I don't get the random questions Justice Barrett raises, and I'm not sure why she didn't mention her reservations in Hansen..
Seth Barrett TIllman and I write about our experience in Judge Cannon's court, before the decision yesterday.
But she did smuggle in a dictum that echoes Harvard's 2005 amicus brief about expressive activity in the classroom.
Ambition does not check ambition. Erudition checks opposition.
I think it is clear that Justice Alito lost the majority, but the resulting schizophrenic opinions still do not cohere.
The primary effect, if not purpose, of international law, is to use lawfare to punish Israel, and by extension, the United States.
The first in a multi-part series about my recent mission to Israel.
Good riddance to special counsel investigations of the President.
A guest post from Professor Rob Natelson
No one asked the Court to reverse Nixon v. Fitzgerald. And the Court found that the civil and criminal contexts cannot be distinguished. The decision should not have been a surprise.
Justice Gorsuch's majority opinion in Grants Pass leaned heavily on cert-stage and merit-stage amicus briefs from progressive jurisdictions.
This issue arose when VP Pence asserted immunity under the Speech or Debate Clause.
Even if an erroneous precedent cannot be overruled, isolate the damage, and decline to extend it to new circumstances.
Are camping laws regulation of "conduct" by homeless people or the "status" of being homeless?
Chief Justice Roberts's majority decision in Trump v. United States undermines key aspects of Mueller's framework.
Justice Sotomayor's rhetoric in Trump v. United States mirrors the claims from Trump impeachment 1.0
We know that she didn't agree on the evidentiary issue. Beyond that, the disjunction is unclear.
Justice Thomas demonstrates why Justice Scalia erred in his letter to Tillman.
Trump v. United States favorably cited Chief Justice Marshall's pseudonymic essay defending McCulloch v. Maryland.
Defenders of the Mueller investigation routinely argued that the threat of civil enforcement was worse than a federal prosecution.
Official, Individual, and Personal.
Chief Justice Roberts sought to put an end to Lawfare against the presidency.
President Biden nominated the non-prevailing attorneys in Dobbs and SFFA to the First and Fourth Circuits, respectively.
McConnell: "Dismantling the administrative state and empowering people who are actually elected to make decisions has been the motivating force" for nearly every "Federalist Society-type lawyer."
Justice Jackson's "participation" in Relentless and SFFA further demonstrates why the usual recusal rules will not work for the Supreme Court.
How will the Board of Immigration Appeals operate in a world without Chevron?
Justice Thomas agrees with the "lion's share" of Justice Gorsuch's concurrence.
SCOTUS GVR's Range, sends Second Amendment to inferior court purgatory.
It was not the Fifth Circuit.
Alito had only four majority opinions this term, while Roberts, Thomas, Sotomayor, and Kagan all had seven.
Download the edited version from the 2024 Barnett/Blackman supplement.
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