Cancelling John Marshall: Two Law Schools Named After the Great Chief Justice Consider Dropping His Name
Told you so.
Crime
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."
After 8-Hour Meeting, Divided Texas Bar Refers ABA Model Rule 8.4(g) to Committee
The Disciplinary Committee will consider ABA Model Rule 8.4(g), as well as revisions to an old Texas Rule
Younger Abstention after Trump v. Vance
Did the Supreme Court quietly modify a major jurisdictional doctrine?
Classes #7: Enumerated Powers V and the Recording System
NFIB v. Sebelius, Chain of Title, and Recording Acts
Two Cheers for President Trump's Not-So-Short SCOTUS List
At this point, what difference does it make?
Judge Amy Coney Barrett's Assorted Canards of Contemporary Legal Analysis: Redux
The Case Western Reserve Law Review has published Judge Barrett's 2019 Sumner Canary Memorial Lecture
Did the Ninth Circuit Create a New Fourth Amendment Notice Requirement for Surveillance Practices?
An overlooked part of United States v. Moalin could have a major impact on surveillance law.
NCLA Challenges CDC's Eviction Moratorium
"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."
Partisan Taint in the Trump-Russia Investigation
We need FISA reforms that protect against partisan misuse of intelligence
No Punitive Damages in Sex Abuse Lawsuits Against Jeffrey Epstein Estate, Because of Epstein's "Reported Suicide"
Under N.Y. law, "punitive damages shall not be awarded" when the defendant is dead; that's also the general rule throughout the country.
