Is Kamala Harris Legally African American, Indian, Both, Neither, or Something Else?
Harris' origins allow her to properly claim Asian or Black/African American legal status, and she has chosen the latter.
Crime
Public Trial Clause Not Violated by Having Spectators Observe Via Live Video and Audio
This departure from the norm of in-person observation is justified by the pandemic, a federal judge concludes.
California Voters Will Decide Whether They Want To End Cash Bail Once and for All
Bail bond companies fight to protect their industry, while some civil rights groups worry the reforms won't actually reduce pretrial detentions.
Trump Teases Further on Executive Order on Pre-Existing Conditions: It's a "Double Safety Net" and a "Second Platform."
I think the President is hinting, even more strongly, at the executive order proposed in the Cato Amicus brief.
Openness and Privacy in Court Cases Dealing with Litigants' Medical Information
"[A] uniform practice of social security opinions bearing only claimants' initials" might be a good idea in principle, says the Seventh Circuit, but "[g]iven everything that has transpired over the years, we cannot revisit the application of [the] standard practices regarding the publication of judicial decisions and orders in social security matters."
Will the Marks Rule Inter Two of Justice Kennedy's Decisions from OT 2015?
Fisher II had a four-member majority. And at least one court read June Medical as overruling WWH in part.
The Statutory Authorization for President Trump's Memorandum Deferring Payroll Tax Obligations
26 U.S.C. 7508A gives the Secretary the authority to "specify a period of up to 1 year that may be disregarded in determining, under the internal revenue laws, in respect of any tax liability of such taxpayer" whether the "Payment of any income, estate, gift, employment, or excise tax or any installment thereof or of any other liability to the United States in respect thereof" was "performed within the time prescribed therefor . . . of such disaster or action."
The Statutory Authorization for President Trump's Disaster Relief Memorandum
42 U.S.C. 5174(e)(2): "The President, in consultation with the Governor of a State, may provide financial assistance" to "an individual or household in the State who is adversely affected by a major disaster" to address "other necessary expenses or serious needs resulting from the major disaster."
The Mechanics of President Trump's Payroll Tax Deferral Memorandum
Defer payroll taxes till December 31, 2020, and forgive them if Trump wins re-election.
The Mechanics of President Trump's Disaster Relief Memorandum
States can choose to obtain additional funding for providing unemployment benefits.
Tentative Thoughts on Trump's Four Executive Actions
The Trump Administration tries to employ the Regents strategy before the election.
President Trump's Four Executive Actions
(1) Student loan payment relief, (2) assistance to renters and homeowners, (3) deferring payroll tax obligations, (4) assistance for COVID-19.
Limiting Weddings at Restaurants, While Allowing Ordinary Dining at Restaurants, Violates Equal Protection
"the activities that will be engaged in during a wedding will be much the same as those engaged in while dining at a restaurant, including having groups of individuals of no more than ten in number at tables seated for dining."
Charges Dismissed in Prosecution for Re-Tweeting Request to Identify Police Officer
This is the Georgana Sziszak case I blogged about yesterday.
The Eleventh Circuit Grapples With Title IX, and the Equal Protection Clause, in the Wake of Bostock
Judge Martin and Chief Judge Pryor vigorously disagree over how to characterize a bathroom case from Florida.
Trump Teases Executive Order On Pre-Existing Protections, I Suspect, To Help With ACA Litigation
The Cato Institute's amicus brief in California v. Texas proposed a very similar idea.
Louisiana Supreme Court Justice Who Cast Deciding Vote For Diploma Privilege Has Daughter Who Will Receive Diploma Privilege
Justice Wiemer said he did not need to recuse, or disclose the fact that his daughter was scheduled to take the bar exam.
Should Colleges Force Students To Turn Their Cameras On?
What about students who do not wish to share their image?
Leaked Footage Shows Aggressive Cops Terrifying George Floyd in His Last Minutes Before Death
The fatal encounter demonstrates why police reformers want more departments to train officers in de-escalation.
Boston Bomber May Dodge Death Penalty as Justice Department Preps for More Executions
Court panel rules judge didn't properly evaluate juror bias against Dzhokhar Tsarnaev.
What Explains Why Homicides Are Increasing Significantly Across the Country Since Late May?
A "Minneapolis effect" from lack of policing is a possible explanation for the startling 37% increase in murders in major cities in recent weeks.
The Government Should Stop Mandating the Use of "Race" in Medical and Scientific Studies
The FDA and the NIH each require as a condition of funding that scientists break down their data by a totally unscientific "race" classifications.
Are These the Folks You Want Policing Your City?
However necessary a federal presence may be in some places, DHS should leave the CBP at home.
Chief Justice Roberts and Injunctive Relief
The Chief Justice's votes against injunctive relief for churches, voters, and those on death row are of a piece.
On-Campus Recruiting over Zoom
Law schools can help their students present better interviews over videoconferences.
Can Congress Issue A Subpoena to Federal Judges About Internal Judicial Deliberations?
Could the House or Senate require Federal Judges To testify why they declined to recuse in a case?
Adult Daughter Who Relies on "Faith-Based Medicine" Loses Guardianship Over Intellectually Disabled Mother
The Alaska Supreme Court, applying the RFRA-like state constitutional regime, concludes that removing the daughter as guardian is necessary to serve a compelling government interest.
The Three Dissents in Calvary Chapel Dayton Valley v. Sisolak
Justice Kavanaugh's dissent cogently explains why the Chief Justice erred in South Bay. The Chief Justice has no response.
