Bray and Bagley on Trump v. CASA
Two worthwhile commentaries on the Supreme Court's decision to curtail universal injunctions.
Amy Coney Barrett
Why Did Justice Kagan Write So Little This Term?
Other than the Chief, Justice Kagan wrote the fewest opinions.
Justice Barrett on Justice Jackson in Trump v. CASA
The two newest justices spar over universal injunctions.
Supreme Court Rejects Constitutional Challenge to State Limits on Sex Transition Treatments for Minors
The Court's majority avoids the larger question of whether laws targeting transgender individuals should be subject to heightened scrutiny, but Justice Barrett did not.
What Have We Learned about Justice Barrett? (Updated)
Perceptions of Amy Coney Barrett may have changed more than her jurisprudence or voting record.
Did Justice Barrett Flip in PennEast Pipeline?
An interesting tidbit from today's NYT profile of Justice Amy Coney Barrett
The Divisions Among the Court's Originalists
Professor Joel Alicea on how to understand what may be the most important jurisprudential divisions on the Supreme Court.
Is the Supreme Court Really That Divided? The Facts Say No.
Unanimous rulings on discrimination, guns, and religion once again challenge the common media narrative that the Court is hopelessly polarized.
Is Justice Barrett "Solidifying Herself as the Swing Justice"?
Claims that Justice Amy Coney Barrett is at the center for the Court are not supported by the data. The truth is more complicated.
Biden's Supreme Court Reforms Are Unnecessary and Wrong
The Supreme Court is not as “extreme” or divided as it may seem.
Trump Values Judicial Independence Only When It Benefits Him
His criticism of President Joe Biden’s proposed Supreme Court reform is hard to take seriously.
Learning to Like the "Loneliest Justice"
That some legal commentators are surprised by Justice Barrett may say more about Court commentary (and the way she was caricatured when nominated) than it does about Justice Barrett.
Ketanji Brown Jackson Joins Conservative Justices in Upending Hundreds of January 6 Cases
Her concurrence is a reminder that the application of criminal law should not be infected by personal animus toward any given defendant.
The Supreme Court Isn't as Radical as You Think
There is a great deal of panic surrounding the "extreme" nature of the current Court. But that is often not based in reality.
The Supreme Court's Dubious Use of History in Department of State v. Munoz
Justice Amy Coney Barrett's majority opinion includes significant errors, and violates some of her own precepts against excessive reliance on questionable history.
Of Babysitters and Major Questions
Survey data casts doubt on the textualist rationale for the major questions doctrine that I and others have advanced. But perhaps not as much doubt as it might seem.
Justice Barrett's Textualist Defense of the Major Questions Doctrine
In today's student loan decision, Justice Barrett offers a textualist rationale for this controversial rule. I have made similar arguments myself.
Kavanaugh v. Gorsuch -- The Return
Today's opinions are a requel to prior splits among the most recent Republican appointees to the Supreme Court.
An Unusual Supreme Court Split in Bittner v. United States
The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.
The 3rd Circuit Considers Whether Nonviolent Crimes Justify the Loss of Second Amendment Rights
Because of a misdemeanor welfare fraud conviction, Bryan Range is no longer allowed to own guns.
Justice Barrett Says "Read the Opinion"
The Associated Press reports on the junior-most Justice's remarks at the Reagan library.
Amy Coney Barrett Declines To Block Indiana University COVID-19 Vaccine Requirement
The university's vaccine requirement will remain in force.
Did Justice Barrett Lose the Majority in the PennEast PIpeline Case?
The junior justice wrote only four signed opinions in argued cases, but had several dissents from the April sitting.
Justice Barrett's First Opinion as a Justice
The newest justice makes her debut in a brief concurrence on the shadow docket.
What Amy Coney Barrett Got Wrong About Lochner
Justice Barrett should revisit her views on this wrongly maligned case.
Disarmed but Not Dangerous
A challenge to the federal ban on gun possession by people convicted of felonies gives SCOTUS a chance to rectify its neglect of the Second Amendment.
Thoughts on Today's Oral Argument in California v. Texas - the Obamacare Severability Case
It is not clear how the Court will ultimately resolve the case. But it is obvious that a majority of justices oppose invalidating the entire Affordable Care Act.
The Supreme Court's Latest Obamacare Case Is a Massive Troll of Chief Justice Roberts
Democratic warnings that Amy Coney Barrett would threaten Obamacare were predictably overblown.
Motion for Justice Barrett to Recuse Is Withdrawn
Attorneys for Luzerne County are no longer asking the newest justice to recuse from Pennsylvania election litigation.
Motion to Recuse Justice Barrett Filed, But County Wants It Withdrawn
The motion was submitted on behalf of the Luzerne County Board of Elections but Luzerne County has voted to have the motion withdrawn.
Does the Supreme Court Need Fixing? If So, Why and How?
Decisions that progressives don't like are not necessarily a sign that something has gone horribly wrong.
Should Justice Barrett Recuse from 2020 Election Litigation? (Updated)
There's no precedent for a recusal, but there's also no precedent for the current situation.
The Senate Has Confirmed Amy Coney Barrett to the Supreme Court
All Democrats voted in opposition, making Barrett's confirmation the most partisan since Reconstruction.
Amy Coney Barrett on Lochner and the 14th Amendment
The Supreme Court nominee weighs in on a famous case.
What Should Have Happened at the Amy Coney Barrett Hearings
"This is probably not about persuading each other unless something really dramatic happens," said Sen. Lindsey Graham (R–S.C.)
Amy Coney Barrett's "Suspension and Delegation"
As a professor, Judge Barrett expressed a skepticism of Executive Power that is uncommon among Republican nominees.
Amy Coney Barrett's Confirmation Hearings Were a Master Class in Political Posturing
Americans likely learned very little about her judicial philosophy.
A Qualified Defense of Supreme Court Confirmation Hearings
They have serious flaws, many of which are on display this week. But we are still better off with them than without them.
These 7th Circuit Decisions Suggest Amy Coney Barrett Takes a Constrained View of Qualified Immunity
In several cases, the Supreme Court nominee voted to allow civil rights lawsuits against officers accused of misconduct.
"Does Owning a Gun Make a Judge's Second Amendment Rulings Suspect?"
"Barrett says she owns a gun, but could fairly judge a case on gun rights" -- why the "but"?
Judging From His Grilling of Amy Coney Barrett, Sen. Richard Durbin Thinks Voting Is More Important Than Staying Alive
The senator thinks people with felony records should lose the right to armed self-defense but not the right to cast a ballot.
Lindsey Graham Asked Amy Coney Barrett About Polygamy and People Got Mad Online
Why are LGBT leaders letting the antigay senator frame polyamory as something bad and wrong?
Does Owning a Gun Make a Judge's Second Amendment Rulings Suspect?
If that standard were applied to other constitutional rights, no one would be left to enforce them.
If Amy Coney Barrett Has To Apologize for Saying Sexual 'Preference,' Does Joe Biden?
Sens. Mazie Hirono and Cory Booker both criticized the Supreme Court nominee for saying "preference" instead of "orientation."
No, Amy Coney Barrett Isn't Part of a 'Dark Money' Plot To Overturn Gay Marriage and Abortion
Such theories are not based in fact.
Defending Amy Coney Barrett, Ted Cruz Highlights the Threats That Democrats Pose to Civil Liberties
The Texas senator notes the opposing party's blind spots on freedom of speech and the right to arms.
