"Originalism and Stare Decisis in the Lower Courts"
The Free Exercise Clause, the Establishment Clause, and the Third-Party Harm Doctrine.
"Congress has comprehensively detailed the rules by which noncitizens may enter and live in the United States."
Thomas on the Rehnquist Court: “We may have been a dysfunctional family, but we were a family.”
"We are vulnerable."
These leaks from a "conservative" look designed to quell controversy.
If you don't like what Bracton said about abortion, wait till you read what he wrote about hunting foxes.
I offer a taxonomy to measure Supreme Court leaks, with three primary variables: (1) timing, (2) details, (3) impact.
I have ten general observations.
There is not a single definition of liberty.
"Unfortunately personal attendance became impractical, and I apologize for everyone for the change in plans."
The leaked opinion places the public "on notice . . . regarding this Court’s misgivings about" Roe.
Judge Ho: "There are good reasons to believe that the doctrine of absolute prosecutorial immunity is wrong as an original matter."
This ultimate breach in Court confidentiality provides yet one more reason why the Supreme Court must exit the arena of abortion.
What should SCOTUS do when everyone already knows the outcome of a case?
"I refer to an article that appeared on September 30, 1991, in The Legal Times, which purported to report in some detail on the contents of preliminary drafts of the majority and dissenting opinions."
"Yet I have little doubt as to the inherent power of the Court to protect the confidentiality of its internal operations by whatever judicial measures may be required."
The penultimate paragraph of Part IV provides the course of action going forward.
Once again, the "fatal conceit" of the long game becomes clear.
Speculating on how the apparent Dobbs first draft from Feb. 10, 2022 was leaked.
My instant reaction to Leakgate.
The purported majority opinion by Justice Alito is 98-pages long.
Justice Gorsuch's Shurtleff concurrence places yet another nail in Lemon's crypt.
"And like any factorized analysis, this approach cannot provide a principled way of deciding cases."
"Built in the late 1960s, Boston City Hall is a raw concrete structure, an example of the brutalist style."