ND Law Professors Samuel Bray and Paul Miller cited in U.S. Supreme Court opinion

Justice Neil M. Gorsuch of the U.S. Supreme Court cited work by two members of the Notre Dame Law School faculty in an opinion issued on June 23.

Gorsuch included the citations in his concurrence in United States v. Texas, a case related to federal immigration law. The Supreme Court decided by an 8-1 majority in the case that a U.S. District Court judge in Texas lacked jurisdiction to hear a lawsuit on the Biden administration’s guidance for Immigration and Customs Enforcement (ICE).

Gorsuch cited “Getting into Equity,” a paper co-authored by John N. Matthews Professor of Law Samuel Bray and Associate Dean for International & Graduate Programs Paul Miller. That paper was published in the Notre Dame Law Review in 2022.

The justice also cited Bray’s paper “Multiple Chancellors: Reforming the National Injunction,” published in 2017 in the Harvard Law Review, twice in the concurrence.

This was the second consecutive week that Gorsuch cited Notre Dame Law School faculty. He cited scholarship by three faculty members in three separate opinions issued on June 15.