Thanks to Eugene for blogging about Justice Jackson’s shout-out, in FCC v. Consumers’ Research, to my Notre Dame Law Review article, The Myth of the Federal Private Nondelegation Doctrine. (I’m in Paris today and just saw Notre Dame from the top of the Eiffel Tower a few hours ago, so this makes sense.) He quoted […]
The Trump administration scored a notable legal victory today when the U.S. Supreme Court ruled 6–3 that federal district judges “likely exceed” their authority when they issue nationwide injunctions that entirely block federal laws or presidential orders from going into effect while legal challenges play out in court. The case, Trump v. CASA, arose from […]
The Supreme Court. (NA)  Today’s 6-3 Supreme Court decision in Trump v. CASA, Inc. barring nationwide injunctions is a grave mistake. It risks allowing the executive to engage in large-scale violations of constitutional rights, potentially in perpetuity. Exactly how bad it is depends on the extent to which other remedies might fill the gap left […]
A nice touch, I thought, in Justice Kagan’s dissent in today’s Free Speech Coalition v. Paxton: To account for that concession in its analysis—and yet avoid strict scrutiny, as it wishes—the majority relies on a well-known distinction in Firs Read More Article from Reason.com Reason MagazineThe Reason Magazine website is a go-to destination for libertarians […]
From today’s majority opinion by Justice Thomas in Free Speech Coalition v. Paxton: Age-verification laws like H. B. 1181 fall within States’ authority to shield children from sexually explicit content. The First Amendment leaves undisturbed States’ traditional power to prevent minors from accessing speech that is obscene from their perspective. Ginsberg v. New York (1968). […]
Now that the Supreme Court has issued its final opinion of the term, we can see which justices wrote the most, and which wrote the least. Majority opinion assignments were fairly uniform: All of the justices had six or seven opinions for the Court, save for the most junior justice, Justice Jackson, who had five. […]
When President Donald Trump announced the “Liberation Day” tariffs on most imports in early April, his trade advisors promised it was the prelude to new, better trade deals with dozens of other countries. “We’re going to run 90 deals in 90 days,” Peter Navarro, the White House’s top trade advisor, told Fox Business on April […]
From Justice Jackson’s concurrence today in FCC v. Consumers’ Research: Respondents in this case have challenged the Federal Communications Commission’s universal-service program under both the traditional nondelegation doctrine and the private nondelegation doctrine. The Court properly rejects both challenges today, and I join the Read More Article from Reason.com Reason MagazineThe Reason Magazine website is […]
Justice Barrett’s opinion for the Court in Trump v. CASA responds forcefully to Justice Jackson’s solo dissent, in what is likely the most pointed language we have seen from Justice Barrett since she joined the Court. Here is the relevant portion of her opinion. The principal dissent focuses on conventional legal terrain, like the Judiciary […]
F1 is not the best movie I have seen this year. It is formulaic, predictable, frequently absurd, and more than a little bit shameless. But while it is not the best, it is the most roaringly entertaining, a nearly perfect summer movie fueled by real movie star charisma, heart-stopping racing footage, and more than a […]
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