Teaching Seila Law v. CFPB
The Chief Justice surgically sliced up the Court's removal power cases into four categories.
Month: September 2020
Classes #12 Separation of Powers II and Easements III
Seila Law and Assignability of Easements
The First Rule of Court Packing is you do not talk about Court Packing.
The second rule of Court Packing is you do not talk about Court Packing.
Democratic Policy & Communications Committee Cites "Unprecedented"
"The organizations collaborated with the Republican attorneys general who filed suit and conscripted law professor Randy Barnett to draft an influential report on the constitutionality of the ACA."
Trump Criticized Biden for Losing the Support of Police Unions. Is That Such a Bad Thing?
Trump is right that police unions support him more than Biden. That doesn't speak as well of the president as he thinks.
Has Joe Biden's Position On Court Packing Changed?
Biden's refusal to address court packing in the first presidential debate reflects his lack of concrete positions.
Trump and Biden Debate Climate Change, the Green New Deal, and the Paris Accord
President Trump accepts the scientific findings about climate change "to an extent."
Scott Barry Kaufman on Narcissists and Libertarians
The author of the new book Transcend updates Abraham Maslow's hierarchy of needs for an era of pandemics, racial strife, and extreme polarization.
Lockdowns Intended To Preserve Our Health Are Making Us Poorer and Angrier
Even as the economy recovers, pain from the COVID-19 lockdowns still lingers.
Last Night's Debate Was a Disaster. That's Exactly Why There Should Be More of Them.
After the trainwreck that was the first Biden-Trump debate, some people will likely call for future debates to be canceled. America needs the exact opposite.
Here's Where Marijuana Is on the Ballot in November
Two states are voting to permit medical marijuana. Four are voting for legalization.
Trump's Muddled Mask Message May Be His Best Attempt To Reconcile Irreconcilable Extremes
Both sides in the debate about face masks make claims that are not justified by the scientific evidence.
The Presidential Debate Over Health Care Is Exhausting and Unserious
Biden spun the Supreme Court's role in health care. Trump dodged, distracted, and bullied. It was an unproductive slugfest.
Will the U.S. Allow in Any Refugees Next Year?
Unless the president takes action, the cap will fall to zero today due to an arbitrary and cruel refugee system.
"The Most Gullible Man in Cambridge" is Ordered to Show Cause Why His Complaint Should Not Be Dismissed
"In order to invoke this Court’s diversity jurisdiction, Plaintiff must allege that the citizenship of each member of the LLC defendant was diverse from that of Plaintiff at the date of this action’s filing."
As 'Dumpster Fire' Debate Rages, Jorgensen Quietly Presents an Alternative
Plus: Trump administration drops bid to block undocumented teens from getting abortions, and more....
Seeing Like an Anarchist
How former slaves built an autonomous, self-sufficient, and nearly stateless society in the mountains of Haiti, and how they lost it
Tuesday's Debate Demonstrated That Donald Trump Wants This Election To Become a Chaotic Mess
Chris Wallace asked both candidates on Tuesday night if they would urge "supporters to stay calm during this extended period, not to engage in any civil unrest." Trump rejected the premise.
Trump and Biden Spar Over Which One Is the True Threat to America's Suburbs
The president renewed his attack that a Biden presidency would wipe out the suburbs. Biden accused Trump of racist dog whistles.
SCOTUS Could Use More Skeptics Like Amy Coney Barrett
The 7th Circuit judge’s track record suggests she would frequently be a friend of civil liberties.
Trump Claims Biden Called Black Americans 'Superpredators.' That Was Hillary Clinton.
Joe Biden has said plenty of regrettable things about criminal justice, but that wasn't one of them.
Trump Pushed To Condemn White Nationalist Proud Boys, Instead Tells Them 'Stand Back and Stand By'
Leaders of the organization reportedly see this as tacit approval.
Donald Trump Says Joe Biden Is the Candidate of Perpetual COVID-19 Lockdowns
Though the presidential debate was pure chaos, Trump destroyed Biden on the question of reopening the economy.
"The Only Rule that Governs the Confirmation Process Is the Law of the Jungle"
A 2016 op-ed by Benjamin Wittes and Miguel Estrada is worth revisiting.
Reputation Repair Service Costs as Measure for Damages in a Libel Case
An interesting decision, on a motion for default judgment.
Is the COVID-19 Herd Immunity Threshold as Low as 15 Percent?
Social connectivity, prior immunity, and behavior changes may all contribute.
The Latest CDC Estimates of COVID-19's Infection Fatality Rate Vary Dramatically With Age
In younger age groups, the estimated risk is substantially lower than the overall IFR for the seasonal flu.
Ohio State Professor Apologizes for 'Hurt, Sadness, Frustration, Fatigue, Exhaustion and Pain' Caused By Pro-Football Article
Matthew Mayhew is sorry. Very, very sorry.
Pitfalls of Statutory Term Limits for Supreme Court Justices
Supreme Court term limits are a good idea. But they must be enacted by constitutional amendment, not by statute.
People Are Missing the Point on Trump's Tax Returns
The U.S. tax code should be front and center.
Will These Lawsuits End Trump's Tariffs? More Than 3,500 U.S. Companies Hope So.
The lawsuits have been filed over the past two weeks by several major American companies, including retailers Target and Home Depot, car manufacturers Tesla and Ford, and several major manufacturing firms.
This Time, We Really Should Think of the Children
Virtual learning harms disadvantaged kids. For the privileged, schools already reopened.
Trump Still Doesn't Have a Health Care Plan. He Does Have a $6.6 Billion Medicare Bribe for Seniors.
After years of promises, Trump unveils a meaningless executive order on preexisting conditions and a prescription drug gift card for seniors.
Don't Sell Weapons to the UAE
Selling weapons to the UAE would stamp brutality and extremism abroad with American approval.
Third Parties: Barred From the Debates, Impacting Polls Only Marginally
While establishmentarians continue to push two-party conformity, there remains little evidence that other parties are having any sort of "spoiler" effect.
Should You Be Able To Sue a Business for Exposing You to Coronavirus?
Renewed wrangling over another relief bill has raised the possibility that Congress will pass sweeping liability protections for businesses accused of contributing to the spread of COVID-19.
Juror in Breonna Taylor Case Sues for Right To Reveal What Really Happened in Court
Plus: Presidential candidates take the stage tonight, the most-banned books of the last decade, and more...
The #FinCENFiles Shine a Spotlight on How Banks Are Ordered to Snoop on You
Why does media coverage conclude the problem is that the government hasn’t done a good enough job of spying?
