The Constitutionality of a Federal Mask Mandate, Part II
Can Congress mandate that people in many (most) places wear masks?
Crime
Tech Tips for Zoom University: Get a Good Mic, But Your Camera Doesn't Really Matter
Zoom compresses all video uploads, turning the most high-definition stream into grainy video
Fractured Opinions, Stare Decisis, and Reproductive Rights
An 8th Circuit panel makes a hash out of the interpretation of the fractured opinions in SCOTUS' recent June Medical decision
Hillary Clinton Gets a Writ of Mandamus from the D.C. Circuit
Yes, they are still litigating over her emails.
The California Supreme Court Surprisingly Upheld Pension Reform Last Month
But it still reaffirmed the validity of the "California rule".
The Perverse Incentives of Page Limits v. Word Limits
With page limits, advocates are drawn to footnotes, which are single-spaced, in a smaller font, and take up less space.
Short Circuit: A Roundup of Recent Federal Court Decisions
Cuban ballplayers, regulating Puerto Rico, and the male-only military draft.
Opinions of the Court, Opinions Related to Orders, and Orders of the Court
The Supreme Court uses different sections to publish different types of opinions and orders.
The Constitutionality of a Federal Mask Mandate
What enumerated power would allow Congress to require people to wear masks?
Ted Cruz, Laurence Tribe, and Tammy Duckworth
In 2016, Professor Laurence Tribe said it was "not settled" whether Ted Cruz was a "Natural Born Citizen."
Update from University of Southern Maine: "No administrator will see the list of people who pledge to practice antiracist behaviors"
The pledge, as crafted, will not obtain any meaningful "aggregate-level" statistics.
In Rhode Island Case, Chief Justice Roberts Once Again Uses Shadow Docket to Maintain The Status Quo
"The status quo is one in which the challenged requirement has not been in effect, given the rules used in Rhode Island’s last election, and many Rhode Island voters may well hold that belief."
Welcome Back To (Virtual) Campus, and Follow Along My Classes This Semesters on YouTube
I teach on Mondays and Wednesdays. Property II (9:00-10:15 CT), Constitutional Law (10:30-12:10 CT)
Cancelling Chief Justice Melville Fuller
The Maine Supreme Judicial Court asked whether to remove statue of Chief Justice who joined Plessy majority
"For Free Speech, Today's College Students Are Tomorrow's Law Students, Lawyers, Politicians, and Judges"
We should not take for granted that the judges today generally agree on free speech culture.
Looting Businesses in Part Because They Are Patronized By / Associated With Racial Group = Hate Crime
Might be obvious, but worth noting.
Chicago Residents Wait Months for Permission To Defend Themselves
Despite an alarming increase in crime, Illinois is illegally delaying gun licenses.
"Anything They Wanted to Take, They Can Take It, Because These Businesses Have Insurance"
"That is reparations."
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.
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.
