Judiciary — Recent Opinions

A sourced SI textualist re-decision appears here once it passes automated checks.

A sourced SI textualist re-decision appears here once it passes automated checks.

A sourced SI textualist re-decision appears here once it passes automated checks.

A sourced SI textualist re-decision appears here once it passes automated checks.

A sourced SI textualist re-decision appears here once it passes automated checks.

A sourced SI textualist re-decision appears here once it passes automated checks.

No editorial review recorded. This historical SI draft was machine-generated by software; check it against the original source.

FECA's political-party coordinated-expenditure limits are facially valid under the First Amendment as a regulation of campaign conduct, not speech.

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Both Democrats and Republicans have an interest in election integrity and preventing corruption. A textualist holding that coordinated spending is regulable conduct under Article I, Section 4 honors the original meaning of the First Amendment without inventing new rights.…

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Children born in the United States to parents unlawfully or temporarily present are not citizens under the Fourteenth Amendment unless Congress provides otherwise.

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This holding honors Republican priorities of enforcing immigration laws and defining citizenship strictly, while also honoring Democratic priorities of textual fidelity and respect for the original meaning of the Constitution. It avoids judicial activism by grounding the…

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State power to define women's sports by biological sex is constitutionally sound under the Tenth Amendment and Title IX as originally understood.

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Democratic priorities honored: preserves state autonomy to expand women's sports participation and protect Title IX's original promise of equal athletic opportunity for biological females. Republican priorities honored: reinforces federalism (Tenth Amendment) and textualist…

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Children born in the United States to parents unlawfully or temporarily present are not 'subject to the jurisdiction' of the United States and thus not citizens at birth under the Fourteenth Amendment.

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This textualist holding respects the original meaning of the Fourteenth Amendment, honors Congress's plenary power over naturalization under Article I, Section 8, Clause 4, and reserves to the political branches the authority to define the scope of birthright citizenship.…

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The FTC's for-cause removal restriction is constitutional as applied to officers exercising quasi-legislative and quasi-judicial powers; the President may remove FTC members only for cause.

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This holding honors Democratic priorities by preserving independent regulatory agencies as originally designed — a core Progressive and New Deal institutional architecture that Congress enacted to protect consumer protection, antitrust enforcement, and economic regulation from…

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Re-decided holding: The government's acquisition of Google Location History data via a geofence warrant does not violate the Fourth Amendment because the data was voluntarily disclosed to a third party and the warrant was supported by probable cause.

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A textualist holding respects both Democratic concerns about privacy and Republican concerns about law enforcement. It honors Democratic priorities by requiring a warrant based on probable cause and particularity, ensuring judicial oversight. It honors Republican priorities by…

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The federal election-day statutes do not require ballot receipt by election day; Mississippi's law is not preempted.

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A textualist holding that respects the original meaning of 'election' as the act of voting, and leaves ballot-receipt deadlines to the states, honors both Democratic priorities (expanding voting access through absentee voting) and Republican priorities (upholding state control…

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The President has plenary removal power over Federal Reserve Governors under Article II; for-cause restriction is unconstitutional as applied to executive officers.

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Democratic priorities: The decision respects the need for independent monetary policy by channeling it through legislative, not executive, means. Congress can still create an autonomous body under Article I to manage the money supply, insulating it from presidential…

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An alien 'arrives in the United States' when he or she presents at a U.S. port of entry and seeks admission, regardless of physical crossing.

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This holding honors Republican priorities by affirming the government's authority to control the border through reasonable metering and by adhering to the original understanding of statutory text. It honors Democratic priorities by ensuring that asylum seekers have a meaningful…

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TPS termination is subject to judicial review for compliance with statutory procedure and constitutional rights, but the court must defer to the executive's substantive foreign-policy determination.

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This textualist holding respects both Democratic priorities (preserving judicial review for procedural and constitutional claims, protecting against executive overreach) and Republican priorities (deference to executive foreign-policy judgment, limiting judicial second-guessing…

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Hawaii's law is constitutional: the Second Amendment does not override state property law requiring owner consent for firearms on private premises.

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This holding honors Democratic priorities by upholding state police power to regulate firearms for public safety and property rights. It honors Republican priorities by preserving the Second Amendment's core right of self-defense (carrying on public property and with owner…

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FIFRA does not preempt state-law failure-to-warn claims that seek damages for injuries caused by a pesticide, because such claims are not 'requirements for labeling or packaging' within the meaning of 7 U.S.C. §136v(b), and the Tenth Amendment reserves to the states the power to provide tort remedies for harm to health and safety.

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A textualist holding that FIFRA does not preempt state tort claims honors both Democratic priorities (protecting public health and consumer safety through state remedies, preserving access to courts for injured individuals) and Republican priorities (respecting federalism and…

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Re-decided: A lawful permanent resident may be deemed 'seeking admission' only upon conviction (or clear and convincing evidence of commission) of a qualifying crime at the time of reentry.

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This textualist holding respects both Democratic priorities (protecting due process rights and preventing arbitrary government action against individuals with settled permanent resident status) and Republican priorities (respecting strict textual readings of statutes without…

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The Helms-Burton Act does not waive foreign sovereign immunity; the case is dismissed for lack of jurisdiction unless the Executive expressly consents.

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This holding honors Republican constitutional priorities by restoring the original understanding that foreign sovereign immunity is a matter for the Executive, not implied by Congress. It also respects Democratic concerns about holding foreign state actors accountable by…

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RLUIPA permits suits against state entities and officials in their official capacities, but not against state employees in their personal capacities, unless they individually consented.

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A textualist holding that allows states to waive sovereign immunity for official-capacity suits respects state sovereignty (a Republican priority) while ensuring prisoners' religious exercise is protected through suits against the state entity (a Democratic priority). It avoids…

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State employees are not personally liable under Spending Clause statutes unless they individually and knowingly consented.

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A textualist holding respects the constitutional boundaries of federal power: Congress may not use spending conditions to regulate non-consenting individuals, preserving state sovereignty and federalism. Both Democratic and Republican traditions recognize limited government and…

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Neither ATS nor TVPA Creates a Cause of Action; Congress Must Act Under Article I, §8, Cl. 10

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This textualist holding honors conservative principles by confining federal courts to their constitutional role and respecting Congress's Article I power. It honors liberal priorities by preserving the legitimate need for accountability and inviting Congress to legislate with…

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Re-decided holding: The state trial court's refusal to instruct the jury on attenuation violates the Fifth Amendment's Self-Incrimination Clause as understood at ratification, and habeas relief was properly granted.

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A textualist holding honors Democratic priorities by protecting defendants' Fifth Amendment rights against compelled self-incrimination and ensuring jury factfinding on critical issues. It honors Republican priorities by grounding the decision in the original meaning of the…

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Rooker-Feldman applies only to final judgments from the highest state court in which review could be had, consistent with 28 U.S.C. §1257.

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A textualist holding honors both Democratic priorities (protecting federal question jurisdiction and individual due process rights from procedural barriers) and Republican priorities (respecting federalism and state court autonomy by limiting the bar to final judgments, not…

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Held: Section 922(g)(3) is unconstitutional as applied to simple unlawful drug users without individualized dangerousness, but Congress may enact tailored legislation under its Commerce Clause power requiring drug testing or treatment as condition of gun ownership, subject to due process.

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A textualist holding that requires individualized process respects both the Second Amendment rights of individuals and the public safety interest; it honors Republican concerns for constitutional rights and limited government by rejecting automatic bans, and Democratic concerns…

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An appeal waiver is enforceable as written, unless the plea itself was not knowing or voluntary under the Fifth and Sixth Amendments; no separate 'miscarriage of justice' exception exists.

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A textualist holding that plea waivers are enforceable as contracts respects the parties' written agreement, limits judicial discretion, and avoids creating an open-ended equitable exception that invites litigation. Conservatives benefit from predictability and finality;…

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Rooker-Feldman bars federal district court jurisdiction over direct attacks on state-court judgments regardless of finality under state appellate processes.

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A textualist grounding of Rooker-Feldman serves both parties’ constitutional traditions: it respects state sovereignty and federalism (a conservative priority) while preventing federal courts from usurping the Supreme Court’s appellate role and protecting litigants from…

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Re-decided holding: A knowing and voluntary appeal waiver in a plea agreement is enforceable according to its terms, subject only to the two explicit exceptions in the waiver itself (ineffective assistance of counsel and sentence exceeding statutory maximum).

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A textualist holding respects the parties' contract and the district court's finding of knowing and voluntary waiver, which both conservative originalists and liberal advocates of procedural regularity can support. Conservatives value finality and respect for written…

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Reversed: Venue for a §1519 violation lies only in the district where the falsification occurred.

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A textualist, originalist holding protects both liberal and conservative constitutional priorities. The liberal priority of avoiding government overreach in federal prosecutions is served by limiting venue to the district where the defendant acted, preventing prosecutors from…

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Venue for §1519 lies exclusively where the falsification occurred, not where the investigation is located.

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This holding honors Democratic priorities by protecting defendants' fair-trial rights against prosecutorial forum-shopping, ensuring that venue is based on the crime's location, not the government's convenience. It honors Republican priorities by requiring strict adherence to…

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Judicial estoppel does not bar a debtor's state-law tort claim for failure to disclose in bankruptcy; the Bankruptcy Code's disclosure requirements are enforced through its own sanctions, not through dismissal of a separate lawsuit.

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This textualist holding honors both Democratic priorities (protecting individual tort victims from procedural forfeiture of their day in court) and Republican priorities (limiting federal judicial power to its constitutional boundaries, enforcing the Bankruptcy Code through its…

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Section 47(b) of the Investment Company Act provides an express private right of action for rescission of contracts violating the Act, consistent with common-law rescission.

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The textualist reading of Section 47(b) honors the plain meaning of 'at the instance of any party' as a traditional remedy, avoiding judicial legislation while respecting state law (Tenth Amendment) and common law. Democratic priorities: protects shareholders and retail…

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FCC forfeiture orders under §503(b)(4) that determine liability and assess a penalty must be tried before a jury in federal court, or the Commission must restructure its proceedings to provide a jury trial before any penalty is imposed.

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A textualist holding honors both Democratic and Republican constitutional traditions. For Democrats, it protects individual rights against administrative overreach and ensures procedural fairness for regulated parties, including consumers and small businesses. For Republicans,…

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SEC disgorgement requires proof of pecuniary loss to investors to remain within traditional equitable relief under Article III and the Seventh Amendment.

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A textualist holding requiring pecuniary loss honors both Democratic priorities (protecting investors from fraud by ensuring disgorgement is tied to actual harm) and Republican priorities (limiting federal agency power under the Tenth Amendment and preserving jury trial rights…

A sourced SI textualist re-decision appears here once it passes automated checks.

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Re-decided holding: Section 2 of the Voting Rights Act, as applied through the Fifteenth Amendment, requires states to draw districts that do not dilute minority voting strength, but the remedy must be race-neutral in its criteria and limited to ensuring equal electoral opportunity, not proportional representation.

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A textualist holding that enforces the Fifteenth Amendment's plain text against racial vote dilution honors both parties' constitutional traditions. For Democrats, it protects minority voting rights and ensures equal electoral opportunity. For Republicans, it limits federal…

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Habeas review of harmless error under § 2254(d)(2) must be confined to the evidence presented to the jury at trial; post-trial evidence cannot be considered.

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A textualist holding honors both Democratic concerns about prosecutorial misconduct (by requiring that the state's error be assessed based on what the jury actually heard) and Republican concerns about federalism and finality (by limiting federal habeas review to the trial…

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Re-decided holding: The FAA §1 exemption covers workers on intrastate legs of interstate journeys, consistent with the original meaning of 'engaged in interstate commerce.'

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A textualist holding honors both parties' constitutional traditions: Democrats may appreciate the protection of workers' rights to litigate rather than be forced into arbitration, while Republicans may appreciate the clear, originalist rule based on the statute's text and…

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Nonretroactive sentencing amendments may constitute an 'extraordinary and compelling reason' under §3582(c)(1)(A)(i) when the resulting disparity is extreme, unjustified, and not based solely on congressional intent to deny relief.

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Textualists insist on following the ordinary meaning of the statute, which does not carve out nonretroactive sentencing changes. Compassionate release is a safety valve for extreme injustice; excluding all nonretroactive changes would lock in unjust sentences that Congress…

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A prisoner may raise a credible claim of actual innocence in a compassionate release motion under §3582(c)(1)(A), but only if the claim is supported by new evidence not previously available and the prisoner shows diligence.

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A textualist holding that allows innocence claims under §3582 honors both parties' constitutional traditions. For Democrats, it protects due process and prevents wrongful imprisonment, a core civil-rights concern. For Republicans, it respects the original meaning of the…

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The Equal Protection Clause does not require a trial court to conduct a three-step Batson inquiry; peremptory challenges are not subject to judicial review for racial bias absent a showing of systematic exclusion.

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A textualist holding restores the original meaning of the Equal Protection Clause and respects the common law tradition of peremptory challenges. It honors Democratic priorities by preserving a remedy for systematic racial discrimination (through Swain claims) and Republican…

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Re-decided holding: The Fourth Circuit did not violate Article III's case-or-controversy requirement; its remand for factfinding was a permissible exercise of its appellate jurisdiction, and the CSRA's exclusivity is not a jurisdictional bar based on text or original meaning.

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A textualist holding honors both parties' constitutional traditions: Democratic priorities include protecting free speech for government employees and ensuring judicial review of constitutional claims; Republican priorities include limiting federal power to what the…

Pension Withdrawal Liability Notice and Review Proposal

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VFA assesses this draft offers Republicans and conservatives fixed statutory text, predictable process, capped spending, and a check on backdated increases through notice and review, while it offers Democrats and progressives sound funding of underfunded plans, protection of…

Title III Clarity, Notice, and Reporting Act

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VFA assesses this approach gives Republicans and conservatives a gain in firm support for property rights, compensation for confiscation, pressure on the Cuban government, and fiscal restraint through a capped fund and sunset. VFA assesses it gives Democrats and progressives a…

Atkins Hearing Clarity and State Choice Act

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VFA assesses this proposal gives Republicans and conservatives a concrete gain in public safety, victims' interests, finality, fiscal restraint, and state control over criminal procedure, while it gives Democrats and progressives a concrete gain in due process, accuracy in…

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Yes; Article III jurisdiction persists over §9 and §10 motions in a stayed federal-question case.

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Textualism restores original federal court role in resolving disputes under U.S. laws—honoring Democratic traditions of federal protections for workers' claims (Fifth Amendment due process in Jules's discrimination suit) and Republican originalist limits on jurisdiction…

A sourced SI textualist re-decision appears here once it passes automated checks.

A sourced SI textualist re-decision appears here once it passes automated checks.