Tag: Neil Gorsuch

The Supreme Court Takes on the Chaos-World of Federal Immigration Priorities

This argument drew intense questioning from justices who had previously served on the D.C. Circuit Court of Appeals, which hears a disproportionate number of cases involving federal agencies and regulations. “Your position on vacatur, that sounded to me to be fairly radical and inconsistent with those of us who were on the D.C. Circuit,” Roberts, […]

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The Future of Tribal Sovereignty Is in the Supreme Court’s Hands

Court watchers have advanced myriad theories as to why Gorsuch, more than any other justice, appears to have taken such an interest in this issue. Some have attributed it to his service on the Tenth Circuit Court of Appeals, which spans most of the Mountain West and hears a great many Indian law cases. Others […]

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The Future of Tribal Sovereignty Is in the Supreme Court’s Hands

Court watchers have advanced myriad theories as to why Gorsuch, more than any other justice, appears to have taken such an interest in this issue. Some have attributed it to his service on the Tenth Circuit Court of Appeals, which spans most of the Mountain West and hears a great many Indian law cases. Others […]

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Obama says ‘we’d have a very different Supreme Court’ if Dems had kept the Senate in 2014

Former President Obama on Saturday said that the makeup of the Supreme Court would be very different if Democrats had held onto the Senate in the 2014 midterms, laying out the importance of this midterm cycle, particularly on the future of reproductive rights. “If we have kept the Senate in 2014, we’d have a very […]

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The Supreme Court Gets a Chance to Revisit America’s Imperialist Past

There is no way to know in advance whether the justices will take up a specific case. If they decline to do so here, they may be influenced by the arguments raised by the government of American Samoa itself, which opposed the plaintiffs’ effort to get the courts to extend birthright citizenship to the territories. […]

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Trump’s Personal Coup Lawyer Looks to the Supreme Court for His Next Election Fix

When it comes to originalist views on the matter, the lawmakers conceded that a few early state constitutions imposed limits on state laws for federal elections. Instead of treating this as evidence that it was not unthinkable during the founding era, they argued that these laws’ existence leads them to the opposite conclusion. “The three […]

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The Next Big Threat to American Democracy Is Headed to the Supreme Court

Since that ruling seven years ago, the court’s composition has significantly changed. Three of the four dissenting justices—Roberts, Justice Clarence Thomas, and Alito—are still on the court. The seat held by the fourth dissenter, Antonin Scalia, is now held by Justice Neil Gorsuch, who has himself written opinions that suggest he would favor the theory. […]

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The Supreme Court’s Conservatives Love a Good Story, Facts Be Damned

If anything, Sotomayor may have understated things. When the case went through the Ninth Circuit Court of Appeals, Judge Milan Smith chastised some of his more conservative colleagues for giving an incomplete account of how Kennedy’s dispute had unfolded. “Kennedy engaged in private prayer for several years,” he wrote. “But when BSD learned that he […]

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How the Calvinball Supreme Court Upended the Bar Exam

What’s more, it raises fundamental questions about the meaning of “the rule of law” in America today. This concept has been a foundational premise (perhaps, in our own mythmaking at least, the foundational premise) of American government since our founding—that we are, as John Adams put it, “a government of laws, not of men.” The […]

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Sure, Impeach Clarence Thomas—but That’s Just for Starters

That’s the only sword Democrats and liberals have. They have to threaten to use it. Reminding the voting public again and again that the conservatives all lied their way onto the court will help lower their stature, and lowering their stature is the only way to pressure them to care about raising it by not […]

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The Supreme Court Appoints Itself to Be America’s Regulatory Czar

Although the EPA’s reading of “best system” was substantively accurate, and, indeed, essential to the agency’s assigned mission of cost-effectively and permanently bringing carbon dioxide emissions under control, Roberts disallowed the approach. This, he asserted, was because it ran afoul of something called the “major questions” doctrine. Revealingly, Roberts never defined precisely what he understood […]

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