Law & Government
Ninth Circuit Upholds Dismissal of Claim Alleging Unconstitutional Police Mishandling of Rape Accusations
Plaintiff had shown the police cell phone messages in which she “casually discussed the sexual activity that occurred the night of the alleged rape and agreed to meet [the person she was accusing] again for a future sexual encounter,” and “told the alleged assailant that she ‘could make him lose his job’ after she discovered that he had remained active on the online dating website where they met.”
What Happens if States Ban Out-of-State Travel for Abortion?
Anti-abortion interstate travel bans would have multiple constitutional defects.
Judge Neomi Rao on "The Province of the Law"
A belated 2021 lecture sponsored by the Georgetown Center for the Constitution
Text and History for Thee but Not for Me?
The Court makes other people follow the text and history, but at least when it comes to certiorari, the justices lose their religion.
The Failed Senate Abortion Bill Went Far Beyond Preserving Current Rights
Without citing any constitutional authority to dictate state abortion policies, the bill would have overridden regulations that have been upheld or have yet to be tested.
The V.A. Bought 10,000 iPhones for Veterans. 8,544 of Them Were Never Used.
The department lost nearly $2.4 million on data plans for iPhones and iPads that sat in storage.
Gwyneth Paltrow's Gemstone-Encrusted Alpaca Wool Diaper Is…a Tax Protest?
"If treating diapers like a luxury makes you mad, so should taxing them like a luxury," said Paltrow.
Teacher Has Free Exercise Clause Right to Tell Parents About Their Children's "Preferred Names and Pronouns,"
despite a school policy that generally bars teachers from doing so. (For my views on the question, see the end of the post.)
The Supreme Court's Olmstead Power Grab
Olmstead isn't just a wiretapping case; it's where the Court took the power to preselect questions.
This Michigan Town Repealed a Ban on Fortunetellers, but Might Break State Law if It Tries To Regulate Them
Petoskey's draft ordinance would require both "legitimate" fortunetellers and people pretending to tell fortunes to be licensed, calling into question the sense of licensing at all.
Mandatory Employee COVID Tests Don't Violate Religious Freedom Rights or Fourth Amendment
The employee argued that "her faith in God 'will protect her from COVID-19 so there is no reason to take a test.'"
Did Congress Give the Court Power to Preselect Questions?
Congress gave the Court power to pick cases, but it never gave the power to pick questions.
Divorce Agreement Provision Requiring "Great Care Prior to Introducing" Child to Their Lovers
held to be vague and therefore unenforceable.
Josh Hawley Targets Disney With Copyright Legislation
Despite the senator's clear culture war animus, there are things to like about his bill.
A Brief History of Certiorari, Error, and Appeal
No matter how the case got there, the Court had to decide the whole thing.
Netflix Gets Discovery of Grand Jury Materials in Challenge to Prosecution Over Cuties
"Netflix alleges that Tyler County’s District Attorney, Lucas Babin, is 'abusing his office' through a 'singular and bad-faith effort' to maliciously prosecute Netflix in violation of the United States Constitution and in retaliation against Netflix for exercising its First Amendment rights."
Abortion and the Free Exercise Clause
What if a doctor feels a religious obligation to perform abortions, (e.g., because he believes doing so is necessary for him to be the Good Samaritan, by removing a threat to his patient's mental health)?
Marco Rubio Wants To Fight Abortion and Trans Battles in the Tax Code
Tax loopholes for corporations end up making it easier for politicians like Rubio to meddle in private decision making.
What the Leaked Abortion Opinion Gets Wrong About the Founding Era
Understanding state regulatory powers at the time of the founding.
Further Thoughts on the Dobbs Leak
There is much, much less in the leaked draft than meets the eye
Some More on Expert Witnesses in Libel Lawsuits
Former Congressman Alan Grayson, now running for the Senate in Florida, is producing some interesting caselaw.
Samuel Alito Thinks It's Obviously Absurd To Suggest That Drug Prohibition Violates the Constitution
The justice overlooks the long American tradition of pharmacological freedom and the dubious constitutional basis for federal bans.
Biden Brags About Falling Deficits, but the Federal Fiscal Situation Is Still 'Unsustainable'
Under current policies, Social Security and Medicare will consume 85 percent of all federal tax revenue by 2050.
Reversing Roe v. Wade Wouldn't be the First Time the Supreme Court Gutted Precedents that Protect Individual Rights - Far From it
That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.
Senate Committee Approves Climate Treaty
The pact will phase down the use of HFC coolants.
New Resolution Would Allow the President To Send U.S. Troops to Ukraine
Like AUMFs before it, Rep. Adam Kinzinger’s proposed authorization would lead to less transparency in conflicts and more unilateral decision making.
Josh Blackman: Sam Alito, Roe v. Wade, and Libertarians
Does returning decisions about abortion to the states increase liberty or shrink it?
J.D. Vance Takes Victory in Ohio GOP Senate Primary
The former venture capitalist will face Rep. Tim Ryan, the Democratic nominee, in November's general election.
What the Leaked Abortion Opinion Gets Wrong About Unenumerated Rights
The Constitution protects many more rights than it mentions.
Trump's Endorsement of 'J.D. Mandel' Sums Up Ohio's GOP Senate Primary
If even Donald Trump can't tell the candidates apart, what hope do Ohioans have?
Boston Can't Exclude Christian Flag from City Hall Flagpole When It Allows Many Other Groups to Fly Flags
So the Supreme Court held this morning, though it made clear that a city could pick and choose which flags it flies, if it makes clear that the flags are its own speech.
Supreme Court Rules Boston Was Wrong To Bar Christian Flag From City Hall
The justices unanimously agree that the city was not endorsing the flags, and that therefore it couldn’t exclude religious organizations.
Originalism, Common Goodism, and Conservative Constitutionalism
Adrian Vermeule responds to Judge Bill Pryor, and others comment on "Common Good Constitutionalism"
AOC Defends Due Process as Colleagues Greenlight Asset Seizure Bill
Plus: Homeland Security's new Disinformation Governance Board, the FDA's menthol ban, and more...
The Jurisdiction Problem in the Church Autonomy Cases
Courts are all over the map about jurisdiction, but the label isn't as important as the substance.
Stop Using Legislation To Virtue Signal
Both Republicans and Democrats are abusing states' police powers to achieve performative political goals. They should stop.
How Worrying Are Pro-Trump Gubernatorial Candidates Running on Rigged Election Claims?
It may not be a successful strategy in general elections, but it's still deeply unnerving.
A Framework for Analyzing a Church Autonomy Defense
Some doctrinal tools to appropriately limit church autonomy.
Church Autonomy and Church Accountability as Complimentary Principles
Church autonomy coexists with state responsibility, as a matter of history and theory.
