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Supreme Court Opinion References ND Law Professors Samuel Bray and Paul Miller

God Quad aerial..Photo by Matt Cashore/University of Notre Dame

Justice Neil M. Gorsuch of the U.S. Supreme Court recently made notable citations to the work of two esteemed Notre Dame Law School faculty members. In his concurrence for the case of United States v. Texas, which pertained to federal immigration law, Gorsuch included references to the scholarly contributions of these legal experts. The Supreme Court, with an 8-1 majority, ruled that a U.S. District Court judge in Texas did not possess the jurisdiction to preside over a lawsuit concerning the Biden administration’s guidance for Immigration and Customs Enforcement (ICE).

The concurrence by Justice Gorsuch specifically highlighted a paper titled “Getting into Equity,” which was co-authored by Samuel Bray, the John N. Matthews Professor of Law, and Paul Miller, the Associate Dean for International & Graduate Programs. This paper, published in the prestigious Notre Dame Law Review in 2022, garnered recognition from Gorsuch, demonstrating the scholarly prowess of the Notre Dame Law School faculty.

Furthermore, Justice Gorsuch referenced Bray’s paper entitled “Multiple Chancellors: Reforming the National Injunction,” which was published in the esteemed Harvard Law Review in 2017. Notably, this particular paper received two citations within the concurrence, emphasizing its relevance and impact on the case at hand.

Interestingly, this marks the second consecutive week in which Justice Gorsuch has cited the scholarship of faculty members from the Notre Dame Law School. In a series of three separate opinions issued on June 15, Gorsuch acknowledged the scholarly contributions of three faculty members. This ongoing recognition further solidifies the reputation and influence of the Notre Dame Law School within the legal community.

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The citations made by Justice Gorsuch underscore the significance and influence of academic research within the realm of legal decision-making. By referencing scholarly papers authored by Bray and Miller, Gorsuch acknowledges the depth of legal analysis and expertise provided by these esteemed professors.

Including these citations within a Supreme Court opinion also elevates the visibility and recognition of the Notre Dame Law School and its faculty. It showcases the institution’s commitment to producing high-quality legal scholarship that contributes to the development of legal principles and influences judicial decision-making.

Overall, the recognition bestowed upon Samuel Bray and Paul Miller by Justice Gorsuch in his concurrence emphasizes the importance of academic research and its impact on the legal system’s highest echelons. It also serves as a testament to the caliber of legal scholarship produced by the faculty members at the Notre Dame Law School, solidifying their standing as influential voices within the field of law.

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Rachel E: