Crime
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.
Indiana Supreme Court Creates a Clear Split on Compelled Decryption and the Fifth Amendment
Next stop, the U.S. Supreme Court?
Most Government Action Rests on the Threat of "Serious Force"
What would happen, I wonder, if protesters decide to set up an autonomous zone in the Twitter parking lot?
Church Closures and Judicial Deference
Public health officials have squandered their credibility
Why didn't the Trump Administration rescind DACA in a proper fashion?
Making the correct legal argument would have cast doubt on other elements of immigration law, and the acting DHS Secretary refused to say that DACA was a bad policy
Originalism in the State Courts: Justice Tom Lee of the Utah Supreme Court on the Due Process Clause of the Utah Constitution
"The original meaning of the constitution binds us as a matter of the rule of law. Its restraint on our power cannot depend on whether we agree with its current application on policy grounds. Such a commitment to originalism would be no commitment at all. It would be a smokescreen for the outcomes that we prefer."
Pro Choice Carpet Cleaning & Restoration
I wouldn't have expected abortion politics there ....
Textualism and Purposivism in Today's Supreme Court Decision on Discrimination Against Gays, Lesbians, and Transsexuals
The decision in Bostock v. Clayton County is well-justified from the standpoint of textualism (a theory associated with conservatives), but less clearly so from the standpoint of purposivism (often associated with liberals).
Want an edited copy of the Title VII Decision?
I edited the 120-page decision down to about 30 pages.
In Other Supreme Court News . . .
SCOTUS did more today than decide that Title VII applies to employment discrimination based on sexual orientation and transgender status.
Justice Thomas (Dissenting) Further Arguing Against Qualified Immunity
He views the doctrine as likely not authorized by the text of the Civil Rights Act of 1871, or the legal principles that it may have implicitly absorbed; instead, he argues, it was created it just "because of a 'balancing of competing values' about litigation costs and efficiency."
BREAKING: Supreme Court Holds Title VII Prohibits Discrimination Based Upon Sexual Orientation or Transgender Status (Updated)
Justice Gorsuch writes for six-justice majority that discrimination based upon sexual orientation or transgender status is sex discrimination under Title VII.
The Return of Court-Packing
Some progressive activist groups are trying to resuscitate the idea. Whether they succeed remains to be seen.
Washington Supreme Court Waives Bar Exam Requirement
for all J.D. graduates of law schools accredited by the American Bar Association who are already registered for the July or Sept. 2020 bar exams.
Short Circuit: A Roundup of Recent Federal Court Decisions
Horseshoeing school, tour guide licensing, and a lawsuit that will not go gentle into that good night.
