Justice Kagan asked which provision of the INA was violated by DACA
The answer, which the Solicitor General alluded to in his brief, turns on the relationship between the major question doctrine and the nondelegation doctrine
Volokh Conspiracy
The Solicitor General's Reply Brief Did Not "Reverse Position" on the Nielsen Memorandum
In the circuit courts, DOJ cited the Nielsen memorandum as providing an "independent" basis to rescind DACA
Steve Calabresi Responds and Updates His Arguments on Impeachment Hearings
Are the Procedures Fundamentally Unfair?
The Supreme Court Needs to Decide With Finality Whether DACA Is Legal
The Court punted on deferred action in 2016, denied certiorari before judgment in 2018, and may yet again evade a merits ruling in 2019
Can Childhood Sexual Abuse Complaints Be Routinely Temporarily or Permanently Sealed?
And does a Vermont statute mandating such sealing apply in cases that are being litigated in federal court?
Don't Forget the One-Fifth Clause
A column at Politico claims that the Senate can, by simple majority vote, decide on a secret ballot for impeachment -- but I don't think so.
Instant reaction to DACA Case: At Least Five Votes that Rescission Not Reviewable
Given the six-month wind-down, the policy would remain intact until after the inauguration.
Impeachment and the Sixth Amendment
No, President Trump cannot invoke his Sixth Amendment rights in connection with House impeachment proceedings
Why DACA Is Legal
The Trump administration's justification for rescinding DACA relies heavily on the claim that the program is illegal. But it's not.
President Trump and DHS Secretary Dukes Made it (Nearly) Impossible to Defend DACA Rescission
SCOTUS can still uphold the rescission if it agrees that Attorney General reasonably concluded that DACA was unlawful
Reflections on the 30th Anniversary of the Fall of the Berlin Wall
A happy occasion - but also one with lessons that remain urgent today.
Short Circuit: A Roundup of Recent Federal Court Decisions
Unfit grandparents, hours at the DMV, a Cheerleading Constitution.
DOJ finally identifies the "constitutional defects" in DACA
The Attorney General's argument, along the lines of our Cato amicus brief, sounds in the non-delegation and major question doctrine.
Upcoming "Introduction to Constitutional Law" Book Talks and Signings
Randy Barnett and I will be signing books at the Heritage Foundation and the Federalist Society National Lawyers Convention
Is the "Faithless Elector" Coming to the Supreme Court?
A recently-filed cert petition gives the Court a good opportunity to rule on the constitutional role of presidential electors
The Judge and the Suspiciously Dead Grandfather
"[G]iven the issues surrounding Mr. Liebowitz’s credibility and his failure to provide any information or documentation regarding his grandfather’s death, Mr. Liebowitz’s reiteration could not sufficiently discharge his obligations to the Court."
Are Iranian-Americans Presumptively "Socially Disadvantaged"?
No, the Small Business Administration has found
Mark Janus doesn't get his money back
The Seventh Circuit's ruling on remedies for Janus violations
November 7 as Victims of Communism Day
While I have long advocated using May 1 for this purpose, November 7 is a worthy alternative candidate, if it can attract a broader consensus.
Extraordinary Jewish Chronicle Front Page Editorial Opposing Jeremy Corbyn
The Chronicle says that a vote for Corbyn is a vote for racism against Jews
Right to Advertise Raw Milk
The Kansas Department of Agriculture has agreed that a Kansas statute sharply limiting such advertising violates the First Amendment.
"If Merely Using Profanity Can Cause a Parent to Lose Custody,"
"the majority of parents might be in danger of losing custody of their children." Plus abortion, opposite-sex roommates, "serial cohabitation without benefit of vows," parents' custody rights vis-a-vis nonparents (here grandparents), and more.
8th Circuit weighs in on the scope of injunctions
A major dissenting opinion by Judge Stras
Forget Paris. It Was Never a Serious Way to Handle Climate Change
Conservatives (and others) should pursue alternative approaches to the threat of climate change.
Attempt to Vanish Posts Critical of the Sandy Hook Hoax Libel Judgment
A request under the name of Leonard Pozner -- the plaintiff in that case -- was submitted to Google, asking it to deindex these criticisms (which aren't themselves covered by the judgment).
Bankruptcy and the First Amendment
A quote from my student Jennifer Wilson, who had worked as a reporter for five years before going to law school.
Legal aspects of the GEDmatch warrant
If a DNA site tries to let the public in but keep the police out, can the police override that with a warrant?
Free Speech and Government Surveillance
Some interesting words from Justice Douglas.
New in The Atlantic: "How the American Bar Association Can Fix Its Mess"
The VanDyke report proves that the ABA cannot be trusted to fairly review nominees.
Court Orders Removal of Libelous Blog Posts About Former DHS Secretary Nominee Bernard Kerik
An interesting analysis, handed down last month
Impressions from the oral argument in Kansas v. Glover
On reasonable suspicion and how to calculate it.
"It's OK to Be White" Flyers Lead to Promise of "Severest Disciplinary Action" by Western Conn. State U.
Same for "Islam is right about women" flyer -- both are labeled "hate-filled flyers" by the University, and apparently the police and the FBI are investigating the distribution of the flyers.
