Would Justice Barrett Be Required to Recuse in the Texas ACA Case?
Does participation in a moot court require recusal?
Criminal Justice
The ACA's Legislative Findings Do Not Constitute an "Inseverability Clause"
A core element of the latest case against the Affordable Care Act rests on a legal fiction.
With Prop 16, the Slave Reparations Task Force, and Much Else, the California Legislature Has Gone Off The Deep End
With Prop 16 at least, the voters will have a chance to weigh in soon.
Do Professors Akhil and Vikram Amar Still Think the Presidential Succession Act is Unconstitutional?
I hope the Amars can answer a simple question. Who is in line for the Presidency after Vice President Pence: Speaker Pelosi or Secretary of State Mike Pompeo?
Michigan Supreme Court Invalidates Governor's COVID Order
The opinion answered questions certified from a federal district court.
Yes, the Presidential Succession Act is Constitutional.
In November, Seth Barrett Tillman and I wrote that Speaker Pelosi can succeed to the Presidency
Woman Hog-tied and Thrown in Cop Car, Rides Face Down, Begs for Mercy
"Please don't let me die back here."
Short Circuit: A Roundup of Recent Federal Court Decisions
The trial penalty, access to bail hearings, and mustard gas.
After Climbing 3 Years in a Row, U.S. Pot Busts Fell by 18% Last Year
The odds of getting arrested for consuming cannabis are getting smaller.
More details on Nixon and Kennedy's final appointments.
Nixon made a nomination the day before he resigned "to show the government was still running." And I suspect Johnson kept Thornberry in the House to help with passage of the Civil Rights Act.
Another Big Law and Religion Case on the Horizon?
Religious property disputes may be headed back to the Supreme Court
The Conservative Trans Woman Who Went Undercover With Antifa in Portland
Confessions of a black bloc mole
How Judge Barrett Ruled in the Texas ACA Case (Updated)
Judge Amy Coney Barrett participated in a moot court of Texas v. California, and it did not go well for the challengers.
Prison by Any Other Name
State involvement in people's lives—even "for their own good"—ends up becoming a backdoor way of policing and control.
What happens to a pending judicial nomination if the appointing President dies/resigns?
At least three judges nominated by President Nixon were appointed by President Ford. Ditto for nominees by President Kennedy.
NYC Imposes Additional Requirements on Private Schools in Predominantly Jewish Neighborhoods in Queens and Brooklyn
But the City did not impose restrictions on similarly situated, non-Jewish neighborhoods in the Bronx, Manhattan, and Staten Island
Today, CUNY School of Law. Tomorrow, your Law School.
Threatening to burn a person with a lighter is peaceful free speech, but the name John Marshall is violent speech.
National Law Journal: "Should Law Schools 'Cancel' SCOTUS Titan John Marshall?"
Cancelling John Marshall makes it big.
SF Author & Futurist David Brin + 4 Law Profs on the Future of the Internet and Micropayments
The law professors are Jane Bambauer (Arizona), Mark Lemley (Stanford), and me, and moderator Ted Parson (UCLA).
California Gov. Gavin Newsom Signs Policing, Probation, Juvenile Justice Reforms
Limits on probation length, a ban on chokeholds, and a plan to dismantle a state juvenile prison system
Publishing Registered Sex Offenders' Home Addresses Before Halloween Is Gratuitous, Unethical, and Reckless
A petition urges Patch and other news outlets to reconsider the practice.
Florida Gov. Ron DeSantis Banned Localities From Collecting Mask Fines. Local Officials Say They'll Keep Issuing Fines Anyway.
Police in the Miami-area have been proactively issuing $100 fines to people not wearing masks outside.
Teaching Seila Law v. CFPB
The Chief Justice surgically sliced up the Court's removal power cases into four categories.
Classes #12 Separation of Powers II and Easements III
Seila Law and Assignability of Easements
The First Rule of Court Packing is you do not talk about Court Packing.
The second rule of Court Packing is you do not talk about Court Packing.
Democratic Policy & Communications Committee Cites "Unprecedented"
"The organizations collaborated with the Republican attorneys general who filed suit and conscripted law professor Randy Barnett to draft an influential report on the constitutionality of the ACA."
Trump Criticized Biden for Losing the Support of Police Unions. Is That Such a Bad Thing?
Trump is right that police unions support him more than Biden. That doesn't speak as well of the president as he thinks.
"The Most Gullible Man in Cambridge" is Ordered to Show Cause Why His Complaint Should Not Be Dismissed
"In order to invoke this Court’s diversity jurisdiction, Plaintiff must allege that the citizenship of each member of the LLC defendant was diverse from that of Plaintiff at the date of this action’s filing."
SCOTUS Could Use More Skeptics Like Amy Coney Barrett
The 7th Circuit judge’s track record suggests she would frequently be a friend of civil liberties.
Trump Claims Biden Called Black Americans 'Superpredators.' That Was Hillary Clinton.
Joe Biden has said plenty of regrettable things about criminal justice, but that wasn't one of them.
"The Only Rule that Governs the Confirmation Process Is the Law of the Jungle"
A 2016 op-ed by Benjamin Wittes and Miguel Estrada is worth revisiting.
Juror in Breonna Taylor Case Sues for Right To Reveal What Really Happened in Court
Plus: Presidential candidates take the stage tonight, the most-banned books of the last decade, and more...
