Part I: Barr v. AAPC and Judicial Departmentalism
Justice Kavanaugh recognize the difference between a judgment and precedent, but falls back to judicial universality.
Volokh Conspiracy
Footnote 12 and Retroactive Liability
An important point on judicial retroactivity buried in a footnote of Justice Kavanaugh's opinion in Barr v. AAPC.
Supreme Court Reaffirms Traditional Severability Principles in Barr v. AAPC
In a decision considering federal limitations on robocalls, the Supreme Court reaffirmed its longstanding approach to severability.
Hats off to the French! (I don't say that often.)
Episode 323 of the Cyberlaw Podcast
Federal Court Rejects Jewish Overnight Children's Camps Challenge to Closure Orders
The state of New York, the court concludes, hasn't impermissibly discriminated against such camps.
S. Ct. Strikes Down Content-Based Exception from Robocall Ban,
keeps in place the rest of the law banning robocalls to cell phones.
Chiafalo Rejects Original Expectations in Favor of Original Meaning
Justice Kagan articulates why most originalists favor original public meaning, over original expectations originalism.
Chiafalo v. Washington Did Not Resolve The Precise Status of Electors
The Court studiously avoided addressing a central element of the Electors' Argument
Slavery, the Declaration of Independence and Frederick Douglass' "What to the Slave is the Fourth of July?"
Douglass' classic speech is an indictment of slavery, racism, and American hypocrisy - but also includes a great deal of praise of the American Revolution.
Two Reflections on the American Revolution
I recapitulate why it's important that the American Revolution was not an ethno-nationalist secession movement, and address claims that history would have taken a better course had the Revolution been defeated or never happened.
The 15th Anniversary of Kelo v. City of New London
Today is the anniversary of one of the most controversial - and most unpopular - property rights decisions in the history of the Supreme Court.
What Did Churchill Know About Language That We Don't?
More lessons on writing from the masters.
Trump Executive Order Significantly Limits Work Visas Through 2020
Ban on most new green cards extended through the year as well
Using the internet to cause emotional distress is a felony?
Has anyone told Twitter? It's Episode 321 of the Cyberlaw Podcast.
The Confederacy Is Not Worth Commemorating
A traitorous and failed attempt to secede over slavery is nothing to celebrate.
"Roberts has also been in the court's majority more than any other justice, at 98 percent of the time."
From SCOTUSBlog's Interim Stat Pack
Anatomy of Yet Another Hate Crime False Alarm
A reminder to be skeptical of all such breaking stories, whether they have to do with alleged racist hate crimes or anti-police hate crimes.
Cato Institute "Free Thoughts" Podcast About My Book "Free to Move: Foot Voting, Migration, and Political Freedom"
The interview was conducted by Trevor Burrus and Aaron Ross Powell of the Cato Institute.
When There's a Case Involving "Shamanatrix Missy Galore" and "Fluff the Goodness," …
you just know it will be decided based on threshold jurisdictional amounts. Lawyers can suck the fun out of everything.
Justice Sotomayor writes majority opinion in Liu, and my predictions for Blue June are still on track
Four cases are pending from the pre-Covid arguments, 10 cases are pending from the May siting
Justice Thomas concludes that the "freedom of speech" is a Privilege or Immunity under the 14th Amendment
Justice Thomas again rejects substantive due process incorporation
Congratulations to Our Own Sam Bray,
whose encyclopedia entry on Fiduciary Remedies was cited twice by today's Justice Thomas dissent in Liu v. SEC!
What Did Lincoln Know About Language That We Don't?
Some lessons on writing from the masters.
Michigan State University VP of Research Ousted Because of His Past Scientific Statements
He remains a tenured faculty member.
How Foot Voting Promotes Political Freedom Better than Ballot Box Voting
Second in a series of posts based on my new book "Free to Move: Foot Voting, Migration, and Political Freedom"
Turning Local Disturbances into Federal Cases
The Department of Justice is finding creative ways to file federal charges against rioters and looters.
Public Trial Clause and "Hushers" During Voir Dire
An interesting petition pending before the U.S. Supreme Court.
Ninth Circuit Strikes Down Statute Limiting IMDb's Display of Actor Ages
The interest in fighting age discrimination in employment doesn't trump free speech rights.
The Unresolved Separation of Powers Questions in the DACA case
Justice Thomas's echoes Cato's brief about the Non-Delegation Doctrine, the Major Question Doctrine, an "Adverse Possession" theory of Executive Power, and the Take Care Clause.
Where did CJ Roberts's Anti-Saving Construction in the DACA Case Come From?
It was hinted at in the D.C. Respondent's brief, but the Chief's "severability" analysis was a John Roberts blue plate special.
The Rights and Wrongs of Taking Down Monuments
There is good reason to take down Confederate monuments. But rioting and vandalism are the wrong way to go about it.
DOJ Should Not Let Chief Justice Roberts Decide Anything Concerning the SDNY U.S. Attorney
Generally DOJ is eager to appeal anything, and everything to the Supreme Court. Not during Blue June.
Judge Royce Lamberth Condemns John Bolton's Conduct, But Declines to Block Publication of Bolton's Memoir
"By the looks of it, the horse is not just out of the barn—it is out of the country."
Audio of Federalist Society Teleforum on My Book "Free to Move: Foot Voting, Migration, and Political Freedom"
The event includes questions and commentary by Northwestern University law Professor John McGinnis
Did John Roberts Just Put an End to Remand-Without-Vacatur?
Professor Christopher Walker explores a potential wrinkle in the DACA decision.
Who Can Fire the US Attorney for the Southern District of New York?
The answer may surprise you.
