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
Crime
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
The 2020 Harlan Institute-Ashbrook Virtual Supreme Court
The Harlan Institute and Ashbrook announce the Eighth Annual Virtual Supreme Court Competition.
Turmoil in Texas Attorney General's Office (Updated)
A top aide resigns after he and others accuse Texas AG Ken Paxton of "a potential violation of law."
Minnesota Anti-Mask Law Doesn't Ban the Wearing of Masks for Public Health Reasons
"The statute does not make it unlawful to wear robes and masks; the statute makes it unlawful to wear disguises."
Would Justice Barrett Be Required to Recuse in the Texas ACA Case?
Does participation in a moot court require recusal?
The ACA's Legislative Findings Do Not Constitute an "Inseverability Clause"
A core element of the latest case against the Affordable Care Act rests on a legal fiction.
With Prop 16, the Slave Reparations Task Force, and Much Else, the California Legislature Has Gone Off The Deep End
With Prop 16 at least, the voters will have a chance to weigh in soon.
Do Professors Akhil and Vikram Amar Still Think the Presidential Succession Act is Unconstitutional?
I hope the Amars can answer a simple question. Who is in line for the Presidency after Vice President Pence: Speaker Pelosi or Secretary of State Mike Pompeo?
Michigan Supreme Court Invalidates Governor's COVID Order
The opinion answered questions certified from a federal district court.
Yes, the Presidential Succession Act is Constitutional.
In November, Seth Barrett Tillman and I wrote that Speaker Pelosi can succeed to the Presidency
Short Circuit: A Roundup of Recent Federal Court Decisions
The trial penalty, access to bail hearings, and mustard gas.
More details on Nixon and Kennedy's final appointments.
Nixon made a nomination the day before he resigned "to show the government was still running." And I suspect Johnson kept Thornberry in the House to help with passage of the Civil Rights Act.
Another Big Law and Religion Case on the Horizon?
Religious property disputes may be headed back to the Supreme Court
How Judge Barrett Ruled in the Texas ACA Case (Updated)
Judge Amy Coney Barrett participated in a moot court of Texas v. California, and it did not go well for the challengers.
What happens to a pending judicial nomination if the appointing President dies/resigns?
At least three judges nominated by President Nixon were appointed by President Ford. Ditto for nominees by President Kennedy.
