Overtime July begins with Emanations and Penumbras from the Shadow Docket
The Court quietly ruled on Abortion, Free Exercise, the Mueller Report, Voting Rights, and the Suspension Clause.
Crime
Golden State Killer's Capture Complicates Documentary I'll Be Gone in the Dark
What happens when a decades-long mystery gets solved while you’re explaining it?
Somerville (Mass.) Allows Multi-Member Domestic Partnerships
Partners (who needn't be romantically involved with each other) can benefit from each other's health insurance—but siblings living together can't.
The Ten Phases of Blue June
Phase 1 began with South Bay v. Newsom on May 29. Now, we go into Phase 10: Overtime.
Stare Decisis is an Old Latin Phrase that Means "Let the Decisions of the Warren Court Stand"
Halfway Stare Decisis, like Halfway Textualism, Allows the Court to be Ruled by the Dead Hand of William Brennan.
Chief Justice Roberts Rewrote Morrison v. Olson
Roberts's fidelity to stare decisis does not include following precedents as written. And we all know it.
Justice Kagan on Hamilton in Federalist No. 77
Hamilton said that Senate must consent when a new President "displaces," that is substitutes an old officer with a new officer.
The Roberts Court Slowly Inters Justice Kennedy's Ephemeral "Jurisprudence of Doubt"
Blue June buries Boumediene, Whole Woman's Health, and Trinity Lutheran Footnote 3.
A Rosy End to Blue June
Is Espinoza enough to make conservatives look past the Chief's never-ending chess match?
Defendant "Not Likely to Emerge From … His [5-Year] Sentence … with a Thoughtful and Pacific Approach to His Fellow Man"
A new three-strikes sentencing opinion from a California court.
The Chief Justices Battle over the Removal Power
Roberts and Kagan present two very different conceptions of the separation of powers.
Blue June Glooms On
The Chief feints left on abortion, tiptoes to the right on the CFPB, and Thomas is still waiting for Godot
Mask Mandates and Broccoli Mandates
The opposition to mask-mandates harkens back to the Obamacare challenge.
Justice Brennan rejected the "literal" meaning of Title VII in United Steel Workers v. Weber
This landmark Title VII case relied on the "familiar rule" from Church of the Holy Trinity v. United States.
The 9th Circuit Erred Again: Youngstown does not support the existence of an "equitable ultra vires cause of action"
The steel mill owners had a concrete, property interest that was impaired by the government's actions. The plaintiffs did not rely on a generalized allegation of ultra vires action by the Secretary of Commerce.
Is the Criminal Justice System Racist? A Soho Forum Debate
The Washington Post's Radley Balko vs. the Manhattan Institute's Rafael Mangual on whether "there is overwhelming evidence that the criminal justice system is racist."
Radley Balko and Rafael Mangual Debate Systemic Racism
The Washington Post's Radley Balko vs. The Manhattan Institute's Rafael Mangual on whether or not "there is overwhelming evidence that the criminal justice system is racist."
New on NRO: "Justice Gorsuch's Half-Way Textualism Surprises and Disappoints in the Title VII Cases"
Randy Barnett and I explain where Justice Gorsuch went wrong in Bostock
Designing Institutions that Promote Foot Voting and Minimize Potential Downsides
Fifth and final post in a series based on my new book "Free to Move: Foot Voting, Migration, and Political Freedom"
More Massive Sanctions on Richard Liebowitz, "Copyright Troll" and "Legal Lamprey"
"One of the most frequently sanctioned lawyers, if not the most frequently sanctioned lawyer," in the Southern District of New York.
Rhetoric, Polarities, and Trump
Rhetorical power isn't about one thing; it's always about two.
Kendi and Reynold's Stamped: Racism, Antiracism and You, a Remix--A Partial List of Errors
Many high schools and middle schools are assigning this 'antiracism' book associated with Critical Race Theory; besides being ideologically pernicious, it's bad history
Originalism and the Suspension Clause in DHS v. Thuraissigiam
The majority and dissent vigorously disagree about the role history should play in this Suspension Clause case
Where does DHS v. Thuraissigiam stand?
The Court's first major Suspension Clause case since Boumediene.
Farewell to the Marriott Wardman Hotel in Washington, D.C.
The AALS "Meat Market" will have to find another home; or go fully virtual!
Justice Alito wrote Thuraissigiam; Chief Justice Roberts and/or Justice Breyer will wrap up Blue June
June Medical, Espinoza, and Seila Law remain from the pre-COVID cases
Prison Guards Who Locked Naked Inmate in Cell Filled With 'Massive Amounts' of Feces Got Qualified Immunity
The 5th Circuit Court of Appeals acknowledged that the plaintiff's Eighth Amendment rights were violated.
What Did Holmes Know About Language That We Don't?
Still more lessons on good writing from the masters.
