A Few Orders, But Where Are the Opinions?
With thirty-three opinions in argued cases yet to issue, the Supreme Court is well behind the usual pace.
Month: May 2022
"Texas should not be required to seek preclearance from the federal courts before its laws go into effect"
Well, at least from the U.S District Court for the Western District of Texas, Austin Division.
California Court Rules Bees Qualify as "Fish" Under the State's Endangered Species Act
The ruling is not as ridiculous as it sounds. But it's still a fishy decision!
A Bee May Be A Fish (At Least in California) [Updated]
A state court rules that bumble bees may qualify as "fish" under the California Endangered Species Act
Thoughts on the Supreme Court's Reinstatement of the Preliminary Injunction Against the Texas Social Media Law
The ruling is not a final decision on the merits. But it likely signals that at least five Supreme Court justices believe the law is unconstitutional.
Silicon Valley speech suppression goes to the Supreme Court
Episode 409 of the Cyberlaw Podcast
Government Can't Compel the Creation of Wedding Websites
The Tenth Circuit erred in concluding otherwise, undermining a freedom critical to the LGBT-rights movement itself.
Supreme Court Reinstates Stay of Texas Social Media Law (Pending Appeal); Justices Alito Dissents
Justices Thomas and Gorsuch join Justice Alito's dissent, and Justice Kagan disagreed with the majority without opinion. This is not a decision on the merits of the law, but Justice Alito's dissent notes why the answer to the merits question is "quite unclear."
Cops, Gun Restrictions, and Mass Shootings
Plus: The editors contemplate the recent Libertarian National Convention.
SCOTUS Lets Tony Timpa's Family Pursue Claims Against Cops Who Killed Him While Supposedly Trying To Help Him
The lawsuit over Timpa's deadly prone restraint, initially blocked by qualified immunity, was revived by the 5th Circuit.
County Where It Took 50 Years To Approve New Subdivision Bans New Airbnbs
Officials in Marin County, California, argue a temporary moratorium on new short-term rentals in western portions of the county is necessary to preserve the area's limited housing stock.
Destroying Islamic Fundamentalism With Books
Ideas Beyond Borders is bringing ideas about pluralism, civil liberties, and critical thinking to hotbeds of Islamic extremism.
These Environmentalists Want To Ban Single-Use Plastics Because Recycling Them 'Will Never Work'
And yet infinitely recyclable plastics are on the horizon.
Florida Sheriff Arrests 10-Year-Old, Releases Mug Shot and Perp Walk, Then Uses Media Tour To Brag About It
“Scared straight” juvenile policing programs have a history of not working. They’re not the solution to school shootings.
Biden (Almost) Admits That His Own Stimulus Spending Stoked Inflation
Biden's three-point plan to tackle inflation is really a one-point plan: Let the Federal Reserve handle this mess.
A Scalia Clerk and A Stevens Clerk from OT 2007 Talk About Heller
"We think it’s clear that every member of the court on which we clerked joined an opinion — either majority or dissent — that agreed that the Constitution leaves elected officials an array of policy options when it comes to gun regulation"
CNN: SCOTUS Investigation Demands Phone Records From Clerks, Who Must Sign Affidavits
Leaks about the leaks continue.
Delta-8 Cannabis Compound Is Legal, Says Federal Appeals Court
Plus: Libertarian Party changes abortion and bigotry planks, the FDA's weird rejection of fluvoxamine for treating COVID-19, and more...
Fed Report Shows Who's Actually Using Crypto and How
Millions of lower-income or unbanked people are more likely to use cryptocurrency as a payment method.
If You Want Protection for Your Loved Ones, Do It Yourself
No hollow promise can replace our attachments to our children, spouses, friends, and our own lives.
Slippery Slope June
How should we think about slippery slope arguments, whether they come from liberals or conservatives or libertarians or anyone else?
A Former Public Defender Joins the Supreme Court
Newly confirmed Supreme Court Justice Ketanji Brown Jackson has a good track record on cases involving qualified immunity.
Does Pulling Funding from CUNY Law School Because of School's Anti-Israel Resolution Violate First Amendment?
$50K in funding was withdrawn by a Brooklyn councilwoman, and transferred to a different organization.
Has America Given Up on Free Speech?
A review of Mchangama's "Free Speech."
Unfazed by the Second Amendment, Democrats Want To Ban Gun Purchases by Young Adults
Two federal appeals courts recently concluded that such age restrictions are unconstitutional.
There's No Political Solution to the Baby Formula Shortage
Governments can't plan economies, but can disrupt them.
Habeas Grant in Defense-of-Others Case
A crack theft leads to alleged attempted rape and the shooting of the drug dealers / alleged attempted rapist.
The Return of Earmarks Means More Pork-Barrel Spending by Congress
Lawmakers stuffed more than $8 billion in pet projects into an omnibus federal spending bill passed in March. But wait, didn't Congress ban earmarks back in 2011?
City Can Choose What Gets Painted on City Roadways
Painting "Black Lives Matter" doesn't require New York to allow other groups to paint other slogans.
Appellate Court Upholds Trial Court's Rejection of "[Independent] Custody Investigator" Opinion
Among other things, the investigator "appeared to accept Father’s explanation that his 2003 kidnapping conviction based on allegations of domestic violence in a previous relationship was a misunderstanding, not the result of criminal conduct," "[finding] 'credible' Father’s explanation that he 'was unfairly incarcerated based on the lies of the victim and because of the racist justice system.'"
"Victorian-Era Orgasms and the Crisis of Peer Review"
Two phrases you probably didn't expect to see together.
Saving the Rainforest, One Pet Fish at a Time
Despite the objections of animal protection organizations, careful commercial fishing may be the best bet for the Amazon and the world's aquariums.
Mises Caucus Takes Control of Libertarian Party
Dominating the convention body by more than two-thirds, the Mises Caucus claims to offer an edgier, more libertarian organization. Foes accuse it of right-wing deviationism and racism.
Private Gun Carriers' Self-Defense Against Public Shooters
The Charleston (West Virginia) incident from a few days ago, the FBI 2021 statistics, and more.
A Maine Couple Is Suing the State for the Right To Hunt on Sundays
The Parkers filed their lawsuit under Maine’s new ‘right-to-food’ constitutional amendment.
Book Review: The Dawn of Everything: A New History of Humanity
Early cities' concentrated populations and burgeoning scale didn't spontaneously summon pharaonic god-kings or bureaucrats.
