National Law Journal: "Should Law Schools 'Cancel' SCOTUS Titan John Marshall?"
Cancelling John Marshall makes it big.
Crime
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).
Federal Court Holds Pennsylvania's Shutdown Order Unconstitutional: Stay-at-Home Order
More on this interesting decision (and one that takes a much less government-friendly approach than many other recent decisions on these general topics).
Excluding Transit Ads That "Contain Political Messages" Violates the First Amendment
The distinction between "political messages" and other messages isn't "capable of reasoned application," holds the Third Circuit.
The Cato Institute's 19th Annual Constitution Day Conference
This year's annual confab is remote, but will still feature the annual B. Kenneth Simon Lecture and release of the Cato Supreme Court Review.
The Supreme Court of Texas Asked to Consider "De Facto" Zoning in Houston
Houston prohibits zoning. But Houston permits a "Historic Preservation Ordinance."
Eleventh Circuit Panel finds that Maritime Drug Law Enforcement Act exceeds Congress's Powers under the Foreign Commerce Clause and the Necessary and Proper Clause Powers
This case may be headed to the Supreme Court.
There Is No Court of History
Chief Judge Pryor "write[s] separately to explain a difficult truth about the nature of the judicial role."
Short Circuit: A Roundup of Recent Federal Court Decisions
Voter fraud, Jersey Boys, and inescapable tax debt.
Judge Bumatay on Originalism in the Lower Courts: "It is our duty to apply the Constitution—not extend precedent"
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."
Update from the Florida Supreme Court: The Governor Has To Make A New Selection By Monday
"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."
