Justice Kavanaugh’s concurrence in FCCÂ v. Consumers’ Research is one of his most significant separate writings. He lays out a roadmap for how he sees the separation of powers, and in particular the removal power cases. First, as I was reading Justice Kavanaugh’s concurrence, I could hear the voice of a former White House lawyer. Indeed, […]
In Employment Division v. Smith, Justice Scalia identified the concept of hybrid rights: a restriction that targets two constitutional rights would be reviewed with heightened scrutiny. For example, a ban on saying “Merry Christmas” would offend both the freedom of speech and the free exercise of religion. The hybrid rights doctrine was a useful way for […]
There is an exception to the mootness doctrine, known as “Capable of repetition, yet evading review.” The most prominent example of this doctrine occurs in abortion cases. A pregnancy lasts about nine months, while a challenge to an abortion restriction lasts much longer. The courts have allowed such litigation to continue, even after the pregnancy […]
I continue to make my way through the final decisions of the term. Next up is Gutierrez v. Saenz. At first blush, this is the sort of case you might skip over. Can a convicted murderer sue the District Attorney under Section 1983 to force him to test potentially exonerating DNA evidence? This dispute turns, in […]
Co-blogger Josh Blackman here acknowledges that he hasn’t been following the legal developments in the TikTok case too closely, and that his reaction to the Attorney General’s claim that the President had “nullified the legal effects of a statute passed by large bipartisan majorities in 2024” is “schaudenfreude.” For more than a decade, I’ve written […]
Maryland is facing a $3 billion budget gap that it hopes to close with a new “tech tax.” The first-in-the-nation tax, which took effect on Tuesday as part of the state’s budget bill, imposes a 3 percent levy on “the sale of many informational technology services,” reports Maryland Matters. The tax could generate approximately $747 […]
This is part of Reason‘s 2025 summer travel issue. Click here to read the rest of the issue. The Church of the Holy Sepulchre, traditionally identified as the site of Jesus Christ’s crucifixion and resurrection, is shared by half a dozen denominations under a baroque “status quo” agreement signed in 1757. The agreement, which could be […]
I’ll admit, I have not followed all of the legal developments in Trump 2.0 carefully. During the first administration, I closely tracked nearly every policy and district court ruling. It was exhausting. This time around, I’ve triaged. If I’ve written about something, it means I am following the issue. If I haven’t written about it, […]
Four decades ago, Justice O’Connor observed that the Supreme Court’s “abortion decisions ha[d] already worked a major distortion in the Court’s constitutional jurisprudence.” In the wake of Dobbs, the Court is slowly but surely eliminating that distortion field. Or as I put it, the Court is ending the epicycles of Roe. Medina v. Planned Parenthood […]
7/5/1867: Justice James Wayne dies. Justice James Wayne The post Today in Supreme Court History: July 5, 1867 appeared first on Reason.com. Read More Article from Reason.com Reason MagazineThe Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and […]
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