Commonsense Suspicion: Thoughts on Kansas v. Glover
The Supreme Court rules in an interesting Fourth Amendment case.
Volokh Conspiracy
District Court OK's Closing Gun Shops as "Non-Essential"
... but only by wrongly downplaying, I think, the degree to which the law interferes with Second Amendment rights.
Sixth Circuit Declines to Reinstate Ohio Limit on "Non-Essential" Abortions
On appeal, Ohio interpreted the limit (part of a temporary ban on all "non-essential" surgeries and procedures) as not banning abortions when "any delay will jeopardize the woman's right to obtain an abortion," but only as delaying earlier-term abortions that can be delayed—but it apparently hadn't made that argument in the trial court.
Is Twitter using the health emergency to settle political scores?
Episode 310 of the Cyberlaw Podcast
Houston Federalist Society Chapter Meets on Zoom: Public Health Restrictions in the Time of Pandemics
Judge Dan Hinde explains the role of Texas courts during times of pandemics
America First
Putting people who dislike and distrust the government in charge of the government is a risky business, and we are paying the price for it now.
Candidate for Wisconsin S. Ct. (Judge Jill Karofsky) Seeks Preliminary Injunction Against Allegedly Libelous Campaign Ads
Today, Judge Judge Timothy M. Witkowiak refused to issue the injunction, partly on prior restraint grounds. The election is scheduled for tomorrow.
Juvenile Court Files May Be Sealed, But Juvenile Case Can Still Be Talked About
and the media can still ask school officials about them—"if the statute is broadly applied in an attempt to bar the Media Defendants' right to question sources, then the statutory language assuredly violates the First Amendment."
The Federal Government's "Police Power" and the Takings Clause: Part I
What is the source of the federal government's "police power" to "take" property without "just compensation"?
Liberty of Movement and Assembly
when everyone is potentially lethal to others, without any individual choice on anyone's part.
Restrictions on Interstate (and Intrastate) Travel in an Epidemic
are generally constitutional (whether they forbid travel to a particular place, or require travelers to be temporarily quarantined).
Reflections After Three Weeks of Zoom
This world is our new normal. We are not going back.
Moot Court in a Time of Coronavirus
If law students can run a moot court tournament through video conference, I'd think appellate courts can too.
Lawsuit Against Fox for Its Coronavirus Coverage
is apparently based on constitutionally protected expressions of opinion.
Short Circuit: A Roundup of Recent Federal Court Decisions
Poppy seed chips, the Codfather, and secret lynching records.
Johnny Depp's Libel Claim Against Ex-Wife Amber Heard Can Proceed
Heard's Washington Post op-ed didn't mention Depp, but the judge concludes that in context it would be seen as implying factual assertions about him.
Surf Thugs Lawsuit Can Proceed
"The Lunada Bay Boys are alleged to be a group of young and middle-aged men, local to Palos Verdes Estates, who consider themselves to be the self-appointed guardians of Lunada Bay. One of their tenets is to keep outsiders away from the surf location through threats and violence."
Court Upholds Mandatory Newborn Health Screening Program,
rejecting Fourth Amendment and substantive due process arguments against it.
The Jarndyce v. Jarndcye of Church-State Cases
The Contraception Mandate is back at the Supreme Court
Masks For All: Sensible and Helpful
Wearing improvised masks in public will help defeat the viral invasion
Badass Ukrainians on a Portuguese-Flagged Canadian-Operated German Cruiseship Sink (?) Venezuelan Attack Boat
I vouch for absolutely none of this.
"COVID19 Exposes the Shallowness of Our Privacy Theories"
A post by Prof. Jane Bambauer (Arizona) forthcoming at Truth on the Market, which she graciously let me reblog.
L.A. Sheriff Changes Course, Lets Gun Shops Open
The Sheriff's position cites the Department of Homeland Security advisory (though it's not strictly binding on him); gun stores will still have to follow the social distancing requirements applicable to other stores that remain open.
A Cruel and Irresponsible April Fools' Day Hoax
No, the FDA has not approved a 2-minute serologic test for Covid-19 antibodies
912 U.S. Coronavirus Deaths Reported Tuesday
Up from 558 yesterday, which was itself a record.
Zoom Conversation Tonight, 8 pm Pacific, with Michael, Will, Orin, and Me—Come Watch and Ask Questions
See the URL below, as promised in my mark-your-calendars post Sunday.
Mere Violations of Consumer Site Terms of Service Aren't Crimes
So says a federal district court, citing three articles by our own Orin Kerr.
District Court Finds Bump Stock Ban May Constitute a Taking, Because the Federal Government Lacks a Police Power
"The Court will allow the federal government to try again and explain which enumerated power justifies the federal regulation and whether it allows a taking without compensation."
Federalism and the Coronavirus Crisis
States have so far taken the lead in battling the coronavirus, and there is some merit to this decentralized approach, which fits the original meaning of the Constitution. But it also has flaws, and there is still a good chance the crisis will ultimately lead to an expansion of federal power.
