The brewing separation of powers conflict continues.
This may be the most Kavanaugh concurrence I have ever read.
The Acting SG relies on Justice Kavanaugh's footnote in Barton v. Barr (2020)
Barrett prevails in Minerva Surgical, Inc v. Hologic.
Justices Alito, Thomas, and Gorsuch dissent charge that the majority is "unwilling . . . [to] bear[] the criticism that would inevitably elicit" from denying cert.
SCOTUS turns away more original jurisdiction cases, declines case to overrule Smith, and rejects latest Grimm appeal.
For the first time in at least a decade, there were no opinions on the last Monday in June.
The Bar does not have authority to regulate all aspects of an attorney's speech.
Justices Gorsuch and Barrett disagree about the nature of extensions for students.
Justices Sotomayor and Gorsuch spar over the Peruvian delicacy.
In both cases, the Court made up a remedy that none of the parties requested. And Justices Gorsuch and Thomas are engaged in a deep and profound jurisprudential debate.
In every case, the Court refuses to grant any relief that would actually redress the Plaintiffs' injuries.
Part III-A-1 of Justice Alito's Collins opinion quietly endorses standing-through-inseverability, and is inconsistent with Justice Breyer's majority opinion in California.
There are citations to Circuit Judges Barrett, Sutton, Katsas, and others, plus scholarly writings from Scalia and Roberts
In at least four cases, Justices Ginsburg, Sotomayor, and Kagan were in dissent alone.
Why would Chief Justice Roberts let Justice Breyer write such an incoherent opinion?
For the first time, the 6-3 conservative majority powered a hard-right change in the law.
Wednesday brought four constitutional law decisions. Several biggies remain.
State and local governments may not "prohibit a religious organization from engaging in religious and other related activities"
An overview of the COVID-19 litigation concerning the Right to Keep and Bear Arms
And revisiting my (dreadful) predictions so far.
Justices Kavanaugh and Barrett joined the Chief who rewrote the statute to save its constitutionality.
The law is reviewed with strict scrutiny because of the exemptions. And the state's interest is not compelling because of the exemptions.
The Supreme Court "remand[ed] the case with instructions to dismiss." But the District Court never ruled on the Plaintiffs' request for injunctive relief.
Justice Breyer's citations do not add up.
Fewer relists, more grants, and far more Kagan dissents.
"As originally enacted in 2010, the Patient Protection and Affordable Care Act required most Americans to obtain minimum essential health insurance coverage."
"We made no effort to seek out scholars who we thought would answer yes to the question our Symposium poses."
In both South Bay II and Fulton, she wrote separately on the Free Exercise Clause.
Thomas, Alito, and Gorsuch are on the right. Roberts, Kavanaugh, and Barrett are somewhere to the left of the right. And Breyer, Sotomayor, and Kagan will do anything to form a majority.
Did the assignments change in both Fulton and California?
"By endorsing an anti-Semitic narrative that designates Jews collectively as 'oppressors,' responsible for systemic racism, while simultaneously denying Jewish ancestral identity, the DEI program fosters anti-Jewish sentiment and encourages hostility toward Jews."
If DOJ won't prosecute DOJ employees, then the judge will appoint a special prosecutor.
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