Is Kamala Harris Legally African American, Indian, Both, Neither, or Something Else?
Harris' origins allow her to properly claim Asian or Black/African American legal status, and she has chosen the latter.
Criminal Justice
Public Trial Clause Not Violated by Having Spectators Observe Via Live Video and Audio
This departure from the norm of in-person observation is justified by the pandemic, a federal judge concludes.
Colorado Cop Says He Didn't Mean 'KILL THEM ALL' Literally
Colorado Springs Police Sergeant Keith Wrede insists he was just "going crazy" to Metallica and doesn't want protesters to die.
California Voters Will Decide Whether They Want To End Cash Bail Once and for All
Bail bond companies fight to protect their industry, while some civil rights groups worry the reforms won't actually reduce pretrial detentions.
Video: Key West Police Arrest and Try To Handcuff 8-Year-Old Child
His wrists were too small for the cuffs, though.
Trump Teases Further on Executive Order on Pre-Existing Conditions: It's a "Double Safety Net" and a "Second Platform."
I think the President is hinting, even more strongly, at the executive order proposed in the Cato Amicus brief.
Chicago Cuts School Police Budget by More Than Half
In other news, Chicago Public Schools will still spend $15 million on school police.
Openness and Privacy in Court Cases Dealing with Litigants' Medical Information
"[A] uniform practice of social security opinions bearing only claimants' initials" might be a good idea in principle, says the Seventh Circuit, but "[g]iven everything that has transpired over the years, we cannot revisit the application of [the] standard practices regarding the publication of judicial decisions and orders in social security matters."
Will the Marks Rule Inter Two of Justice Kennedy's Decisions from OT 2015?
Fisher II had a four-member majority. And at least one court read June Medical as overruling WWH in part.
The Statutory Authorization for President Trump's Memorandum Deferring Payroll Tax Obligations
26 U.S.C. 7508A gives the Secretary the authority to "specify a period of up to 1 year that may be disregarded in determining, under the internal revenue laws, in respect of any tax liability of such taxpayer" whether the "Payment of any income, estate, gift, employment, or excise tax or any installment thereof or of any other liability to the United States in respect thereof" was "performed within the time prescribed therefor . . . of such disaster or action."
The Statutory Authorization for President Trump's Disaster Relief Memorandum
42 U.S.C. 5174(e)(2): "The President, in consultation with the Governor of a State, may provide financial assistance" to "an individual or household in the State who is adversely affected by a major disaster" to address "other necessary expenses or serious needs resulting from the major disaster."
The Mechanics of President Trump's Payroll Tax Deferral Memorandum
Defer payroll taxes till December 31, 2020, and forgive them if Trump wins re-election.
The Mechanics of President Trump's Disaster Relief Memorandum
States can choose to obtain additional funding for providing unemployment benefits.
Tentative Thoughts on Trump's Four Executive Actions
The Trump Administration tries to employ the Regents strategy before the election.
President Trump's Four Executive Actions
(1) Student loan payment relief, (2) assistance to renters and homeowners, (3) deferring payroll tax obligations, (4) assistance for COVID-19.
Limiting Weddings at Restaurants, While Allowing Ordinary Dining at Restaurants, Violates Equal Protection
"the activities that will be engaged in during a wedding will be much the same as those engaged in while dining at a restaurant, including having groups of individuals of no more than ten in number at tables seated for dining."
Charges Dismissed in Prosecution for Re-Tweeting Request to Identify Police Officer
This is the Georgana Sziszak case I blogged about yesterday.
The Eleventh Circuit Grapples With Title IX, and the Equal Protection Clause, in the Wake of Bostock
Judge Martin and Chief Judge Pryor vigorously disagree over how to characterize a bathroom case from Florida.
Trump Teases Executive Order On Pre-Existing Protections, I Suspect, To Help With ACA Litigation
The Cato Institute's amicus brief in California v. Texas proposed a very similar idea.
Louisiana Supreme Court Justice Who Cast Deciding Vote For Diploma Privilege Has Daughter Who Will Receive Diploma Privilege
Justice Wiemer said he did not need to recuse, or disclose the fact that his daughter was scheduled to take the bar exam.
Should Colleges Force Students To Turn Their Cameras On?
What about students who do not wish to share their image?
Was the L.A. District Attorney's Husband Acting in Self-Defense When He Threatened to Shoot Protesters on His Porch?
David Lacey faces three misdemeanor assault charges that hinge on whether he reasonably believed he and his wife were in danger.
The Eleventh Circuit Grants Rehearing En Banc on the Victims' Challenge to Epstein's Non-Prosecution Agreement
The full Court will consider whether Jeffrey Epstein's victims can argue for invalidating the immunity provisions in the Epstein deal.
Nashville Promised a Crackdown on Mask-Defying Partiers. Then They Arrested a Homeless Man with a Drug and Drinking Problem.
This is what it looks like when you get the police involved in public health issues.
81 Percent of Black Americans Want the Same Level, or More, of Police Presence: Gallup
Growing calls to defund or abolish cops in the wake of police-brutality protests are at odds with what most African Americans actually want.
Iowa Governor Restores Voting Rights to Tens of Thousands With Felony Records
Iowa was the last state in the U.S. with a lifetime voting ban for anyone with a felony record.
The Cops Took This Guy's Car Because He Unwittingly Rented It to an Alleged Drug Dealer
Like other innocent owners, Manni Munir finds that fighting a civil forfeiture can cost more than the property is worth.
Another Rogue Cop Just Got Qualified Immunity. The Judge Who Gave It to Him Isn't Happy About It.
"The Constitution says everyone is entitled to equal protection of the law—even at the hands of law enforcement," wrote Judge Carlton W. Reeves.
Kindergarten Cop Is Canceled, Likened to Birth of a Nation
Portland's Northwest Film Center pulls film from summer drive-in schedule after critics say it promotes "school-to-prison pipeline."
Leaked Footage Shows Aggressive Cops Terrifying George Floyd in His Last Minutes Before Death
The fatal encounter demonstrates why police reformers want more departments to train officers in de-escalation.
Auburn University Is Considering Unhiring a Professor for Tweeting a Swear Word
The right also has an affinity for cancel culture.
'Literally Hitler' Election Mailer Is Protected by the First Amendment
Plus: Trump talks COVID-19 numbers, more demands for TikTok, how the media might blow the 2020 election, and more..
Grand Jury Indictments Paint a Picture of Deadly Deceit in Houston Narcotics Division
The charges, which grew out of a lethal 2019 raid based on a fraudulent search warrant affidavit, suggest that cops routinely built their cases on lies.
