He follows Justice Thomas's dissent from Garza v. Idaho: "Where precedent is seriously questioned 'as an original matter' or under current Supreme Court doctrine, courts 'should tread carefully before extending' it."
"We hold that the constitution requires the Governor immediately to appoint and commission a constitutionally eligible nominee from among the seven remaining candidates already certified by the judicial nominating commission."
The Disciplinary Committee will consider ABA Model Rule 8.4(g), as well as revisions to an old Texas Rule
Did the Supreme Court quietly modify a major jurisdictional doctrine?
NFIB v. Sebelius, Chain of Title, and Recording Acts
At this point, what difference does it make?
The Case Western Reserve Law Review has published Judge Barrett's 2019 Sumner Canary Memorial Lecture
An overlooked part of United States v. Moalin could have a major impact on surveillance law.
"The order would abrogate the right to access the courts, violate limits on the Supremacy Clause, implicate the nondelegation doctrine, and traduce anti-commandeering principles."
We need FISA reforms that protect against partisan misuse of intelligence
Under N.Y. law, "punitive damages shall not be awarded" when the defendant is dead; that's also the general rule throughout the country.
The Kentucky Derby, phone tapping, and asylum.
Will casebooks need to expurgate a passage from the famous Youngstown concurrence?
"My vision is nothing short of establishing George Mason University as a national exemplar of anti-racism and inclusive excellence in action."
Can Scalia Law School and the Economics Department declare independence from GMU?
The Director of CDC "may take such measures to prevent such spread of the diseases as he/she deems reasonably necessary."
The statute, which upgraded threatening or intimidating from a misdemeanor to a felony "if the defendant is a criminal street gang member" (regardless of whether the crime is connected to gang membership), the court held, violates substantive due process.
(Note the citation to, among others, our own Randy Barnett.)
DCFaces establishes five grounds for cancellation. No one will survive the purges.
These policies will institutionalize viewpoint discrimination: only one perspective on a given issue is permissible. In the long run, academic freedom and open discourse will suffer.
A list of my upcoming online speaking engagements on various law and public policy issues. I am "open for business" for additional talks, too.
"[One day, t]he Bar Bureaucracy will have to answer for a medieval approach to mental health that is as cruel as it is counterproductive."
He did not overpromise, and he had the good sense to stop talking about a country beset by violence when he ran for a second term.
Plus: Alice Marie Johnson's RNC speech, Twitter bans bots pretending to be disillusioned black Democrats, and more...
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