A Quite Unusual 5-4 Split on the Supreme Court
Three opinions, no blockbusters, but an odd (and unprecedented?) 5-4 split - and interesting order on Congressional subpoenas.
Volokh Conspiracy
Child Custody Determinations Can't "Discount the Role" of Working Parent in Favor of Stay-at-Home Parent
So concluded the Michigan Court of Appeals.
Sixth Circuit Preserves (But Narrows) Injunction Blocking Tennessee Governor's Order Suspending Abortions
Like many such orders, the Governor's order suspended until April 30 all "surgical and invasive procedures that are elective and non-urgent," which included abortions.
Preliminary injunction against dysfunctional California ammunition background checks
The law made it impossible for many law-abiding citizens to buy ammunition.
Judge "Begin[s] a Gender Discrimination Trial with a Presentation Highlighting the Great Achievements" of "Our Nation's Civil Rights Leaders"
Reversible error, concludes a California appellate panel.
Civil Rights Attorney Richard Sobol Passed Away
He argued Duncan v. Louisiana and Apodaca v. Oregon
Short Circuit: A Roundup of Recent Federal Court Decisions
Spaceman, fake subpoenas, and the right to a basic minimum education.
Fantasy Sports Bets Aren't Forbidden Gambling, Says Illinois High Court
"Head-to-head [Daily Fantasy Sports] contests are predominately determined by the skill of the participants in using their knowledge of statistics and the relevant sport to select a fantasy team that will outperform the opponent."
Huge Legislature-Governor Conflict in Kansas, Over Emergency Powers (Stemming from Religious Freedom Dispute)
A "drafting snafu" with the Legislature's concurring resolution, which endorsed the Governor's initial emergency order, is casting many things in doubt.
N.Y. Court Invalidates Conviction Under Anti-Crime-Hoax Law
The case was a hate crime hoax perpetrated by a SUNY Albany student.
Is Covid-19 Seasonal?
A National Academy of Sciences report suggests not, but that report gets some basic facts wrong
Fifth Circuit Reinstates Texas's Epidemic-Related Abortion Restrictions, EXCEPT …
"any patient who, based on the treating physician's medical judgment, would be past the legal limit for an abortion in Texas ... on April 22, 2020" (the date until which the Texas restrictions suspend abortions) remains able to get an abortion, despite the restrictions.
"Settling in for the Long Haul," a Maine Correspondent of Mine Reports
"This sign went up this morning at the exit from the Portland bus/train terminal, where Amtrak still runs."
Short Circuit: A Roundup of Recent Federal Court Decisions
Tasteless sarcasm, hydrofluorocarbons, and indefinite detention.
Mississippi City Bans Drive-in Church Services
That violates the Mississippi Religious Freedom Restoration Act, and probably the freedom of assembly and association.
Fed. Court: Texas May Not Ban Medication Abortions, or Delay Abortions Past Viability,
even as part of a general restriction on "not immediately necessary" surgeries and procedures, aimed at preserving medical personal protective equipment during the epidemic.
Coronavirus Recovery Act Exempts the Fed from the Government in the Sunshine Act. Woohoo! (Really)
The Sunshine Act is an example of good intentions gone awry – let’s bid it good riddance
Why was the Supreme Court's decision in RNC v. DNC unsigned?
Because applications for stay decided without oral argument are (in my experience) always unsigned, per curiam decisions.
Law School Honor Code Violation Is a Basis for Denying Bar Admission
Impermissible collaboration on a take-home exam, and subsequent lying about it, kept one law graduate from admission to the Ohio Bar.
"Disease Surveillance and the Fourth Amendment"
An interesting and detailed analysis by Prof. Alan Rozenshtein at Lawfare.
How to Hold Elections During a Pandemic
Joshua and Rachel Kleinfeld offer some ideas about how to avoid a replay of the Wisconsin mess
The Federal Government's "Police Power" and the Takings Clause: Part IV
Eight 5th Circuit judges already found that 18 U.S.C. 922(o) would be unconstitutional with respect to the local possession of bump stocks
Fifth Circuit Reinstates Texas Ban That Banned "Non-Essential" Medical Procedures, Including Most Abortions
But the ban might still be blocked as to women who are far enough along in their pregnancies that delaying an abortion would make it illegal.
The Federal Government's "Police Power" and the Takings Clause: Part III (Updated)
The statute that authorizes the bump stock regulation lacks a jurisdictional hook
Jacobson v. Massachusetts (1905) and Lochner v. New York (1905) in April 2020
It is anachronistic to retroactively graft modern Supreme Court precedents onto Progressive Era Precedents
Four Law Professors Walk Into a Zoom Bar: Law and the Epidemic
Michael, Will, Orin, and I, on constitutional law, contract law, insurance law, and more.
Grocery Store Workers and Covid-19
Basic statistics once again eludes mainstream journalism
Making Sense of the Wisconsin Election Supreme Court Decision(s)
Marquette University law professor Chad Oldfather offers a helpful explainer laying out the issues in the SCOTUS and SCOWIS decisions on the Wisconsin primary elections.
Tentative Reflections on Online Teaching
It can work well in some circumstances, but so far does not seem like an adequate substitute for conventional classroom instruction for large classes.
FCC Rejects Petition to Censor Broadcasts of President Trump's Coronavirus Press Conferences (and Other Speech)
"The Commission does not ... act as a self-appointed, free-roving arbiter of truth in journalism. plus an interesting discussion of the FCC's hoax rules.
"Smart Quarantine" and Rights of Family Unity
Would the state have a compelling interest to forcibly separate families to flatten the curve?
The Semifinal Round of the OT 2019 Harlan Institute-ConSource Virtual Supreme Court Competition
21 High School teams from across the country presented oral arguments in Espinoza v. Montana Department of Revenue
Hardball Litigation Among Neighbors, or Obstruction of Justice?
Not such "a winner" after all.
The Federal Government's "Police Power" and the Takings Clause: Part II
The Commerce and Necessary and Proper Clauses give Congress the power to prohibit the possession of certain items
