Would Derek Chauvin Receive Qualified Immunity for Killing George Floyd?
The answer speaks volumes about the extent to which that doctrine protects police officers from liability for outrageous conduct.
Criminal Justice
Justice Kagan on Hamilton in Federalist No. 77
Hamilton said that Senate must consent when a new President "displaces," that is substitutes an old officer with a new officer.
Police Departments Asked Live PD To Cut Footage That Made Cops Look Bad
Perhaps this show was not the window into law enforcement transparency it claimed to be.
Wesley Yang: Woke Protests Against 'White Supremacism' May Be the New Normal
The Souls of Yellow Folk author says a new "elite consensus" fixated on racial outrage is forming and may destroy our ability to function.
Touching Your Phone While Driving Is Now Illegal in Idaho, Illinois, and Indiana
Plus: More (bad, weird, and occasionally good) new state laws that start taking effect today.
Want to Reform the Criminal Justice System? End the Drug War.
Drug prohibition increases conflict between citizens and the police.
The Roberts Court Slowly Inters Justice Kennedy's Ephemeral "Jurisprudence of Doubt"
Blue June buries Boumediene, Whole Woman's Health, and Trinity Lutheran Footnote 3.
A Rosy End to Blue June
Is Espinoza enough to make conservatives look past the Chief's never-ending chess match?
Inmate Coronavirus Infections Skyrocket in California
A third of prisoners at San Quentin have gotten COVID-19, most in just the last two weeks.
11 Redacted Seconds of Video of Fatal 2014 Drug Bust Undermine Florida Cops' Official Story
Previously unreleased video shows Jerry Brown didn't have much time to react before Pasco County deputies shot and killed him.
Defendant "Not Likely to Emerge From … His [5-Year] Sentence … with a Thoughtful and Pacific Approach to His Fellow Man"
A new three-strikes sentencing opinion from a California court.
These Women Received a Death Sentence for Being Sick In Prison
A Reason investigation has identified three deaths from alleged medical neglect at FCI Aliceville, a federal women's prison. Current and former inmates say it's routine, but the Bureau of Prisons won't talk about it.
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
