Crime
Judge Torruella, the Lone First Circuit Judge in Puerto Rico, Passed Away
There is no statutory requirement that his successor must reside in Puerto Rico.
Briefs filed in Lebovits v. Cuomo and Agudath Israel of America v. Cuomo
Briefs filed by the Jewish Coalition for Religious Liberty and the Becket Fund for Religious Liberty.
Surprise: DOJ Is Not a Big Fan of Privacy-Preserving Cryptocurrencies
Privacy is a right, not a “high risk” and “possibly criminal” activity
The Original Meaning of "Born … in the United States"
It encompassed all territory under U.S. permanent sovereignty.
Justice Barrett: "I love the Constitution and the democratic republic that it establishes, and I will devote myself to preserving it."
"A judge declares independence not only from Congress and the President, but also from the private beliefs that might otherwise move her."
The Timing of DNC v. Wisconsin State Legislature
The Supreme Court released its opinion about thirty minutes before now-Justice Barrett was confirmed.
Supreme Court Affirms Stay of District Court Injunction Against Wisconsin Election Law
This time, the justices explain themselves.
The Seventh Rule of Court Packing Is To Rule Out Term Limits for Supreme Court Justices
Biden: "It's a lifetime appointment. I'm not going to attempt to change that at all... But I have made no judgment, my word."
Study Finds Sanctuary City Policies Reduce Deportations Without Increasing Crime
The much-publicized result is ocnsistent with previous studies on the impact of sanctuary city
Originalism and Birthright Citizenship
The original meaning of the citizenship clause answers some questions and raises some others.
Cuyahoga County Settles Anti-Discrimination Suit Against Covenant Weddings
The settlement is subject to federal court approval.
Did Christians Invent Religious Liberty?
A podcast on religious tolerance in early Christian thought
Institute for Justice: Totally Worth Your Donations
It's one of the public interest law firms that I admire most.
Short Circuit: A Roundup of Recent Federal Court Decisions
Vote hauling, signature verification, and extended deadlines.
Sixth Circuit Strikes Down Transportation Agency's Exclusion on "Political" Ads and Ones That "Scorn or Ridicule"
The case involved an anti-Islam ad; the court reversed its earlier decision in favor of the transportation agency, based on two more recent Supreme Court decisions.
Biden's Proposed Bipartisan Commission on Court Reform Could be a Hopeful Sign for Opponents of Court-Packing
The implications of this move are far from clear. But it could well be a step to avoid court-packing, rather than promote it.
The Sixth Rule of Court Packing is Appoint A Commission To Recommend Court Packing
Biden: "If elected, what I will do is I'll put together a national commission."
Fun Facts About Judge David C. Westenhaver of the U.S. District Court for the Northern District of Ohio (1865-1928)
The Wilson appointee presided over the sedition trial of Eugene Debs and declared unconstitutional the Village of Euclid's zoning code
Vexatious Litigant vs. Linda Sarsour
Allegedly being "a plain, ill-dressed woman" who "indulges in coquettish vanity"? Oddly enough, not legally actionable.
Classes #18: The Scope of the 14th Amendment III and Zoning I
Yick Wo, Plessy, and Village of Euclid
ACB on RAP
Doug Kmiec writes that his former student, Amy Coney, "deftly answered" questions about the Rule Against Perpetuities.
Venue, People with Two Homes, and Commentator / Retired Judge Andrew Napolitano
Remember: Lawyers' true superpower is to turn every question into a question about procedure.
Property Owners' Lawsuit Against Seattle Over Its Toleration of the "CHOP" Takeover Can Go Forward
Plaintiffs allege that Seattle affirmatively supported the Capitol Hill Occupying Protest (rather than just declining to stop it).
R Street Institute Event with Two Ilyas - Speaking About Our Respective Books
Ilya Shapiro of the Cato Institute and I will be speaking about our respective new books: "Free to Move: Foot Voting, Migration, and Political Freedom," and "Supreme Disorder: The Politics of America's Highest Court."
Fight Like a Canadian
Interviewing Citizen Lab's Ron Deibert in Episode 334 of the Cyberlaw Podcast
Classes #17: The Scope of the 14th Amendment II and Covenants IV
Strauder v. West Virginia, the Civil Rights Cases, Sanborn v. McLean, Shelley v. Kraemer, Western Land v. Truskolaski
Supreme Court Denies Request for Stay in Pennsylvania Election Dispute
The court split 4-4 in what could have been a major election decision.
One week away from Justice Barrett's (likely) confirmation, the Court 4-4's an appeal from the Pennsylvania Supreme Court
The application for a stay was filed on 9/28, and the briefing completed on 10/6. 13 days later, the Court was unable to break a deadlock.
