Ted Cruz, Laurence Tribe, and Tammy Duckworth
In 2016, Professor Laurence Tribe said it was "not settled" whether Ted Cruz was a "Natural Born Citizen."
Criminal Justice
Update from University of Southern Maine: "No administrator will see the list of people who pledge to practice antiracist behaviors"
The pledge, as crafted, will not obtain any meaningful "aggregate-level" statistics.
In Rhode Island Case, Chief Justice Roberts Once Again Uses Shadow Docket to Maintain The Status Quo
"The status quo is one in which the challenged requirement has not been in effect, given the rules used in Rhode Island’s last election, and many Rhode Island voters may well hold that belief."
Welcome Back To (Virtual) Campus, and Follow Along My Classes This Semesters on YouTube
I teach on Mondays and Wednesdays. Property II (9:00-10:15 CT), Constitutional Law (10:30-12:10 CT)
Most Americans Don't Trust Cops Much, a New Gallup Poll Reveals
The results reflect the impact of increasing publicity about police abuses.
Cancelling Chief Justice Melville Fuller
The Maine Supreme Judicial Court asked whether to remove statue of Chief Justice who joined Plessy majority
"For Free Speech, Today's College Students Are Tomorrow's Law Students, Lawyers, Politicians, and Judges"
We should not take for granted that the judges today generally agree on free speech culture.
Once Again, Kamala Harris' Record as a Prosecutor Was Less Than Progressive
There is no need to excuse Kamala Harris' law enforcement record just because it has outlived its usefulness for her political ambitions.
Kamala Harris Is So 'Radical,' Trump's Campaign Says, That She Criticized Joe Biden's Criminal Justice Record. So Does Trump.
Harris and Trump are both right that the Democratic nominee has a long record of championing draconian penalties.
Deadly Protests in Belarus Follow Disputed Reelection of 'Europe's Last Dictator'
Cops demonstrated their commitment to free and fair elections by firing rubber bullets and water cannons at protesters.
Looting Businesses in Part Because They Are Patronized By / Associated With Racial Group = Hate Crime
Might be obvious, but worth noting.
Kamala Harris: Drug Warrior, Vice Cop, Draconian Prosecutor
Biden picked a V.P. candidate whose record on police and criminal justice reform is as terrible as his own.
Chicago Residents Wait Months for Permission To Defend Themselves
Despite an alarming increase in crime, Illinois is illegally delaying gun licenses.
"Anything They Wanted to Take, They Can Take It, Because These Businesses Have Insurance"
"That is reparations."
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.
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.
