Textualism, Title VII, and "Discrimination . . . Because of Such Individual's Sex"
Does the text of Title VII prohibit discrimination on the basis of sexual orientation or transgender status?
Criminal Justice
Forgotten Persuasion
We write to persuade, but how do we overcome the reader's memory constraints?
Public Health Measures Enforced by Violence Aren't as Healthy as Governments Pretend
When will Americans learn?
A Tension in Judge Wilkinson's Emoluments Clauses Dissent
If Washington’s conduct helps us understand the meaning of “emoluments,” it should also help us understand the scope of the Foreign Emoluments Clause.
Lawsuit Against Fox News Claims Cable Television Is Unprotected by the First Amendment
This is the Washington state suit alleging that Fox News had distributed false information about coronavirus.
The Championship Round of the OT 2019 Harlan Institute-ConSource Virtual Supreme Court Competition
Thank you to Judges Costa and Willett and Justice Guzman. Congratulations to Curtis Herbert and Hayat Muse of Minnesota!
10 Ways a Roadside Police Stop Can Go Wrong
What could happen—and what to do about it—if you get pulled over by the cops
Dr. Raj S. Bhopal on Indians and Race
An interesting take from an expert on race and medicine.
The Breonna Taylor Shooting Shows How Reckless Drug War Tactics Lead to Senseless Deaths
At this point, police can hardly be surprised when they are mistaken for armed criminals.
Feds To Investigate Death of Breonna Taylor After Botched Kentucky Narcotics Raid
Louisville Metro Police Department said officers identified themselves in a no-knock raid. Neighbors said that's not true.
Short Circuit: A Roundup of Recent Federal Court Decisions
Botanical accuracy, puppycide, and accusations of impropriety.
The ACLU Sues To Stop Rules That Strengthen Due Process
Plus: The House of Representatives goes virtual, Americans start moving around again, and more...
In His Advocacy Against Legislative History, Did Scalia Get Half a Loaf, or None at All?
Our new paper on circuit court judges’ citation practices produces surprising results.
Justice Thomas Asks How to Characterize Presidential Electors
Are they “subordinate state officers”? Do they perform a “federal function”? Do they hold a “Public Trust under the United States”?
The Irony of "The Plot Against America"
The book and mini-series imagine Pres. Charles Linbergh dispersing Jews to the hinterlands, but FDR was the one who actually favored that.
Senate Renews FBI Surveillance Powers With Modest Reforms
An effort by Sen. Rand Paul to forbid warrantless investigation of citizens was soundly defeated.
ICE Agents Fight Sex Trafficking by Paying Potential Victims for Hand Jobs
In "Operation Asian Touch," federal agents coerced suspected human-trafficking victims into sex acts. Local cops seized money and threw them in jail.
The ACA and the Declaratory Judgment Act
Is there statutory jurisdiction in California v. Texas?
More Thoughts on Church Closings
On the possible risks of contagion, and why Evangelicals sue.
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.
