Criminal Justice
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.
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.
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.
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.
Boston Bomber May Dodge Death Penalty as Justice Department Preps for More Executions
Court panel rules judge didn't properly evaluate juror bias against Dzhokhar Tsarnaev.
The Weed Warriors Who Mistook Tea for Marijuana
The Hartes were the victims of a comically inept publicity stunt executed by cops who did not realize that hydroponic equipment could be used to grow tomatoes and did not know what loose-leaf tea looked like.
Connecticut Passes Law Curbing Qualified Immunity - but with Loopholes
The law is a step in the right direction, but has significant limitations, that should be a warning sign for future reform efforts.
Lots of Talk But Much Less Action on Police Reform
Getting government officials to put their packs of enforcers on shorter leashes is the definition of an uphill battle.
Homeland Security Seized $2 Billion in Cash From Travelers at U.S. Airports
In two-thirds of those cases, there were no accompanying arrests.
D.C. Mayor Muriel Bowser Tells Retailers To Call the Cops on Customers Who Don't Wear Masks
Armed agents of the state shouldn't be enforcing mask mandates.
Everybody Is Jumping to Conclusions About This Couple's Show of Force in Response to Trespassing Protesters
Mark and Patricia McCloskey's justification for brandishing their guns depends on facts, not ideology.
Federal Cops Are Leaving Portland. But Will the Standoff Really End?
With many of the city's entertainment options shut down, protesting has become a form of nightlife.
After Failing To Quell Unrest, the Feds Will Depart From Portland
President Trump sent federal agents to squash protests, but the situation has continuously escalated.
What Explains Why Homicides Are Increasing Significantly Across the Country Since Late May?
A "Minneapolis effect" from lack of policing is a possible explanation for the startling 37% increase in murders in major cities in recent weeks.
A SWAT Team Blew Up This Family's Home in Pursuit of a Suspect Who Wasn't Even There
Nor did the suspect live at the residence.
The Libertarian Party Mourns Garrett Foster, Activist Killed at a Black Lives Matter Protest
"Garrett Foster understood that libertarianism was about speaking on behalf of those who are the most acutely affected by the abuses perpetrated by an overly aggressive and unaccountable government."
New York Police Unions Partly Succeed in Stopping Release of Misconduct Records
A federal judge gags the New York Civil Liberties Union, but a media outlet manages to collect and publish a database of misbehaving cops.
RIP Arnold Trebach, Who Helped Make Opposition to the Drug War Respectable
The American University professor called for "drug peace" at a time when both major parties were committed to ever-escalating violence.
The Government Should Stop Mandating the Use of "Race" in Medical and Scientific Studies
The FDA and the NIH each require as a condition of funding that scientists break down their data by a totally unscientific "race" classifications.
