Crime
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.
NYC Imposes Additional Requirements on Private Schools in Predominantly Jewish Neighborhoods in Queens and Brooklyn
But the City did not impose restrictions on similarly situated, non-Jewish neighborhoods in the Bronx, Manhattan, and Staten Island
Today, CUNY School of Law. Tomorrow, your Law School.
Threatening to burn a person with a lighter is peaceful free speech, but the name John Marshall is violent speech.
National Law Journal: "Should Law Schools 'Cancel' SCOTUS Titan John Marshall?"
Cancelling John Marshall makes it big.
SF Author & Futurist David Brin + 4 Law Profs on the Future of the Internet and Micropayments
The law professors are Jane Bambauer (Arizona), Mark Lemley (Stanford), and me, and moderator Ted Parson (UCLA).
Teaching Seila Law v. CFPB
The Chief Justice surgically sliced up the Court's removal power cases into four categories.
Classes #12 Separation of Powers II and Easements III
Seila Law and Assignability of Easements
The First Rule of Court Packing is you do not talk about Court Packing.
The second rule of Court Packing is you do not talk about Court Packing.
Democratic Policy & Communications Committee Cites "Unprecedented"
"The organizations collaborated with the Republican attorneys general who filed suit and conscripted law professor Randy Barnett to draft an influential report on the constitutionality of the ACA."
"The Most Gullible Man in Cambridge" is Ordered to Show Cause Why His Complaint Should Not Be Dismissed
"In order to invoke this Court’s diversity jurisdiction, Plaintiff must allege that the citizenship of each member of the LLC defendant was diverse from that of Plaintiff at the date of this action’s filing."
"The Only Rule that Governs the Confirmation Process Is the Law of the Jungle"
A 2016 op-ed by Benjamin Wittes and Miguel Estrada is worth revisiting.
What Sort of Justice Should You Want on the Other Side?
Noah Feldman explains why liberals should want someone like Amy Coney Barrett on the Supreme Court
What did Professor Amy Coney Barrett say about NFIB v. Sebelius?
"In NFIB v. Sebelius, the inspiration for Barnett’s book, Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute."
Stop Overpolicing
Excessive traffic and pedestrian stops, especially in black communities, are dangerous and counterproductive.
My Contribution to the Politico Symposium: "A New Roberts Court Begins for the Last Time"
If reports are accurate, Justice Amy Coney Barrett may be the final 9th Justice
Federal Court Holds Pennsylvania's Shutdown Order Unconstitutional: Business Shutdown
Still more on this interesting decision (and one that takes a much less government-friendly approach than many other recent decisions on these general topics).
