Criminal Justice
The Chief Justices Battle over the Removal Power
Roberts and Kagan present two very different conceptions of the separation of powers.
Blue June Glooms On
The Chief feints left on abortion, tiptoes to the right on the CFPB, and Thomas is still waiting for Godot
A SWAT Team Blew Up This Family's House While Chasing a Shoplifter. The Supreme Court Won't Hear the Case.
And no, it wasn't the shoplifter's home.
Supreme Court Won't Stop Pending Federal Executions
The federal government hasn’t executed a prisoner since 2003. We may see three killed in July.
Mask Mandates and Broccoli Mandates
The opposition to mask-mandates harkens back to the Obamacare challenge.
Justice Brennan rejected the "literal" meaning of Title VII in United Steel Workers v. Weber
This landmark Title VII case relied on the "familiar rule" from Church of the Holy Trinity v. United States.
The 9th Circuit Erred Again: Youngstown does not support the existence of an "equitable ultra vires cause of action"
The steel mill owners had a concrete, property interest that was impaired by the government's actions. The plaintiffs did not rely on a generalized allegation of ultra vires action by the Secretary of Commerce.
Is the Criminal Justice System Racist? A Soho Forum Debate
The Washington Post's Radley Balko vs. the Manhattan Institute's Rafael Mangual on whether "there is overwhelming evidence that the criminal justice system is racist."
How To Reboot the Government with Common Sense
Hold agencies and regulators accountable for outcomes, not compliance.
Tucker Carlson Might Want To End Qualified Immunity If He Actually Knew What It Was
The Fox News host says reforming qualified immunity would "end law enforcement." That's not even close to being true.
Radley Balko and Rafael Mangual Debate Systemic Racism
The Washington Post's Radley Balko vs. The Manhattan Institute's Rafael Mangual on whether or not "there is overwhelming evidence that the criminal justice system is racist."
Rand Paul Tries (Again!) To Make It Harder for Police To Take Your Stuff
Federal civil asset forfeiture bill reintroduced as police reform efforts hit a partisan wall.
This Week in Policing Reform: Utah Outlaws Kneeling on Suspects' Necks, Memphis P.D. Ends No-Knock Raids
There's a lot going on. Here's a rundown of significant police reform news from around the country.
New on NRO: "Justice Gorsuch's Half-Way Textualism Surprises and Disappoints in the Title VII Cases"
Randy Barnett and I explain where Justice Gorsuch went wrong in Bostock
Designing Institutions that Promote Foot Voting and Minimize Potential Downsides
Fifth and final post in a series based on my new book "Free to Move: Foot Voting, Migration, and Political Freedom"
More Massive Sanctions on Richard Liebowitz, "Copyright Troll" and "Legal Lamprey"
"One of the most frequently sanctioned lawyers, if not the most frequently sanctioned lawyer," in the Southern District of New York.
New York Arrests and Charges First Cop for Breaking a New Ban on Chokeholds
Plus: firework conspiracy theories, jobless claims, another cop is arrested, and more...
Rhetoric, Polarities, and Trump
Rhetorical power isn't about one thing; it's always about two.
Kendi and Reynold's Stamped: Racism, Antiracism and You, a Remix--A Partial List of Errors
Many high schools and middle schools are assigning this 'antiracism' book associated with Critical Race Theory; besides being ideologically pernicious, it's bad history
States Can Reform Qualified Immunity on their Own
State reform isn't a complete substitute for abolition of the federal judicial doctrine. But it can achieve a lot. A recent Colorado law provides a model other states would do well to imitate.
House Passes Policing Reform Package, Including Provision That Would End Qualified Immunity
Republicans have said ending qualified immunity is off the table, and for the moment policing reform looks dead in Congress.
Originalism and the Suspension Clause in DHS v. Thuraissigiam
The majority and dissent vigorously disagree about the role history should play in this Suspension Clause case
Where does DHS v. Thuraissigiam stand?
The Court's first major Suspension Clause case since Boumediene.
Firing Nakedly Racist Cops Is Just the First Step in Addressing Racially Biased Policing
A North Carolina officer was fired after saying, "We are just gonna go out and start slaughtering them fucking niggers."
Wrongful Arrest in Detroit Demonstrates Why Police Use of Facial Surveillance Technology Must Be Banned
The good news is that Boston has just barred law enforcement from using facial recognition technology.
Major Cities Wrestle With Proposals to End School Policing
San Francisco and Oakland have moved toward getting police out of its schools, while Chicago and L.A. rejected similar proposals this week.
Activists Force New Look at the Death of Elijah McClain
Police used a controversial neck restraint during McClain's arrest.
The Federal 'Anti-Lynching' Bill Sacrifices Justice for Symbolism
In the name of fighting lynching, the bipartisan bill authorizes 10-year sentences for minor crimes like vandalism.
This Republican Senator Calls Three Black Men Peacefully Carrying Long Guns 'Mob Rule'
A Second Amendment hypocrite with a plan to undermine federalism
Farewell to the Marriott Wardman Hotel in Washington, D.C.
The AALS "Meat Market" will have to find another home; or go fully virtual!
Justice Alito wrote Thuraissigiam; Chief Justice Roberts and/or Justice Breyer will wrap up Blue June
June Medical, Espinoza, and Seila Law remain from the pre-COVID cases
Prison Guards Who Locked Naked Inmate in Cell Filled With 'Massive Amounts' of Feces Got Qualified Immunity
The 5th Circuit Court of Appeals acknowledged that the plaintiff's Eighth Amendment rights were violated.
Glenn Loury on Police Abuse, Systematic Racism, and Hysteria
The Brown University economist says prejudice and systemic racism are not the primary problems facing African Americans.
Glenn Loury: 'We're Being Swept Along by Hysteria' About Racism in America
The Brown University economist and outspoken critic of Black Lives Matter discusses George Floyd, social progress, and the state of political discourse.
