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.
Amy Coney Barrett
In today's student loan decision, Justice Barrett offers a textualist rationale for this controversial rule. I have made similar arguments myself.
The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.
Because of a misdemeanor welfare fraud conviction, Bryan Range is no longer allowed to own guns.
The university's vaccine requirement will remain in force.
The junior justice wrote only four signed opinions in argued cases, but had several dissents from the April sitting.
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.
Democratic warnings that Amy Coney Barrett would threaten Obamacare were predictably overblown.
The motion was submitted on behalf of the Luzerne County Board of Elections but Luzerne County has voted to have the motion withdrawn.
Decisions that progressives don't like are not necessarily a sign that something has gone horribly wrong.
There's no precedent for a recusal, but there's also no precedent for the current situation.
All Democrats voted in opposition, making Barrett's confirmation the most partisan since Reconstruction.
The Supreme Court nominee weighs in on a famous case.
"This is probably not about persuading each other unless something really dramatic happens," said Sen. Lindsey Graham (R–S.C.)
Americans likely learned very little about her judicial philosophy.
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.
"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.
Why are LGBT leaders letting the antigay senator frame polyamory as something bad and wrong?
If that standard were applied to other constitutional rights, no one would be left to enforce them.
Sens. Mazie Hirono and Cory Booker both criticized the Supreme Court nominee for saying "preference" instead of "orientation."
Such theories are not based in fact.
The Texas senator notes the opposing party's blind spots on freedom of speech and the right to arms.
Republicans understandably prepared for attacks on Barrett's faith which thankfully haven't materialized.
Democratic Warnings That Confirming Amy Coney Barrett Would Doom Obamacare Are Implausible and Confused
There is little reason to think Barrett would vote to overturn the Affordable Care Act, which in any case seems legally secure.
Plus: $150,000+ in fines in NYC's first weekend of new shutdowns, California ballot-box confusion, and more...
She's unlikely to cast a vote to strike down the law as a whole, and unlikely to have a decisive impact on its fate even if she does.
National Law Journal Symposium on Possible Questions for Judge Amy Coney Barrett's Confirmation Hearings
The National Law Journal asked several legal commentators to suggest questions for the president's Supreme Court nominee.
When it comes to criminal justice and abortion, Barrett and Ginsburg may have far more in common than conservatives and progressives seem to realize.
Does participation in a moot court require recusal?
"If it were me, I would certainly put my nominee forth," Jorgensen says. Partisan bickering over the confirmation process is just "politics as usual."
Judge Amy Coney Barrett participated in a moot court of Texas v. California, and it did not go well for the challengers.
The 7th Circuit judge’s track record suggests she would frequently be a friend of civil liberties.
Major-party politicians avoid tax simplification almost as aggressively as the rich avoid taxation, argue the Reason Roundtable panelists.
Noah Feldman explains why liberals should want someone like Amy Coney Barrett on the Supreme Court
Amy Coney Barrett Condemns Purdue University's 'Fundamentally Unfair' Adjudication of Sexual Assault Claims
The opinion, which suggests a strong concern about due process, will nevertheless be cited as evidence of the SCOTUS nominee's "uniformly conservative" record.