Judge Costa (CA5): "It is often said that courts 'strike down' laws when ruling them unconstitutional. That's not quite right. Courts hold laws unenforceable; they do not erase them."
He's right.
Crime
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.
Justice Department Prepares for First Federal Execution of a Woman Since 1953
Lisa Montgomery killed a pregnant woman and took her baby in 2004. She is clearly mentally unwell. What does killing her accomplish?
Understanding Governor Cuomo's Hostility Towards Jews
His press conference played on old, deeply-rooted, and painful anti-Semitic tropes.
New Article: What Rights are "Essential"? The 1st, 2nd, and 14th Amendments in the Time of Pandemic
The most thorough account of the first six months of COVID-19 litigation.
The Supreme Court Still Has Not Appointed A New Circuit Justice For the Second Circuit
The Court selected a replacement for the Fifth Circuit twelve days after Justice Scalia died.
New York Governor Cuomo Announces Jewish Redlining Policy (Updated)
Rather than imposing restrictions on high-density zip codes, New York will draw red lines (literally) around "clusters" in Orthodox Jewish neighborhoods.
New York Governor Cuomo: "I'm going to say to the orthodox community tomorrow if you don't agree then we will have to close down your religious institutions."
"I say [to a health officer] you're going to be stationed in front of Saint Peter's Church. The capacity is 150. You stand at the front door. When they go over you close the door and call me and if you have any problem this state police officer is down the block and he'll come help you."
Damned if You Do, and Damned if You Don't (Pay the Ransom)
Episode 331 of the Cyberlaw Podcast
Is the Right to Armed Self-Defense Obsolete?
When the government refuses to stop looting and rioting, armed self-defense is the only deterrent.
Oyez! Oyez! Oyez! The October Term 2020 of FantasySCOTUS is now in session
Predict all of the biggest cases at the Supreme Court
