to protest more broadly. It's worth noting, though, that bans on residential picketing have been…

Reason

The "Judges of Wisdom" and the "Mystical Aphorisms of the Fortune Cookie"

The Dobbs dissenters should have quoted that other passage from Justice Scalia about Justice Kennedy.

Reason

Scalia's "Prophecy" in Lawrence And The Joint Dissent in Dobbs

That awkward moment when Justice Breyer joins an opinion that criticizes his join in Lawrence.

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Reason

Bruen, Originalism, and Post-Enactment Practice

What role should liquidation play in originalism?

Reason

Red Flag June Continues As Lemon Is Finally Interred

Justice Gorsuch stabs the final pencil into the Lemon Test.

Reason

The Decade From NFIB To Dobbs

A very unexpected path.

Reason

A Scalia Clerk and A Stevens Clerk from OT 2007 Talk About Heller

"We think it’s clear that every member of the court on which we clerked joined an opinion — either majority or dissent — that agreed that the Constitution leaves elected officials an array of policy options when it comes to gun regulation"

Reason

Obscenity (Including as to Minors) and "the Work Taken as a Whole"

An isolated sexually themed passage, even a graphic one, doesn't make a work obscene.

Reason

Will Dobbs Be a Ticket Good for this Right Only?

What the Alito draft tells us about a possible future for same-sex marriage.

Reason

Don't Push A Pencil Through Lemon, Slice It In Half!

Will the Supreme Court finally overrule the Lemon test?

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