Articles

Welcome to SCOTUS Scoop

October 21, 2024 | By ANASTASIA BODEN

Note: The following is a preview of SCOTUS Scoop, a new biweekly email newsletter from Pacific Legal Foundation attorney Anastasia Boden. During the Supreme Court term, Anastasia will be helping subscribers understand what's happening at the Court, what certain cases mean for liberty, and what exactly the justices are saying.  gravityform id="6 ...

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Nobody (except the government) likes rational basis

December 05, 2024 | By ANASTASIA BODEN

We (and the Court) are back! Hope everyone had a happy and healthy Thanksgiving. This year I'm grateful that unlike Dayton, OH, my city hasn't criminalized charity… yet. This week the Court heard a highly anticipated case involving a law that bans surgeries, puberty blockers, and other gender affirming care for minors. But before we get to the ...

Articles

TikTok’s time’s up?

December 20, 2024 | By ANASTASIA BODEN

Happy Holidays! My gift to you is this incredibly informative (and perfectly charming) newsletter summing up the past two weeks at the Supreme Court.  TikTok time's up?  The Court announced yesterday that it will hear arguments in TikTok's challenge to a law requiring its China-based parent company to either sell the social media platform or ...

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TikTok, Texas, and President Trump’s Executive Orders

January 24, 2025 | By ANASTASIA BODEN

Happy New Year!  A lot has happened in the first couple weeks of 2025. In fact, a massive social media company has already managed to argue before the Court, get an adverse decision, shut down for a day, and be promptly revived! Let's get to it.  The so-called "conservative" Supreme Court justices split in a ruling against Trump, blowing crit ...

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Does SCOTUS ❤️ political accountability?

February 20, 2025 | By ANASTASIA BODEN

Happy Thursday, SCOTUS Lovers. There weren't any arguments over the past two weeks, but here's a quick update on what else was happening at the marble palace that never sleeps. Political accountability is for lovers On Valentine's Day, the Trump administration asked the justices to weigh in on the president's power to remove ...

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One man’s regulatory flexibility is another man’s regulatory nightmare

April 04, 2025 | By ANASTASIA BODEN

There's so much interesting stuff happening at the Court that you get not one, but two scoops of SCOTUS this week. In Part I, I'll discuss all of the opinions that were released over the past two weeks. In Part II, we'll recap some of the wild oral arguments. Let's dig in! Even after the demise of Chevron deference, the government is gonna win som ...

Articles

Can the government bust into your home with impunity? 

May 06, 2025 | By ANASTASIA BODEN

A lot of interesting developments. Thus, much like the Ninth Amendment, the inclusion of certain court orders, opinions, or oral arguments is not meant to deny or disparage the existence of others. There's just only so much space per scoop. Mo' cases, mo' problems The Court said it will hear USPS v. Konan, which was brought by a woman who says th ...

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The Supreme Court has to decide at some point. Why not now?

May 20, 2025 | By ANASTASIA BODEN

The Quiet Disappointments of Justice David Souter Former Supreme Court Justice David Souter has passed away. In my latest for the Daily Journal, I reflect on his tenure. Justice Souter's modesty, humility, and deference made him well-liked by others on the bench but left little to celebrate for those of us who believe that courts exist to protect ...

Articles

Faux diversity, real grift

May 30, 2025 | By ANASTASIA BODEN

**Non-Opinion Opinion Watch ** The Supreme Court released its opinion in a highly anticipated case about whether a group could become the nation's first religious charter school. Unfortunately, the case ended with a whimper, not a bang: Justice Barrett recused herself, leaving an equally divided 4-4 court to affirm the decision below and keeping ...