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.
Crime
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.
The "NO BAN Act" Would Modify The Statutory Regime That Authorized President Trump's Travel Bans
This statute would obviate the statutory analysis in Trump v. Hawaii.
Short Circuit: A Roundup of Recent Federal Court Decisions
A transatlantic pie fight, a pecunious divorce, and a putrid pool of purple ink.
New in the Atlantic: Justice Gorsuch's Half-Way Textualism Cuts the Civil Rights Act and Oklahoma in Half
Justice Gorsuch needs to account for both text and precedent when interpreting old statutes.
Judge Callahan (CA9) Corrects Press Report That Failed To Note Her Dissent
The reporter made a good-faith mistake based on an incomplete PACER download. Judge Callahan should apologize.
Trusted Traveler Program Access Restored for New Yorkers
But the real story are DHS' s painful lies to SDNY
The Elephant in the Room for the Diploma Privilege Debate
Nationwide, 80% of first-time test takers pass the bar exam, and 90% will pass within two years. But 10% of takers will not have passed after two years, and some will never pass.
New on SCOTUSBlog: "Invisible majorities: Counting to nine votes in per curiam cases"
I try to make sense of the votes in the Faithless Electors Cases and the Creek Nation Cases
"There Are Good Reasons Not to Disparage Your Opponent, Especially in Court Filings"
A reminder from Judge Thapar that insults and invective are no substitute for argument.
Can the impartiality of a judge be reasonably questioned if she asks questions during oral arguments, but does not decide the case? (Updated)
Judges Luck and Logoa (CA11) asked questions about a Florida law while they were serving on the Florida Supreme Court, but did not decide the case.
More in the Richard Liebowitz Saga
"The Movants are undoubtedly correct in asserting that 'nationwide sanctions' are rare, but that is only because they are rarely warranted."
The Sierra Club Asked The Supreme Court To Lift The Stay in The Border Wall Case. But There Is No "Equitable Ultra Vires Cause Of Action"
The Sierra Club conflates illegal conduct with the ability to challenge illegal conduct in court.
Plaintiff Distressed by Neighbors' Cameras—Because of His PTSD—Can't Get Restraining Order
The standard under Minnesota law for what is impermissible harassment, the Minnesota Court of Appeals concludes, is objective, not subjective.
Louisiana Supreme Court Divides 4-3, Cancels In-Person Bar Exam, Forces Repeat Takers to Sit for Online Exam, Grants "Qualified" Candidates A Diploma Privilege (Updated)
Three justices bitterly dissented. One observed that after Hurricane Katrina, some test-takers had to retake portions of the bar exam.
It's Getting Harder and Harder to Distinguish Satire from Earnest Wokeness, II
Rutgers English Department says grammar is racist.
It's Getting Harder and Harder to Distinguish Satire from Earnest Wokeness
If you've seen the Smithsonian American History Museum's "white culture" graphic, you know what I mean.
7 Modules for First Amendment (Speech and Religion)
Powerpoint Slides and Videos from "An Introduction to Constitutional Law"
Does a Judge have to recuse if a conflicted party files an amicus brief? Or should the brief be struck?
The Fifth Circuit struck the brief. Judge Brasher (CA11) recused.
Federal Judge's Son Killed and Husband Injured by Men's Rights Activist Lawyer
Threats Against Federal Judges on the Rise
16 Modules for Constitutional Law II (Rights and Equal Protection)
Powerpoint Slides and Videos from "An Introduction to Constitutional Law"
Solipsistic Europocrisy meets judicial imperialism
It's Schrems II in episode 325 of the Cyberlaw Podcast
Why does the Supreme Court use different language for remands to state court and federal court?
The former uses "further proceedings not inconsistent with this opinion" and the latter uses "further proceedings consistent with this opinion."
Do "People Who Are Black Have Strong Historical and Cultural Commonalities" Regardless of Where They are from and Where They Live?
Obviously not, but the Associated Press says otherwise.
