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Justice Elena Kagan accuses Supreme Court’s conservative majority of undermining democracy.
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Justice Elena Kagan accuses Supreme Court’s conservative majority of undermining democracy.

Some interesting comments from Justice Kagan today at the Catholic University of America, which I though were worth posting (mods, do delete if you disagree). She continues to be particularly upset with the result in *Rucho v. Common Cause*.…

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Salazar v. Paramount Global - [Oral Argument Live Thread]

Supremecourt.gov Audio Stream [10AM Eastern] Salazar v. Paramount Global Question presented to the Court: Whether the phrase “goods or services from a video tape service provider,” as used in the Video Privacy Protection Act's definition of “consumer,”…

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OPINION: Federal Communications Commission, Applicant v. Sherrod Brown

Caption Federal Communications Commission, Applicant v. Sherrod Brown Summary The Fourth Circuit’s mandamus order requiring the Federal Communications Commission to resolve an application for review within 48 hours of its entry is stayed because the order…

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Cert petition from SG: does the APA authorize universal vacatur of unlawful agency rules?

Here's a fun cert petition from the SG filed yesterday (docket): This case presents the important question whether federal courts have the authority to universally vacate agency rules under the Administrative Procedure Act (APA), 5 U.S.C.…

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CADC (2-1): Religious groups have standing to challenge ICE enforcement at houses of worship

Majority opinion from Judges Pan (Biden) and Wilkins (Obama): The Mayorkas Memo imposes a default policy: ICE agents and CBP officers generally may not enforce immigration laws at houses of worship, absent exigent circumstances or individualized…

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CA5: federal ban on interstate switchblade sales violates second amendment

Opinion: link From Judges Walker Elrod (G.W. Bush), Willett (Trump I), and Wilson (Trump I): We determine that switchblade knives qualify as “Arms” and are covered by the “plain text” of the Second Amendment.…

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SCOTUS (8-1) cites Purcell to stay injunction requiring New Hampshire to revise guidance around student ID / voter ID

New Hampshire eliminated student IDs as a standalone form of voter identification in April 2026. District Court Judge Joseph Laplante (G.W. Bush) declined to block the law but ordered the state to correct certain guidance before the November election,…

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Rodriguez v. Vergara: CA5 en banc (10-7) holds that mandatory detention pending removal proceedings of aliens who have not been admitted to the United States does NOT violate Fifth Amendment Due Process

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CA9: lack of sexual partners doesn't disprove claims of bisexuality

From judges Smith (G.W. Bush), Bennett (Trump I), Mendoza Jr. (Biden). Summarized by the court: Petitioner applied for relief based on his membership in a proposed social group consisting of “the LGBT community” or “queer Russian men.” He claimed…

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Ninth Circuit dismisses appeal by DOJ to set aside 20,000 California mail ballots

This was by a 2 (Bennet and Sanchez)-1 vote (Bumatay)- with a per curiam, two concurrences, and a dissent. The per curiam focuses on jurisdiction- the district court judge has not ruled on the TRO, which and the panel rejects the government's theory that…

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CA9: The Federalization and Deployment of the California National Guard in the Summer of 2025 was Illegal

This is about actions taken last summer to bring under federal command units of the California National Guard and to deploy them, primarily in the LA metropolitan area, in response to civil disturbances.…

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