makes its first appearance in a published court opinion. For more on this beast, see here. For links to the other opinions in the case, see here. For my earlier thoughts on why the panel decision was mistaken, see here. I might have more after I read the opinion related to denial of rehearing en banc, and reread the panel opinion.

Related Posts (on one page):

  1. Government Investigations:
  2. Turducken
David Schwartz (mail):
I'll say the same thing I said last time: This case is not about voluntary anything. It's about the Federal Government requiring you to authorize third parties to release information they otherwise would in fact keep confidential as a condition of Federal employment.

You wrote:

Or say you're a manager in some small government department, and you're thinking of hiring someone; but you've heard that he might have some problems, so you ask people who know him the same sorts of questions. Pretty clearly constitutional, I would have thought. There's no Fourth Amendment problem because there's no search for constitutional purposes. (Questioning isn't a search.) There's no Self-Incrimination Clause problem because you aren't compelling anyone to incriminate himself. There's no restraint on anyone's liberty because you aren't forcing anyone to say something.
Right, and nobody disagrees with that. Now suppose you told the guy that he seem kind of squirrely to you and you had a bad feeling about him. So you want him to sign a statement authorizing and and all third-parties to release any and all medical, financial, or other personal data on him. And if he doesn't sign it, he'll be deemed to have resigned.

Still no problem?
6.4.2009 6:36pm
How did I know That Kozinski would be involved?
6.4.2009 7:15pm
trotsky (mail):
Funny, the opinion says "turducken" like it's a bad thing.
6.4.2009 7:47pm
Turducken is awesome.:
It really is.
6.4.2009 7:49pm
trotsky (mail):
Do-it-yourself instructions are here. I confess I've never attempted a recipe that required the use of "one small hammer."
6.4.2009 9:10pm
Bill Poser (mail) (www):
I'm waiting for an opinion that mentions whole stuffed camel, which I assume hasn't happened yet.
6.5.2009 2:15am
Sid the warmonger (mail) (www):
It may not make it as a legal term, but it will always have a loyal fan base in the culinary world.

If you are ever in South Louisiana, give it a try.
6.5.2009 10:08am
Thales (mail) (www):
There's some company that ships Turduckens nationwide. I think it was profiled in National Geographic a few years ago.
6.5.2009 11:21am
Turducken lover:
There are several companies that ship Turduckens. I live in Nevada and we order one every year for the holidays.
6.5.2009 12:46pm
I've made turducken twice. It takes pretty much a full day to prepare if you're using the carcasses to make the stock for the various stuffings, plus 18 hours of cooking time.

It's a *lot* of food. You need a big crowd to make it worthwhile.
6.5.2009 1:48pm

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