More Thoughts on Church Closings
On the possible risks of contagion, and why Evangelicals sue.
Criminal Justice
How Should Judge Sullivan Determine if the Government's Motion to Dismiss the Michael Flynn Case is Appropriate?
This "victimless" crime is a curious one for close judicial scrutiny of a Government motion to dismiss--closer scrutiny should be reserved for cases in which crime victims have a clear interest.
Tennessee May Finally Reform Draconian Drug-Free School Zone Laws
Too often, minor drug crimes turn into mandatory minimum offenses with lengthy sentences despite the fact these types of cases rarely involve drug dealing to minors.
Will the Supreme Court DIG Colorado Department of State v. Baca?
Justice Breyer and Gorsuch were annoyed by this "manufactured litigation."
"This decision will undoubtedly go down as one of the most blatant examples of judicial activism in" the Wisconsin Supreme Court's "history"
What about Ableman v. Booth (1858)?
Senate Votes Down Protections Against Warrantless Government Collection of Americans' Browser and Search History
The amendment lost by one vote. Absent from today's vote? Sen. Bernie Sanders.
The Logistics of Testing and Contract Tracing on Campus
How would Universities actually take steps to prevent the spread of COVID-19?
Recommendations to Improve Access to the Supreme Court
I hope the Supreme Court takes these recommendations seriously.
Frodo Baggins Appears in the U.S. Supreme Court,
in a hypothetical question posed by Justice Thomas.
Guest Post: Three Interconnected Errors in the Our Lady Of Guadalupe Oral Arguments
A guest post from Professor James Phillips
Will SCOTUS Revoke Its License for Police Abuse?
This week the justices are considering 13 petitions involving the pernicious doctrine of qualified immunity.
Judge Rules in Favor of Federal Inmates in Coronavirus Suit, Orders Speedier Releases
A Connecticut federal prison's failures to grant early release to eligible inmates "amount to deliberate indifference" under the Eighth Amendment, the judge says.
An Interesting Historical Note About the Bakke Case
The first major affirmative action case went down in history as a case about "reverse discrimination" favoring blacks, but the underlying facts were more complicated.
Was the House Lawyer Unable or Unwilling to Provide a Limiting Principle in the Tax Return Cases?
Douglas Letter's refusal to provide a limiting principle may have been deliberate.
Body Camera Footage Refutes LAPD Cop's Story About Being Attacked Before Brutalizing a Suspect
The LAPD released body camera footage of Frank Hernandez's use-of-force incident.
State AG May Sue Governor in Federal Court over Constitutionality of Travel Restrictions
So held a federal district court in Kentucky, in an epidemic-related lawsuit.
Cops Arrest Brooklyn Rabbi for Letting Kids—Ages 11, 8, and 2—Walk to the Store
They even sent an ambulance, because it's not like there's anything else going on in New York.
Jeffrey Epstein's Victims Receive Amicus Support in the Eleventh Circuit
The congressional co-sponsors of the Crime Victims' Rights Act (Senator Feinstein and former Senators Kyl and Hatch) and the National Crime Victim's Law Institute both file amicus briefs supporting rehearing en banc.
Federal Judge Calls Plea Bargain Deals That Limit Compassionate Release 'Appallingly Cruel'
Congress expanded compassionate release to allow inmates to petition judges, but federal prosecutors tried to use plea bargain agreements to subvert reforms, the judge says.
Is Supporting Academic Boycotts of Israel Consistent with Administering an Academic Program?
No, such individuals are pledged to violate university policy, civil rights laws, and academic freedom.
Gapple to Government: "Send Your Man to See My Man. And We'll Stiff Him."
It's Episode 315 of the Cyberlaw Podcast.
In Today's Indian Law Supreme Court Case, the State of Oklahoma's Lawyer Is Himself Indian
Fun fact about McGirt v. Oklahoma, where Oklahoma is arguing against the claim that Indian tribes had maintained jurisdiction over large chunks of Oklahoma (including Tulsa).
Tara Reade Tells Megyn Kelly That Joe Biden 'Should Not Be Running on Character'
Biden's sexual assault accuser told her side of the story in a lengthy interview with the former Fox News host.
How Supreme Court Doctrine Protects Cops Who Kill (or Otherwise Use Excessive Force)
A Reuters report suggests changes in qualified immunity doctrine have immunized police officers sued for misconduct.
Social Distancing at the Supreme Court
How will the Supreme Court handle oral arguments in the future? I propose a ticket lottery.
"The Constitution in the Time of Coronavirus" - Presentation at the Buckley Program on 5/11 at 4:30 E.T.
I will be talking about the Constitution and the Coronavirus over Zoom for the WIlliam F. Buckley Program
Originalism, Common-Good Originalism, and Common-Good Constitutionalism
Adrian Vermeule responds to Josh Hammer. We are watching an important debate unfold before our eyes.
An Early Version of the CARES Act Prevented Airlines From Reducing Workers From Full-time to Part-Time
But that provision did not make the final bill.
Can a Federal District Court Appoint A New U.S. Attorney? Can the President fire a U.S. Attorney appointed by a federal court?
This question may soon become relevant in the District of Columbia.
Kentucky Governor's Order Violates Free Exercise Clause as to In-Person Worship Services
So the Sixth Circuit held today, because of the many exceptions the Kentucky order provides for secualr activities.
