Police Tore Up His Protest Sign. Now They Owe Him $50,000
Police also wrongly cited him for "improper hand signal" after the man flipped them off.
Law & Government
Harriet McConnell Retford on Arizona v. Navajo Nation
"[The decision] showcases the now-familiar contrast between the Court’s two different approaches to conservative jurisprudence: the strict formalism of Justice Gorsuch—a stern insistence that the United States live up to the letter of its legal obligations come hell or high water—as opposed to the status-quo, stare decisis driven conservative jurisprudence of Justice Kavanagh and Chief Justice Roberts."
Prof. Todd Henderson (Chicago) on Arizona v. Navajo Nation
"[T]he Court held that despite being a 'trustee' for the Navajo Nation and despite having promised the Navajo water sufficient to make its lands productive, the United States does not have an obligation to help the Navajo obtain that water."
The Sticky Spaghetti School of Constitutional Law
Politicians are throwing laws at the wall and seeing what sticks.
SCOTUS' Ruling in Gay Wedding Website Case Was a Defeat for Compelled Speech
"The opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties," Justice Neil Gorsuch wrote in the majority opinion.
Climate Liberalism in Public Choice
A nice review of Climate Liberalism by Jordan Lofthouse (and a less nice one by Robert Bradley).
If You Need Pain Pills, Politicians Want To Monitor Your Body Chemistry
Our political leaders envision a future in which high-tech implants snitch about our use of painkillers.
Alabama Says Helping With Out-of-State Abortions Is 'Criminal Conspiracy'
Alabamans have no right "to conspire with others in Alabama to try to have abortions performed out of state," argues Attorney General Steve Marshall.
Federal Appeals Court Rules Detroit's Asset Forfeiture Violates Due Process Rights of Drivers
A federal circuit judge writes that Detroit's vehicle seizure scheme "is simply a money-making venture—one most often used to extort money from those who can least afford it."
In Scathing Rulings, Federal Courts Block Arkansas and Texas Age Verification Laws
Plus: Meta revises controversial "dangerous organizations" policy, a win against civil asset forfeiture in Detroit, and more...
California Coastal Cities' Housing Plan: Build Elsewhere
Republican-controlled Huntington Beach has sued the state government to stop enforcement of state housing mandates.
Denmark May Ban Burning the Quran
A cabinet minister who once defended the right to blaspheme now wants a crackdown.
Massive Sanctions Against Rudy Giuliani for "Willful Shirking of His Discovery Obligations" in Libel Lawsuit Against Him
Among other things, "Default judgment will be entered against Giuliani as a discovery sanction ..., holding him civilly liable on plaintiffs' defamation, intentional infliction of emotional distress, civil conspiracy, and punitive damage claims ...."
Polls Offer Little Comfort for Supporters of Gun Control
Americans support tighter laws, but not as much as they distrust government and like owning guns.
Don't Bring Back COVID Authoritarianism
People should be free to choose how cautious to be. Mask mandates, lockdowns, and closing schools won't stop the virus.
Another Appeals Court Accuses the FDA of Committing "Surprise Switcheroo"
The U.S. Court of Appeals for the D.C. Circuit takes issue with how the FDA evaluated Fontem's unflavored vaping products.
Is OMB Stacking the Deck for More Progressive Cost-Benefit Analysis?
The Biden Administration is revising the rules for how agencies conduct cost-benefit analyses, and some CBA experts have expressed concerns.
Alabama Set To Try New, Untested Execution Method
The state has filed a motion to set an execution date for Kenneth Eugene Smith, who survived a previous execution attempt.
Google Isn't Intentionally Biased Against Republicans, Says Court
Plus: The real message behind DeSantis' abortion anecdote, midwives sue over Alabama regulations, and more…
Race Discrimination/Harassment Lawsuit Against Seattle Related to Its "Race and Social Justice Initiative" …
can go forward, says a federal court.
Why Can't You Renew Your Passport Online?
Applicants are currently waiting 10 to 13 weeks for routine processing.
Prosecution in Apple's iPads-for-Concealed-Firearms-Licenses Bribery Case Can Go Forward
"This appeal raises a question not yet addressed by any California court: whether a public official may be bribed with a promise to donate to the official's office."
GOP Debate Stuff We Didn't Hate
Plus: A listener question about the continued absurdity of sports stadium subsidies
Nurses from 40 States Will be Eligible To Practice in Pennsylvania
On September 5, the Keystone State is removing a big barrier to health care.
Limits on Using Prior Acquittal of Sexual Assault as Evidence of Guilt in a New Sexual Assault Case
"[T]he Government argue[d] that when considering that the charged offenses occurred after the acquittal, the [appellant's] tactics were emboldened and this factor weighs in favor of admissibility."
Court Reverses Sentence Because of Denial of Allocution
"Federal Rule of Criminal Procedure 32(i) ... commands that the court must address the defendant personally to afford him the chance to speak or present evidence in mitigation."
Did Banks Hand Private Financial Data to the FBI Without Legal Process?
Banks routinely snitch on customers and even deny services to people politicians don’t like.
Should 'Sensitivity Training' Be Forced on Southwest Airlines?
A Texas judge ordered that the airline submit to training on the rights of religious believers after losing a religious discrimination lawsuit.
Does the Quality of Brief Writing Affect the Outcome of Supreme Court Decisions?
An interesting empirical study looks at whether better briefs lead to better outcomes.
Hospital Threatens Defamation Suit Over a 15-Year-Old's Change.org Petition
The hospital baselessly claimed the teenager's mother wrote the petition after she was fired without cause.
No Constitutional Right to Opt out of Sexual-Minority-Themed Curriculum Elements at Public Elementary School
A federal court rejects challengers' Free Exercise Clause and parental rights claims.
Stop Publishing Mug Shots—Even Donald Trump's
Mug shots are not taken to humiliate a defendant before they've been convicted. But that's the purpose they widely serve now.
Court Rejects Lawsuit Claiming Police Discriminatorily Refused to Prosecute Rapist
The opinion was decided July 21, but was originally issued sealed; it was just unsealed today, in response to my motion to unseal.
Season 1, Episode 4 Podcasts
Why We Can't Have Nice Things: Bootleggers, Baptists, and Ballots
"You need an argument for why this is good for society. That's important, but you also need money."
A GOP Consensus Emerges: Militarize the Border
In last night's Republican presidential debate, candidates floated various forms of military action against drug cartels.
Politicians Continue To Make a Mockery of 'Emergency Spending'
Legislators abuse the emergency label to push through spending that would otherwise violate budget constraints.
Vermeule and Casey Respond to Judge Rao on Textualism's Political Morality
Further debate on textualism, "common good constitutionalism," and the classical legal method.
To Tackle Highest Housing Costs in the Country, Hawaii's Governor Declares YIMBY Martial Law
An emergency proclamation by Gov. Josh Green offers developers the opportunity to route around almost all regulations on building homes.
California Lawmakers Propose Unemployment Benefits for Striking Workers
Plus: GOP hopefuls debate tonight, Canadian link tax backfires, and more...
Donald Trump Has a Wild New Immigration Plan
A report reveals new draconian restrictions the 2024 frontrunner wants to implement, such as sea blockades in Latin America and "ideological screening" for migrants.
Should the Philadelphia D.A.'s Office Have Been Sanctioned for Failing to Protect Crime Victims' Rights?
My amicus brief to the Third Circuit argues that the district court appropriately sanctioned the Philadelphia D.A.'s Office for making misleading representations about whether they had conferred with a crime victims' family.
Can Traditional Legal Customs Coexist With Western-Style State Law?
Geoffrey Swenson’s book Contending Orders tackles Afghanistan and Timor-Leste.
Court Rules in Favor of Pro-Life Protesters Arrested for Chalk Messages
While chalking on D.C. sidewalks and streets is illegal, the protesters say they were targeted for their beliefs.
