HeyJaredRichard Re
- Indexed articles, last 90 days
- 3
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- Aug 28, 2026
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- Jul 7, 2026
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The Supreme Court’s realignment roundup: October Term 2025 (opens the original)
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A legal realignment has been underway for some years now, in that legal views once associated with the right are now being espoused by the left, and vice versa. This post explores that point as to the Supreme Court’s October Term 2025, adapting the categories I used in my Harvard Law Review foreword for the preceding year. Originalism was for many years the asserted lodestar of conservatives like Justice Antonin Scalia and the bane of liberals like Justice Stephen Breyer. That alignment made sen
A court trapped in amber (opens the original)
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In United States v. Rahimi, the Supreme Court denied that the Second Amendment is “a law trapped in amber.” That metaphor has now exploded onto constitutional law, appearing in six Supreme Court cases this term and hundreds of lower court opinions. Somehow, an expression that traces back to 1970s liberals has become au courant at the most conservative Supreme Court in generations. What’s more, the metaphor is a negative one. Rather than tell us what the law is, the court’s viral expression tells
Is Chief Justice Roberts moderating from the front? (opens the original)
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Many commentators have complained that Chief Justice John Roberts has shown himself not to be a true institutionalist but rather a conservative ideologue. Hillary Clinton recently provided an example, suggesting that the chief justice had never been an institutionalist at all. There is something right about this view, but it misses that institutionalism must adjust to changing conditions. In the past eight years, the chief justice has occupied three different institutional roles. Before 2020, an
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