Six More Reflections on Oral Arguments in PTO v. Booking.com (Updated)
Thomas speaks, Breyer pages, Sotomayor mutes, and Blatt snarks.
Volokh Conspiracy
SCOTUS grants cert to decide whether Ramos is retroactive
The Court did't wait for the 9th Circuit to hold that the rule is retroactive, or for the 5th Circuit to hold that the rule is not retroactive
The Supreme Court's Surreal, Stilted, and Surprisingly Normal Streaming Oral Argument
The Chief strictly kept time, Justice Thomas asked questions, and I think Justice Sotomayor was on mute
District Court in Ninth Circuit Issues Anti-Libel Injunction
But other courts in the Ninth Circuit have categorically said that such injunctions are unconstitutional—the law remains quite unclear.
Federal Courts Enforcing State Law Against State Governments
An interesting procedural question raised by the Sixth Circuit's decision on worship services closures and the Kentucky Religious Freedom Restoration Act.
Can state or federal courts order post offices to postmark absentee ballots? To stay open late on election day?
More unanticipated consequences from Republican National Committee v. Democratic National Committee
How is the government to decide what meetings are "essential"?
Liquor stores may be "life-sustaining," but houses of worship are "soul-sustaining."
Sixth Circuit Temporarily Blocks Kentucky Governor's Limit on Drive-In Church Services
The court concludes that it likely violates the Kentucky Religious Freedom Restoration Act and the Free Exercise Clause, chiefly because the Governor's order has many exceptions for various allowed services.
Is the Takings Clause a "self-executing" waiver of sovereign immunity?
Further thoughts on the Tucker Act and Federal Question Jurisdiction
Is Administrative Law Immoral?
A review of Richard Epstein's latest book: The Dubious Morality of Modern Administrative Law
A Legally Dubious Summary Judgment Grant Against the U.S. Women's Soccer Team on Its Equal Pay Case
An appeal by the team stands a very good chance of success, as many disputed facts need to be assesed by a jury--including admissions of unequal pay made by U.S. Soccer.
"Well, We Have Reviewed That Order, Too"
Not a great thing to see in an appellate opinion, if you claimed that reviewing a court order shows that you should win.
Seventh Circuit Rules Against Trump Administration in Major Sanctuary City Decision
The latest in a long series of setbacks to the adminstration's efforts to pressure sanctuary jurisdictions by attaching conditions to federal grants.
Short Circuit: A Roundup of Recent Federal Court Decisions
One day too late, one good eye, and dead men tell no tales.
Victims of Communism Day 2020
Why May Day should be a day to honor victims of an ideology that took tens of millions of lives. But we should also be open to alternative dates if they can attract broader support.
"Anybody that Wants a Test Can Get a Test"—Except for Senators
No, the United States is still not able to test all those that it should.
Accusing Someone of Inadvertent Patent Infringement Is Not Libelous
"Even the most dedicated patent lawyer would have difficulty mustering 'hatred' for a computer user who inadvertently violated a patent."
Woman Banned from "Making Any … Public Allegations Against" Ex, a Police Sergeant, "on Social Media"
We've filed a friend-of-the-court brief asking the Tennessee Supreme Court to review the case.
The latest on the national injunction at the Supreme Court
SCOTUS amici versus John Harrison
No, the Kelo Case Doesn't Require Takings Compensation for Businesses Closed by Coronavirus Shutdown Orders
Despite a contrary argument by Prof. Enrique Guerra-Pujol, Kelo doesn't even address the relevant issue.
Ninth Circuit Refuses to Reconsider Ruling that Mandating Union Organizer Access to Employer Property is not a Taking—but Eight Judges Dissent
The case is an important one that could be headed to the Supreme Court.
Make an Anti-Union Joke, Prepare to Be Accused of an Unfair Labor Practice
The NLRB's prosecution of a conservative journalist should be worrisome.
During telephonic oral arguments, the Justices will ask questions "in order of seniority"
The Chief Justice will go first, then Justice Thomas will waive his time, then Ginsburg, Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh
A word of caution before offering the bar exam online
Remember the Iowa Caucus app and HealthCare.gov?
After NYS Rifle & Pistol is dismissed, SCOTUS distributes 10 Second Amendment Cases for 5/1/2020 Conference (Updated)
Four justices have signaled they are ready to take a 2nd Amendment case. Are there 5 votes to reverse?
Want an edited copy of NY State Rifle & Pistol Association?
I will be happy to send professors a preview from the Barnett/Blackman 2020 supplement
Virginia Court: Governor Lacks Power to Close Gun Ranges
The court was applying a specific Virginia statute that limited the Governor's emergency powers as to guns.
Justices Citing Their Own Circuit Court Decisions By Name (Updated)
In NYS Rifle & Pistol, Justice Kavanaugh cited his dissent from Heller II (CADC 2011). And in Ramos he cited his own concurrence.
South Texas College of Law Houston Student Uses 3D Printer To Create Ear Guards for Health Care Workers
Congratulations to Jessica Livsey, my research assistant, for her tireless work
Is there an express cause of action under the Takings Clause?
Can a plaintiff seek compensation for an unconstitutional taking, without relying on the Tucker Act's jurisdiction? (And a connection to the bumpstock litigation)
Fifth Circuit Anti-BDS Lawsuit Dismissed as Moot
The Eighth Circuit lawsuit remains pending.
Does a dissent have the "force of law"?
Chief Justice Roberts and Justice Thomas disagree about the value of separate writings in Georgia v. Public Resource.Org, Inc.
Federalist Society Executive Branch Review Week
A part-video / part-telephone conference happening this week -- watch or listen to them live or recorded, as you like.
