Month: June 2021
Structure, Text, and History in PennEast Pipeline v. New Jersey
Justice Barrett bests the Chief on sovereign immunity and eminent domain.
Are Duke Law Faculty Forcing a Student-Run Journal to Publish an Offensive Article?
It does not seem that way, despite some reporting to the contrary.
Broadway Hit Hamilton Could Get Up to $50 Million Federal Bailout
It must be nice to have Washington's pile of taxpayer cash on your side.
San Jose Wants to Force Gun Owners to Carry Insurance and Pay Fees
The fees would be used to reimburse the city for the public costs of gun violence.
Federal Law Enforcement Is Running Roughshod Over Facial Recognition Privacy, Says GAO
Civil liberties advocates call for a moratorium on federal facial recognition.
Supreme Court Won't Hear Case Challenging Massachusetts' Income Tax on Telecommuters Who Don't Live or Work in Massachusetts
The Court left increasingly urgent questions about taxing remote workers up in the air.
House Votes To Repeal 1957 and 1991 Authorizations for the Use of Military Force
Repeal would do little to change how Congress and the president collaborate—or don't—on military operations.
Erik Voorhees: Bitcoin's Point Is 'To Change the Whole Financial System of the Planet.'
The cryptocurrency pioneer explains why governments can't stop bitcoin 'despite all their guns and weapons.'
Pennsylvania Supreme Court Reverses Bill Cosby Conviction
"When an unconditional charging decision is made publicly and with the intent to induce action and reliance by the defendant, and when the defendant does so to his detriment ..., denying the defendant the benefit of that decision is an affront to fundamental fairness."
The Most Fascinating ConLaw Decision of the Term: PennEast Pipeline v. New Jersey
The non-curious/curious caucus divide.
FOSTA's Failure: The 2018 Sex Trafficking Law Has Been Worse Than Useless So Far
The only thing FOSTA has done is chill speech and make catching sex traffickers more difficult.
The Pennsylvania Anti-CRT Bill
Sloppy legislation will lead to unintended consequences that damage academic freedom and good education
The Stealthy Economic Radicalism of Biden's Boring Presidency
Even the president's most entrenched political opposition cannot seem to find much to engage or enrage.
California Democrats Look To End Recall Sideshow With Earlier Vote
Lawmakers cut out some red tape, but only when it serves the party.
In an Unprecedented Heat Wave, Portland's Lingering COVID Restrictions Hurt Bars and Restaurants Again
The state, one of the last to fully reopen, lifted some capacity limits early. But the service sector was hamstrung during a heat crisis in which it could have helped.
Virginia Says You Can Gamble On This, But Not That
Casinos, sports betting, and even online lottery sales are okay. Electronic skill games have no such luck.
At Least 5 Justices Seem To Think the CDC's Eviction Moratorium Is Illegal. SCOTUS Left It in Place Anyway.
Brett Kavanaugh, who provided a crucial fifth vote, said he agrees that the CDC does not have the authority to override rental contracts.
Virginia Senators Recommend Three People For Fourth Circuit. President Biden Picks The White Guy.
The Senators recommended a black woman (60), a white woman (58), and a white man (45).
RIP Mike Gravel, Unapologetic Opponent of War and Star of Absurdist Presidential Campaign Ads
A heterodox hero and committed antiwar activist, Gravel put the Pentagon Papers in the public record.
A New Case Gives the Supreme Court a Chance To Defend Gun Rights
It's likely that soon, almost all Americans will be legally able to carry guns.
Assignments Aimed at "Requiring a Statement" of Ideological Belief from Students May Violate First Amendment
So holds a Fifth Circuit panel (by a 2-to-1 vote), in an assignment requiring the writing of the Pledge of Allegiance, but the same argument would apply, I think, to compelled statements of other ideologies, whether related to patriotism, race, sex, sexual orientation, or anything else.
Congress Votes To Kick Confederate Statues Out of the Capitol
Plus: Fast approval of Alzheimer's drug draws scrutiny, the value of disagreement, and more...
The Publication of the Pentagon Papers Still Sets an Example 50 Years Later
Whistleblowers and publishers are crucial for keeping government officials reasonably honest.
Update from South Dakota: Judge Kornmann Appoints Special Prosecutor To Try U.S. Marshals For Contempt
The brewing separation of powers conflict continues.
Did Congress Give the CDC More Authority Than the President?
The agency’s legal defense of its eviction moratorium implies that it has vast powers to order Americans around.
Justice Kavanaugh Grants Holdover Tenants A One-Month Reprieve From The Law
This may be the most Kavanaugh concurrence I have ever read.
Supreme Court Refuses to Block CDC Eviction Moratorium - But also Signals Majority of Justices Believe the Moratorium is Illegal
A majority refused to lift a stay of a district court injunction against the order, but five justices indicated they believe the order is illegal.
Supreme Court Refuses to Vacate Stay of Order Invalidating CDC Eviction Moratorium
The Court lets the CDC's eviction moratorium remain in place, even though a majority seems to believe CDC's action is unlawful.
Poetry Tuesday!: "Alone" by Edgar Allan Poe
"From childhood’s hour I have not been / As others were — I have not seen / As others saw — I could not bring / My passions from a common spring — ..."
In March, the Solicitor General Began To Use "Noncitizen" Instead of "Alien"
The Acting SG relies on Justice Kavanaugh's footnote in Barton v. Barr (2020)
Professor Kagan v. Professor Barrett, Round 1 of N
Barrett prevails in Minerva Surgical, Inc v. Hologic.
Critical Race Theory Can't Be Banned. It Can Be Exposed, Mocked, and Avoided.
The semantics battle obscures reasonable objections to antiracist diversity seminars.
Eminent Domain Prevails Over Sovereign Immunity in Supreme Court Case Both Sides Deserved to Lose
The Court's ruling in PennEast allows the federal government to delegate the power of eminent domain to private firms seeking to condemn state-owned property.
Minnesota Poised to Pass Policing Bill That Would Restrict Asset Forfeiture and No-Knock Raids
The bill would limit petty seizures and require more reporting and oversight of no-knock raids.
Seattle Is Proposing to Get Rid of Single-Family Zoning In Name Only. Literally.
More and more cities have taken preliminary steps toward allowing "missing middle" housing options in once exclusive single-family neighborhoods, but the devil is in the details.
Although 44% of Americans Live in States That Have Legalized Pot, Federal Prohibition Is Not Likely to End Anytime Soon
The president supports the ban, and his fellow Democrats do not seem serious about attracting Republican support for repealing it.
Letter on ABA Proposal for "Diversifying" Law Schools
Signed by Richard Peltz-Steele (Massachusetts), Richard Sander (UCLA), Robert Steinbuch (Arkansas-Little Rock), and me.
He Died After Cops Shackled Him and Held Him Facedown. A Court Said That Was Constitutional. SCOTUS Isn't So Sure.
The officers might receive qualified immunity, however.
Greg Abbott's Border Wall Plan Is Doomed To Fail
The Texas governor wants to keep incoming migrants out at all costs. But those costs are insurmountable.
Arkansas Deputy Kills Teen 'Armed' With Antifreeze Trying To Fix a Truck
Family and friends protest and look for answers.
California, New York Have the Most To Gain From Ending Bonus Unemployment Benefits. They Probably Won't.
States that already had lower unemployment rates in May are more likely to have announced plans for ending the bonus unemployment payments.
