Judiciary · Article III

Judiciary — Recent Opinions

Showing the 50 most recent  ·  63 on record

Row 01  c/o  cl-10882239  ·  ▲ 21 days
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“Real” · Article III Published

Trump v. Barbara

Author: John G. Roberts
Filed: 2026-06-30
“AI Consensus” · Textualist Re-decision Re-decided

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.

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. Democra…

Remedy: Reverse the district court's prelimi Precedent: Overrule United States v. Wo Scope: This holding applies to 3 citations 3 departures from text
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Row 02  c/o  cl-10883542  ·  ▲ 21 days
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“Real” · Article III Published

Trump v. Barbara Revisions: 7/01/26

Author: John G. Roberts
Filed: 2026-06-30
“AI Consensus” · Textualist Re-decision Re-decided

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

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 decision…

Remedy: The preliminary injunction against E Precedent: United States v. Wong Kim Ar Scope: This holding applies onl 4 citations 3 departures from text
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Row 03  c/o  cl-10882186  ·  ▲ 21 days
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“Real” · Article III Published

West Virginia v. B. P. J.

Author: Brett Kavanaugh
Filed: 2026-06-30
“AI Consensus” · Textualist Re-decision Re-decided

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

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 inter…

Remedy: Judgment for States West Virginia an Precedent: The Court overrules any circ Scope: Applies only to state la 4 citations 3 departures from text
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Row 04  c/o  cl-10882240  ·  ▲ 21 days
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“Real” · Article III Published

National Republican Senatorial Committee v. Federal Election Comm'n

Author: Brett Kavanaugh
Filed: 2026-06-30
“AI Consensus” · Textualist Re-decision Re-decided

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

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. Republi…

Remedy: The lower court's judgment is affirm Precedent: Colorado II is overruled to Scope: This holding applies onl 3 citations 3 departures from text
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Row 05  c/o  cl-10881681  ·  ▲ 22 days
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“Real” · Article III Published

Trump v. Slaughter

Author: John G. Roberts
Filed: 2026-06-29
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 tr…

Remedy: The two removed FTC Commissioners ar Precedent: Humphrey's Executor v. Unite Scope: This holding applies to 9 citations 4 departures from text
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Row 06  c/o  cl-10881683  ·  ▲ 22 days
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“Real” · Article III Published

Chatrie v. United States

Author: Elana Kagan
Filed: 2026-06-29
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 al…

Remedy: The judgment of the Fourth Circuit i Precedent: Carpenter v. United States ( Scope: This holding applies onl 3 citations 3 departures from text
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Row 07  c/o  cl-10881680  ·  ▲ 22 days
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“Real” · Article III Published

Watson v. Republican National Committee

Author: Amy Coney Barrett
Filed: 2026-06-29
“AI Consensus” · Textualist Re-decision Re-decided

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

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 ov…

Remedy: Judgment of the Fifth Circuit revers Precedent: No overruling necessary; the Scope: This holding is limited 4 citations 2 departures from text
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Row 08  c/o  cl-10881682  ·  ▲ 22 days
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“Real” · Article III Published

Trump v. Cook

Author: John G. Roberts
Filed: 2026-06-29
“AI Consensus” · Textualist Re-decision Re-decided

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

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 interference.…

Remedy: The preliminary injunction is vacate Precedent: Humphrey's Executor v. Unite Scope: This holding applies onl 4 citations 2 departures from text
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Row 09  c/o  cl-10880243  ·  ▲ 26 days
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“Real” · Article III Published

Mullin v. Al Otro Lado

Author: Samuel Alito
Filed: 2026-06-25
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 o…

Remedy: The declaratory judgment that the me Precedent: This decision overrules any Scope: This holding applies sol 4 citations 3 departures from text
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Row 010  c/o  cl-10880242  ·  ▲ 26 days
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“Real” · Article III Published

Mullin v. Doe

Author: Samuel Alito
Filed: 2026-06-25
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 o…

Remedy: The terminations of TPS for Syria an Precedent: Overrule the holding of McNa Scope: This holding applies onl 4 citations 3 departures from text
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Row 011  c/o  cl-10880241  ·  ▲ 26 days
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“Real” · Article III Published

Wolford v. Lopez

Author: Samuel Alito
Filed: 2026-06-25
“AI Consensus” · Textualist Re-decision Re-decided

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

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 consen…

Remedy: The Ninth Circuit's decision upholdi Precedent: Bruen is overruled to the ex Scope: This holding applies onl 4 citations 3 departures from text
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Row 012  c/o  cl-10880244  ·  ▲ 26 days
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“Real” · Article III Published

Monsanto v. Durnell

Author: Brett Kavanaugh
Filed: 2026-06-25
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 the…

Remedy: The judgment of the Missouri Court o Precedent: Riegel v. Medtronic, Inc., 5 Scope: This holding applies onl 4 citations 4 departures from text
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Row 013  c/o  cl-10878534  ·  ▲ 28 days
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“Real” · Article III Published

Pung v. Isabella County

Author: Samuel Alito
Filed: 2026-06-23
“AI Consensus” · Textualist Re-decision Re-decided

Tax sale proceeds, not fair market value, are the baseline for just compensation under the Fifth Amendment.

Textualists and originalists agree that the Takings Clause does not mandate fair-market-value compensation in tax sales, as consistent with historical practice. This holding respects state taxing power under the Tenth Amendment and federalism, while also protecting homeowners fro…

Remedy: Pung is entitled to the surplus proc Scope: This holding applies onl 5 citations 2 departures from text
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Row 014  c/o  cl-10878536  ·  ▲ 28 days
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“Real” · Article III Published

Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba)

Author: Brett Kavanaugh
Filed: 2026-06-23
“AI Consensus” · Textualist Re-decision Re-decided

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

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 preservi…

Remedy: Judgment for defendants; suit dismis Precedent: Overrule Kirtz and its proge Scope: Limited to the Helms-Bur 6 citations 3 departures from text
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Row 015  c/o  cl-10878535  ·  ▲ 28 days
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“Real” · Article III Published

Landor v. Louisiana Dept of Corrections and Public Safety

Author: Neil Gorsuch
Filed: 2026-06-23
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 d…

Remedy: Dismiss claims against individual of Precedent: Overrule any case (e.g., por Scope: This holding applies onl 4 citations 3 departures from text
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Row 016  c/o  cl-10879690  ·  ▲ 28 days
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“Real” · Article III Published

Landor v. Louisiana Dept of Corrections and Public Safety Revisions: 6/24/26

Author: Neil Gorsuch
Filed: 2026-06-23
“AI Consensus” · Textualist Re-decision Re-decided

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

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 t…

Remedy: Judgment of the Fifth Circuit is aff Precedent: This opinion overrules any l Scope: This holding applies exc 3 citations 3 departures from text
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Row 017  c/o  cl-10878537  ·  ▲ 28 days
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“Real” · Article III Published

Cisco Systems, Inc. v. Doe

Author: Amy Coney Barrett
Filed: 2026-06-23
“AI Consensus” · Textualist Re-decision Re-decided

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

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 cle…

Remedy: Congress should enact a statute unde Precedent: Sosa v. Alvarez-Machain, 542 Scope: This holding applies to 3 citations 3 departures from text
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Row 018  c/o  cl-10878538  ·  ▲ 28 days
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“Real” · Article III Published

Blanche v. Lau

Author: Clarence Thomas
Filed: 2026-06-23
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 judi…

Remedy: The removal order is vacated. The ca Precedent: The holding in Vartelas v. H Scope: This decision applies on 5 citations 3 departures from text
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Row 019  c/o  cl-10878009  ·  ▲ 29 days
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“Real” · Article III Published

McCarthy v. Hernandez

Author: Per Curiam
Filed: 2026-06-22
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 Const…

Remedy: The writ of habeas corpus is granted Precedent: Overrule the majority's impl Scope: This holding applies onl 4 citations 3 departures from text
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Row 020  c/o  cl-10876935  ·  ▲ 33 days
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“Real” · Article III Published

Hunter v. United States

Author: Elana Kagan
Filed: 2026-06-18
“AI Consensus” · Textualist Re-decision Re-decided

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.

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; liberals…

Remedy: The Court of Appeals' dismissal of H Precedent: Overrule the miscarriage-of- Scope: This holding applies to 4 citations 5 departures from text
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Row 021  c/o  cl-10877643  ·  ▲ 33 days
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“Real” · Article III Published

T. M. v. University of Md. Medical System Corporation Revisions: 6/19/26

Author: Sonia Sotomayor
Filed: 2026-06-18
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 expan…

Remedy: Vacate the Fourth Circuit's judgment Precedent: Overrule the expansion of Ro Scope: This holding applies onl 5 citations 3 departures from text
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Row 022  c/o  cl-10877631  ·  ▲ 33 days
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“Real” · Article III Published

Hunter v. United States Revisions: 6/19/26

Author: Elana Kagan
Filed: 2026-06-18
“AI Consensus” · Textualist Re-decision Re-decided

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).

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 agreements; …

Remedy: The Fifth Circuit's judgment dismiss Precedent: Overrule the 'miscarriage of Scope: This holding applies to 3 citations 3 departures from text
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Row 023  c/o  cl-10876934  ·  ▲ 33 days
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“Real” · Article III Published

T. M. v. University of Md. Medical System Corporation

Author: Sonia Sotomayor
Filed: 2026-06-18
“AI Consensus” · Textualist Re-decision Re-decided

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

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 duplicati…

Remedy: Affirm the dismissal of T. M.’s fede Precedent: The Court’s prior Rooker-Fel Scope: Rooker-Feldman applies t 3 citations 2 departures from text
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Row 024  c/o  cl-10876933  ·  ▲ 33 days
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“Real” · Article III Published

United States v. Hemani

Author: Neil Gorsuch
Filed: 2026-06-18
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 f…

Remedy: Vacate the conviction and remand wit Precedent: Overrule any prior cases tha Scope: The holding applies to 1 5 citations 3 departures from text
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Row 025  c/o  cl-10873665  ·  ▲ 40 days
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“Real” · Article III Published

Abouammo v. United States

Author: Elana Kagan
Filed: 2026-06-11
“AI Consensus” · Textualist Re-decision Re-decided

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

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 for…

Remedy: The judgment of the Ninth Circuit is Precedent: This decision overrules any Scope: Strictly confined to 18 3 citations 2 departures from text
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Row 026  c/o  cl-10875833  ·  ▲ 40 days
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“Real” · Article III Published

Abouammo v. United States Revisions: 6/16/26

Author: Elana Kagan
Filed: 2026-06-11
“AI Consensus” · Textualist Re-decision Re-decided

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

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 the…

Remedy: Conviction reversed; case remanded f Precedent: Overrule any prior circuit p Scope: Limited to §1519 and any 3 citations 2 departures from text
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Row 027  c/o  cl-10873663  ·  ▲ 40 days
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“Real” · Article III Published

Keathley v. Buddy Ayers Construction, Inc.

Author: Ketanji Brown Jackson
Filed: 2026-06-11
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 o…

Remedy: Vacate the Fifth Circuit's judgment Precedent: Overrule any prior circuit p Scope: This holding applies onl 6 citations 3 departures from text
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Row 028  c/o  cl-10873664  ·  ▲ 40 days
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“Real” · Article III Published

FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd.

Author: Amy Coney Barrett
Filed: 2026-06-11
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 investors…

Remedy: Private parties may sue for rescissi Precedent: Overrule Alexander v. Sandov Scope: This holding applies to 3 citations 3 departures from text
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Row 029  c/o  cl-10870059  ·  ▲ 47 days
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“Real” · Article III Published

Sripetch v. SEC

Author: Neil Gorsuch
Filed: 2026-06-04
“AI Consensus” · Textualist Re-decision Re-decided

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

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 un…

Remedy: The judgment of the Ninth Circuit is Precedent: Liu v. SEC, 591 U.S. 71 (202 Scope: This holding applies onl 5 citations 3 departures from text
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Row 030  c/o  cl-10870060  ·  ▲ 47 days
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“Real” · Article III Published

Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc.

Author: Ketanji Brown Jackson
Filed: 2026-06-04
“AI Consensus” · Textualist Re-decision Re-decided

The induced infringement statute, 35 U.S.C. §271(b), does not apply to generic drug manufacturers who comply with FDA labeling requirements, because such compliance constitutes a lawful use of the patented invention under the Patent Clause's grant of exclusive rights, and any extension to cover such conduct would exceed Congress's power under Article I, Section 8, Clause 8.

A textualist holding respects the limits of federal power under the Patent Clause and the Tenth Amendment, protecting states' authority to regulate medical substitution and promoting access to affordable generic drugs. Both parties can agree that patent law should not be used to …

Remedy: The judgment of the Federal Circuit Precedent: This decision overrules any Scope: This holding is limited 3 citations 4 departures from text
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Row 031  c/o  cl-10870061  ·  ▲ 47 days
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“Real” · Article III Published

FCC v. AT&T

Author: John G. Roberts
Filed: 2026-06-04
“AI Consensus” · Textualist Re-decision Re-decided

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.

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, it…

Remedy: The FCC's forfeiture orders under §5 Precedent: Overrule any precedent (e.g. Scope: This holding applies to 3 citations 3 departures from text
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Row 032  c/o  cl-10869022  ·  ▲ 49 days
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“Real” · Article III Published

Allen v. Milligan

Author: Per Curiam
Filed: 2026-06-02
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 court…

Remedy: The district court's injunction is a Precedent: Callais v. Louisiana (2026) Scope: This holding applies onl 5 citations 3 departures from text
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Row 033  c/o  cl-10867983  ·  ▲ 50 days
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“Real” · Article III Published

Whitton v. Dixon

Author: Per Curiam
Filed: 2026-06-01
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 record…

Remedy: Vacate the Eleventh Circuit's judgme Precedent: Overrule Brecht v. Abrahamso Scope: This holding applies to 4 citations 3 departures from text
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Row 034  c/o  cl-10865526  ·  ▲ 54 days
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“Real” · Article III Published

Flowers Foods, Inc. v. Brock

Author: Neil Gorsuch
Filed: 2026-05-28
“AI Consensus” · Textualist Re-decision Re-decided

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.'

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 contemp…

Remedy: The judgment of the Tenth Circuit is Precedent: This holding overrules any l Scope: This holding applies onl 3 citations 2 departures from text
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Row 035  c/o  cl-10865525  ·  ▲ 54 days
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“Real” · Article III Published

Pitchford v. Cain

Author: Brett Kavanaugh
Filed: 2026-05-28
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 prio…

Remedy: Denial of habeas relief; conviction Precedent: Batson v. Kentucky (1986) an Scope: This holding applies to 3 citations 3 departures from text
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Row 036  c/o  cl-10865524  ·  ▲ 54 days
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“Real” · Article III Published

Rutherford v. United States

Author: Amy Coney Barrett
Filed: 2026-05-28
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 itself…

Remedy: Reverse and remand. District courts Precedent: Overrule the categorical rul Scope: Limited to 18 U.S.C. §35 8 citations 3 departures from text
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Row 037  c/o  cl-10865527  ·  ▲ 54 days
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“Real” · Article III Published

Fernandez v. United States

Author: Amy Coney Barrett
Filed: 2026-05-28
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 Suspensio…

Remedy: The district court must consider Fer Precedent: Overrule the categorical rul Scope: This holding applies onl 3 citations 2 departures from text
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Row 038  c/o  cl-10864190  ·  ▲ 56 days
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“Real” · Article III Published

Margolin v. NAIJ

Author: Per Curiam
Filed: 2026-05-26
“AI Consensus” · Textualist Re-decision Re-decided

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.

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 Constitution …

Remedy: The district court must hear the Fir Precedent: Overrule Elgin v. Department Scope: Applies only to federal 5 citations 2 departures from text
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Row 039  c/o  cl-10862763  ·  ▲ 61 days
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“Real” · Article III Published

Havana Docks Corp. v. Royal Caribbean Cruises, Ltd.

Author: Clarence Thomas
Filed: 2026-05-21
“AI Consensus” · Textualist Re-decision Re-decided

Title III liability attaches only when the plaintiff's property interest was still in existence at the time of trafficking, absent confiscation, and the defendant knowingly trafficked in that specific interest.

A textualist holding that requires a subsisting property interest honors both Democratic priorities (protecting property rights and providing remedies for confiscation) and Republican priorities (limited government, strict construction of statutes, and respect for the President's…

Remedy: Judgment for the cruise lines; the E Precedent: This holding overrules any l Scope: The holding is limited t 4 citations 3 departures from text
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Row 040  c/o  cl-10862764  ·  ▲ 61 days
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“Real” · Article III Published

Hamm v. Smith

Author: Per Curiam
Filed: 2026-05-21
“AI Consensus” · Textualist Re-decision Re-decided

The Eighth Amendment does not categorically prohibit execution of intellectually disabled individuals; states may define intellectual disability for capital punishment but must consider all relevant evidence, including standard error of measurement.

A textualist holding restores the original meaning of the Eighth Amendment, limiting judicial discretion and returning the definition of intellectual disability to the states. This honors federalism (a Republican priority) while ensuring that punishments are not disproportionate …

Remedy: The writ of certiorari is granted. T Precedent: Atkins v. Virginia, 536 U.S. Scope: This holding applies to 3 citations 2 departures from text
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Row 041  c/o  cl-10862762  ·  ▲ 61 days
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“Real” · Article III Published

M & K Employee Solutions, Inc. v. Trustees of IAM Nat. Pension

Author: Ketanji Brown Jackson
Filed: 2026-05-21
“AI Consensus” · Textualist Re-decision Re-decided

Re-decided holding: The 'as of' language in 29 U.S.C. §1391 requires that all actuarial assumptions used to calculate withdrawal liability be selected on or before the measurement date.

A textualist holding that requires assumptions to be selected on or before the measurement date honors both parties' constitutional traditions. For Republicans, it respects the text of the statute and the original meaning of 'as of,' avoiding judicial improvisation. It also prote…

Remedy: The judgment of the Court of Appeals Precedent: This holding overrules the D Scope: This holding applies onl 4 citations 3 departures from text
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Row 042  c/o  cl-10858760  ·  ▲ 68 days
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“Real” · Article III Published

Montgomery v. Caribe Transport II, LLC

Author: Amy Coney Barrett
Filed: 2026-05-14
“AI Consensus” · Textualist Re-decision Re-decided

No: Such claims arise under reserved state police powers and are not preempted.

Textualist originalism restores federalism limits both Democrats (state regulatory traditions) and Republicans (limited federal commerce power) recognize from Founding-era debates, preventing overreach into state safety prerogatives while preserving interstate trade efficiency.

Remedy: Reverse Seventh Circuit; remand for Precedent: No post-1900 precedent contr Scope: Applies to all state tor 4 citations 3 departures from text
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Row 043  c/o  cl-10858761  ·  ▲ 68 days
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“Real” · Article III Published

Jules v. Andre Balazs Properties

Author: Sonia Sotomayor
Filed: 2026-05-14
“AI Consensus” · Textualist Re-decision Re-decided

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

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 expansion…

Remedy: Affirm district court confirmation o Precedent: Ignores post-1900 precedents Scope: Limited to §3-stayed cas 4 citations 2 departures from text
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Row 044  c/o  cl-10850261  ·  ▲ 83 days
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“Real” · Article III Published

Louisiana v. Callais

Author: Samuel Alito
Filed: 2026-04-29
“AI Consensus” · Textualist Re-decision Re-decided

SB8 is unconstitutional; states may never use race as a predominant factor in congressional districting, and no federal statute excuses violation of Equal Protection.

Honors Democratic priority of securing minority votes through color-blind equal protection and Fifteenth Amendment enforcement against true discrimination; advances Republican federalism under Tenth Amendment and Article I §4 by restoring state control over districting free from …

Remedy: Enjoin SB8 immediately; order Louisi Precedent: Abandon post-1900 doctrines Scope: All state congressional 5 citations 4 departures from text
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Row 045  c/o  cl-10850133  ·  ▲ 83 days
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“Real” · Article III Published

First Choice Women's Resource Centers, Inc. v. Davenport

Author: Neil Gorsuch
Filed: 2026-04-29
“AI Consensus” · Textualist Re-decision Re-decided

Reversed and remanded: The subpoena presents a justiciable Case under Article III, as it threatens direct burden on First Amendment-protected speech and assembly.

Textualist approach honors Democratic traditions of robust Bill of Rights protections against government overreach (e.g., speech for reproductive advocates) and Republican emphasis on original limits curbing judicial activism while shielding religious minorities and pro-life dono…

Remedy: Reverse Third Circuit dismissal; rem Precedent: Ignores post-1900 standing p Scope: Limited to subpoenas bur 4 citations 2 departures from text
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Row 046  c/o  cl-10852760  ·  ▲ 83 days
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“Real” · Article III Published

Louisiana v. Callais Revisions: 5/04/26

Author: Samuel Alito
Filed: 2026-04-29
“AI Consensus” · Textualist Re-decision Re-decided

SB8 is unconstitutional; states may never use race as a predominant factor in congressional districting under the Fourteenth Amendment's Equal Protection Clause.

Textualist color-blind rule honors Democrats' Reconstruction-era civil rights tradition against state racial hierarchies and Republicans' federalist tradition preserving state election powers under Article I §4 and Tenth Amendment without federal racial mandates.

Remedy: Three-judge district court shall enj Precedent: Overrules any prior toleranc Scope: Applies to all state leg 4 citations 4 departures from text
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Row 047  c/o  cl-10846666  ·  ▲ 90 days
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“Real” · Article III Published

Hencely v. Fluor Corp.

Author: Clarence Thomas
Filed: 2026-04-22
“AI Consensus” · Textualist Re-decision Re-decided

No preemption: state tort claims proceed unless they directly conflict with a specific federal statute or constitutional command.

Pure textualism honors Democratic federalism traditions protecting state remedies for injured citizens and Republican originalism limiting federal overreach into private conduct, avoiding judge-made immunities both sides decry.

Remedy: Vacate Fourth Circuit affirmance; re Precedent: Disregards post-1900 expansi Scope: Limited to state tort cl 6 citations 2 departures from text
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Row 048  c/o  cl-10846667  ·  ▲ 90 days
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“Real” · Article III Published

Enbridge Energy, LP v. Nessel

Author: Sonia Sotomayor
Filed: 2026-04-22
“AI Consensus” · Textualist Re-decision Re-decided

The 30-day removal deadline in §1446(b)(1) admits no equitable tolling; Enbridge's removal was untimely and the case must be remanded to state court.

A pure textualist holding honors Democratic traditions of clear statutory enforcement to protect state regulatory authority (Tenth Amendment) and Republican originalist commitment to written law over judge-made equitable doctrines, ensuring procedural certainty both parties value…

Remedy: Affirm Sixth Circuit; direct distric Precedent: Overrules circuit precedents Scope: Applies to all civil rem 6 citations 2 departures from text
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Row 049  c/o  cl-10845431  ·  ▲ 92 days
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“Real” · Article III Published

District of Columbia v. R.W.

Author: Per Curiam
Filed: 2026-04-20
“AI Consensus” · Textualist Re-decision Re-decided

Officer Vanterpool's stop was an unreasonable seizure without probable cause; D.C. Court of Appeals affirmed, evidence suppressed.

Honors Democratic priorities (civil liberties, minority protections from over-policing) and Republican priorities (textual originalism, federalism via Tenth Amendment for states/D.C. to tailor rules); ditches judge-made doctrines both sides critique as unmoored from Constitution.

Remedy: Suppress all evidence from stop; vac Precedent: Overrules Terry v. Ohio (196 Scope: All warrantless investig 2 citations 3 departures from text
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Row 050  c/o  cl-10844563  ·  ▲ 95 days
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“Real” · Article III Published

Chevron USA Inc. v. Plaquemines Parish

Author: Clarence Thomas
Filed: 2026-04-17
“AI Consensus” · Textualist Re-decision Re-decided

Yes; the challenged production closely relates to Chevron's federal refining duties, permitting removal.

Textualism upholds Democratic commitments to statutory clarity and rule of law (avoiding judge-made loopholes) while advancing Republican federalism and originalism by protecting national defense functions without expanding agency deference or state overreach into federal history…

Remedy: Vacate Fifth Circuit affirmance; dir Precedent: Disregards post-1900 glosses Scope: Limited to plausible, no 5 citations 2 departures from text
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