Does Ex Parte Young find an "Analogue in the Relief Exercised in the English Court of Chancery"?
Yet, neither the majority nor the dissent cited Bruen
Justice Thomas tries to Bruenify free speech doctrine, but I'm not sure it will work.
The New York Times admits that Trump is going further than Buckley, Reagan, Goldwater, and Taft "might have imagined possible"
Or, from one swamp to another swamp.
Thomas may attempt to recast Pierce as a Free Exercise case, but it cannot be understood in that fashion.
The Court continues avoiding the Smith issue, but in an unexpected way.
The Court finds that the government cannot indirectly coerce children who are exercising their religious beliefs, but the government can indirectly coerce children who are not exercising their religious beliefs.
The judge also granted TRO of a statute without even addressing any of the usual factors.
If this is the best the law deans can muster, SCOTX should seriously reconsider what value the ABA provides.
Kennedy v. Braidwood Management, Inc. follows in the ignoble tradition of NFIB, King, and California.
"Officers of the United States" can exercise "significant authority," but employees cannot.
The intelligible principle test and Employment Division v. Smith are likely safe from Justices Kavanaugh and Barrett.
Justice Kavanaugh parts ways with Justice Gorsuch on the non-delegation doctrine, but charts two paths for independent agencies.
"A meritless public non-delegation challenge plus a meritless private nondelegation challenge cannot equal a meritorious 'combination' claim."
Justice Kagan mows down many circuit precedents without much explanation.
Once again, Justice Thomas raises questions the other Justices simply do not wish to answer.
The Court faults lower courts for not anticipating the abandonment of Wilder and other Section 1983 precedents.
Justice Sotomayor used a catchy line in her dissent that most law students today will not understand.
"Those who founded our country would not recognize [Justice Kennedy's] conception of the judicial role."
"What is good for Texas is not necessarily good for the University of Texas, and vice versa."
The ACLU's cert petition is denied, and several other petitions are GVR'd.
