One year since Justice Ginsburg's passing on the Jewish calendar.
Carter Snead: "Texas responded to this futile cycle by adopting a strategy developed by progressives to root out fraud against the government": citizen suits.
At some point, some abortion provider will try to set up a test case to challenge S.B. 8.
If you want to win before a conservative Supreme Court, you must learn to use the lingo of conservative Justices.
President Biden is wrong: The Supreme Court lacks the “supreme authority to ensure justice could be fairly sought.”
But who would the United States sue?
The ACLU endorses a dictum from Prince v. Massachusetts (1944) that predated modern Free Exercise Clause jurisprudence.
Chief Justice Roberts dissented, and would have "preclude[d] enforcement of S. B. 8 by the respondents." But it isn't clear how the named respondents could enforce the law.
I hope the Justices, and their clerks, exercise even greater discipline to avoid further leaks.
Contributions from Katsas, Maggs, Stras, Ho, Hardy, Ryan, Rao, and Garnett
Twenty-five years ago, the official biographer was paid $600,000. Timothy Flanigan is in no hurry.
This article for the Cato Supreme Court Review—my fourth—considers the legal arguments that California v. Texas declined to reach.
"There are a lot of blurred things there, and there are many considerations. They form a whole. I’ll make a decision."
This shadow docket ruling, combined with Biden v. DHS, may be the most significant administrative law rulings of the Term.
The Biden Administration went 0-2 in 48 hours at the Supreme Court.
A new word, coined from DHS v. Regents and Biden v. Trump
I had read the 183-page opinion that morning, and lectured about it in the afternoon.
From Trump to Biden, from Citizens United to Dobbs, from Roe to Casey.
Over the past decade, articles in YLJ, HLR, and SLS have averaged 37,582, 35,917, and 31,725 words, respectively.
Two emergency applications filed on Friday afternoon. Which ones will be granted?
"Unless this Court vacates the stay—and does so promptly—Congress will know that it can legislate through pressure campaigns and sit-ins rather than bicameralism and presentment."
I wrote an extended discussion of the significance of the $5 fine in 1905.
In the 10th Circuit, vaccinated attorneys can argue in person. Unvaccinated attorneys must seek leave to appear via video.
Some DOJ press person followed an expurgation policy, imprecisely.
"On certain issues, such as national security law, immigration, and constitutional law, I had different 'kitchen cabinets' that I consulted regularly."
We covered everything from school-mandates to society-mandates.
