Supreme Court Upholds Broad Reading of Clean Water Act
Environmental groups were worried the Court would curtail CWA jurisdiction in Maui v. Hawaii Wildlife Fund. It didn't.
Crime
Miami Has Recorded No Homicides in 6 Weeks Despite Deliberate Decline in Police Enforcement
Miami’s police chief orders officers to reduce ticketing and public interactions. Mayhem doesn’t ensue.
DOJ Dismisses Indictment of Machine Gun Prosecution While Cert Petition Was Pending
How often does the SG dismiss an indictment while a cert petition is pending, without a confession of error? And is there a connection to the Obamacare case?
SG Confesses Error on Secret Immigration Docket, SCOTUS GVRs
Thanks for Marcia Coyle for tracking down the Solicitor General's confession of error, which was not publicly available
Law Schools Still Accepting Applications for the Incoming Fall Class
My law school is. Anyone else?
Automated License Plate Readers, the Mosaic Theory, and the Fourth Amendment
The Massachusetts Supreme Judicial Court weighs in.
"Litigating Citizenship" in Print in Vanderbilt Law Review
On due process and citizenship litigation
Grandchildren in Sandboxes, Elephants in Watering Holes
Gems from Atlantic Richfield Co. v. Christian
Making Sense of the Votes in the Ramos v. Louisiana Majority (Updated)
Ramos was not nearly as fractured as Apodaca, but the Court is still splintered on the value of precedent
Unusual Supreme Court Lineup Holds that Jury Verdicts in (Most) Criminal Cases Must Be Unanimous
All three of today's Supreme Court decisions featured unusual alignments among the justices.
Short Circuit: A Roundup of Recent Federal Court Decisions
Hair microscopy, an economist breaks bad, and the non-prosecution of Jeffrey Epstein.
"I Suppose You Legally Have a Right Not to Give Your ID [to Police],"
"but then you probably are making a judgment call that you need to let a judge make"—reasoning from a New Mexico trial court judge, recently reversed by an appellate court.
The Art of the Troll
Trump is a master of instantly changing the narrative so we forget about yesterday.
The "Elite Eight" Round of the OT 2019 Harlan Institute-ConSource Virtual Supreme Court Competition
Congratulations to the top 8 teams
Noel Canning Redux: Justices Breyer and Scalia wrote that the President could use the adjournment power to block Senate "intransigence" (Updated)
No President has ever adjourned Congress before. Yet at least.
SCOTUS Drives a Stake Through The Heart of Rule 33.1
The Supreme Court should permanently exempt cert-stage briefs from the Byzantine printing and paper requirements of Rule 33.1
Is the Supreme Court About to Take Its First Big CFAA Case?
Probably. And they certainly should.
Penn. S. Ct. Rejects Free Speech Challenge to Shutdown
See below for posts about other parts of this interesting and important opinion.
Florida Judge Offers Advice for Zoom Hearings: Dress Appropriately
"It is remarkable how many ATTORNEYS appear inappropriately on camera."
Should We Replace Traditional Elections with Sortition?
Recent controversies over election rules and the coronavirus threat have bolstered advocates of decision-making by randomly selected groups of voters. But this approach still has serious flaws.
The Eleventh Circuit Concludes That Jeffrey Epstein's Florida Victims Had No Rights Under the Crime Victims' Rights Act.
While calling the secret non-prosecution agreement of Epstein a "national disgrace," the Eleventh Circuit holds that the CVRA only extends victims' rights after an indictment. We will ask for rehearing en banc.
The Google-Apple infection tracker has a privacy problem. Just not the one you think.
It puts privacy ideology above public health effectiveness
We Are All Federalists Now
Chief Justice Rehnquist's prescient prediction in Garcia v. San Antonio Metropolitan Transit Authority (1985)
