The essay traces how Chief Justice John Roberts steadily dismantled Humphrey’s Executor through a trilogy of removal-power cases, culminating in Trump v. Slaughter, which lets the president unilaterally fire leaders of nearly all independent agencies.
— via SCOTUSblog, Rodger Citron
An outside contributor argues the Supreme Court should leave intact the 5th Circuit's ruling upholding Texas's law requiring Ten Commandments posters in classrooms. The argument is that the Kennedy v. Bremerton historical-practices test replaced Lemon, undercutting Stone v. Graham, and that the text carries a secular legal-heritage meaning.
— via SCOTUSblog, Jordan Lorence
A New York appellate court held that a bridal-wear business violated state law by refusing to sell an already-designed, publicly marketed jumpsuit for a same-sex wedding. The First Amendment did not shield it, since selling the garment is not expressive speech and the law is neutral toward religion; $5,000 in damages and a $20,000 penalty were upheld.
— via Volokh Conspiracy (Reason), Eugene Volokh
The Supreme Court paused a federal judge's ruling, letting New Hampshire bar student IDs as valid photo ID for obtaining a ballot, citing the Purcell principle against late changes to election rules. Justice Jackson was the lone dissenter.
— via SCOTUSblog, Amy Howe
Reason is selling two years of its magazine for $17.76 as a July 4 deal tied to America's 250th anniversary. The pitch frames the subscription as a way to celebrate independence with what it calls a trusted source of honest, insightful news and analysis.
— via Volokh Conspiracy (Reason), Josh Blackman
On Nov. 3 the Supreme Court hears St. Mary Catholic Parish v. Roy, a challenge to Colorado's rule that preschools in its universal program cannot turn families away over sexual orientation or gender identity. A string of recent rulings has already shifted the religion clauses sharply toward free exercise and away from a church-state wall.
— via SCOTUSblog, Erwin Chemerinsky
Arizona's Supreme Court unanimously approved Grand Canyon University's law school as the state's first without ABA accreditation, opening a path for its graduates to seek admission to the Arizona bar. Chief Justice Ann Scott Timmer cited a "significant shortage of attorneys," while GCU's graduates may have limited options to practice outside Arizona under current rules.
— via Above the Law, Staci Zaretsky
A passing driver with a concealed handgun license ran into Silver Rail Elementary in Bend, Oregon, and shot the teenage gunman who had already killed three boys and a teacher. The district is one of only 25 of Oregon's 197 that have adopted a policy making it a crime for license holders to carry on school grounds.
— via Volokh Conspiracy (Reason), Stephen Halbrook
Reason is marking America's 250th birthday with a July 4 subscription special: two years of the magazine for $17.76. The offer pitches the magazine as a source of honest, insightful news and analysis.
— via Volokh Conspiracy (Reason), Josh Blackman
Chicago can seize and sell cars from drivers with as few as two unpaid parking tickets, without paying owners anything, and the Supreme Court just let that policy stand. Sotomayor, joined by Gorsuch, said she has "serious concerns" about the 7th Circuit's ruling but wants more appeals courts to weigh in first.
— via SCOTUSblog, Amy Howe
Reason is selling two years of its magazine for $17.76 as a July 4 special tied to America's 250th anniversary. The pitch frames the subscription as a way to celebrate independence.
— via Volokh Conspiracy (Reason), Josh Blackman
Reason is selling two years of its magazine for $17.76 to mark America's 250th anniversary, with the price nodding to 1776. The July 4 deal is pitched as a way to celebrate independence with what the magazine calls its honest, insightful news and analysis.
— via Volokh Conspiracy (Reason), Josh Blackman
Under the Ninth Circuit's Miller v. Gammie rule, panels must follow circuit precedent unless it is "clearly irreconcilable" with a later Supreme Court ruling, and Judge VanDyke says that means the Supreme Court's guidance reaches little beyond the cases it actually decides. In a dissent joined by Judges Bumatay and Tung, he urges the justices to overturn the rule so three-judge panels can apply their newer decisions.
— via Volokh Conspiracy (Reason), Eugene Volokh
Reason is offering a two-year subscription for $17.76 as a July 4 special tied to America's 250th anniversary. The magazine pitches the deal as a way to celebrate independence with what it calls a trusted source of news and analysis.
— via Volokh Conspiracy (Reason), Josh Blackman
A federal judge in Brooklyn ruled that even if federal law did preempt New York City's sanctuary policies, the Tenth Amendment's anticommandeering doctrine would still block the Trump administration's suit. The ruling leans heavily on Murphy v. NCAA, a 2018 decision written by Justice Alito and joined by all the other conservatives then on the Court.
— via Volokh Conspiracy (Reason), Ilya Somin
A 151-page research dump argues the Founders only banned guns at courts, legislatures and polling places because armed guards were already stationed at the door. That history is now colliding with state laws that declare whole forests "sensitive places" while posting no security at all.
— via Volokh Conspiracy (Reason), Stephen Halbrook
A new book traces why America relies on private lawsuits to enforce public law, back to colonial-era molasses trade disputes. The author surveys roughly 10,000 state statutes and argues the model beat France's government-only approach when oil spills hit both countries.
— via Balkinization, author
Two years of Reason magazine for $17.76, timed to the 250th anniversary of American independence. The subscription price doubles as the pitch: honest, insightful news at a rate pegged to 1776.
— via Volokh Conspiracy (Reason), Josh Blackman
The Supreme Court got a basic fact wrong in Matal v. Tam: it called The Slants' founder and bassist the band's lead singer. The actual bassist explains how that error, and others, reveal a bigger gap between the landmark First Amendment case as taught and how it really unfolded.
— via Volokh Conspiracy (Reason), Eugene Volokh
A two-year Reason subscription for $17.76, timed to the Fourth of July. The price nods to 1776, not a typo.
— via Volokh Conspiracy (Reason), Josh Blackman
