I was happy to hear that the cloture vote on the nomination of Paul Watford to the Ninth Circuit will be held Monday, and I very much hope that Paul will be confirmed. For those interested, here’s my post praising Paul, whom I know well, Orin’s post praising Paul, my letter to the Senate Judiciary […]
Archive | May, 2012
Divided D.C. Circuit Rejects Challenge to Voting Rights Act
This morning, in Shelby County, Alabama v. Holder, a divided panel of the U.S. Court of Appeals for the D.C. Circuit rejected a constitutional challenge to Section 5 of the Voting Rights Act. The 60+ page opinion for the Court by Judge Tatel (joined by Judge Griffith) begins: : In Northwest Austin Municipal Utility District […]
The Harmful Side Effects of Drug Prohibition
There are so many reasons why drug prohibition is objectionable, it is hard to enumerate them all. In my Utah Law Review article, The Harmful Side Effects of Drug Prohibition, I try to systematically survey just the “consequentialist” arguments against this socially-destructive social policy. If I were to revise this article today, I suppose I […]
White on Toobin on Citizens United
Adam White finds Jeffrey Toobin re-writing history in his much discussed New Yorker article on Citizens United. As Toobin set up the story, Citizens United was a little case, involving a “narrow” statutory question. According to Toobin’s New Yorker article, “There did not see to be a lot riding on the outcome.” White finds Toobin’s […]
New England Historical Genealogical Society Rescinds Conclusion that Elizabeth Warren Might Be Cherokee
I was out of town most of last week and I wasn’t planning on blogging any more on the increasingly bizarre saga of Elizabeth Warren’s claim to Native American ancestry, which as of the current moment appears to be entirely unsubstantiated. But I was surprised to see Brian Leiter’s post doubling-down in his defense of […]
Fifth Circuit Rules that Due Process Clause Property Rights Cases Can be Filed in Federal Court
By Ilya Somin on May 17, 2012 3:29 pm in Due Process Clause Property Rights, Property Rights, Regulatory Takings
In the recent case of Bowlby v. City of Aberdeen, the Fifth Circuit Court of Appeals just ruled that Fourteenth Amendment Due Process Clause property rights claims can be filed in federal court, despite the fact that the Supreme Court’s 1985 Williamson County decision bars many Takings Clause property rights claims from federal courts. Robert […]
First Amendment Right to Record the Police Performing Their Duties in Public
The U.S. Justice Department opined May 14 that the First Amendment does secure such a right, reaffirming a January letter that I had missed. “Recording governmental officers engaged in public duties,” the letter reasons, “is a form of speech through which private individuals may gather and disseminate information of public concern, including the conduct of […]
“The Salman Rushdie of Music”
Yesterday’s Wall Street Journal reports: Iranian rapper Shahin Najafi … is now being dubbed the Salman Rushdie of music after two influential clerics in Iran issued fatwas — religious edicts — justifying his murder on grounds of blasphemy [based on a song in which Najafi calls on a Shiite saint, Ali an-Naqi, to save Iran] […]
Arizona Categorically Bans Consideration of a Person’s Religiously Motivated Acts in Government Appointments
Arizona Categorically Bans Consideration of a Person’s Religiously Motivated Acts in Government Appointments The just-enacted Ariz. Rev. Stat. § 41-1493.04 provides, in relevant part: B. Government shall not deny a person an appointment to public office or a position on a board, commission or committee based on the person’s exercise of religion. C. This section […]
District Court Sets Aside NLRB “Quickie Election” Rule
On Monday, a federal district court struck down a new National Labor Relations Board rule that would have accelerated the pace of union certification elections. According to the court’s opinion the NLRB lacked a quorum when it adopted the rule. The opinion begins: According to Woody Allen, eighty percent of life is just showing up. […]
Drink Coffee, Live Longer
A new study suggests those who drink coffee live longer, even if they stick to decaf. Time for another cup.
Sixth Circuit Splinters on Michigan Rape-Shield Statute
Yesterday, in Gagne v. Booker, the full U.S. Court of Appeals for the Sixth Circuit splintered along unusual lines over the application of Michigan’s rape-shield statute to exclude evidence relating to the complaining witness’ prior sexual conduct with the defendant. Lewis Rodney Gagne was accused of gang raping his ex-girlfriend and sought to introduce evidence […]
District Court Preliminarily Enjoins Congress’s Effort to Give Executive Branch Indefinite Detention Power
Judge Katherine B. Forrest of the Southern District of New York, a freshly-appointed Obama nominee, issued a surprising ruling on Wednesday preliminarily enjoining Congress’s recent law providing the President with the authority to detain individuals indefinitely as part of the war on terror. I find Judge Forrest’s analysis quite puzzling, so I thought I would […]
L.A. Shopping Mall Bars Boxer Manny Pacquiao from Being Interviewed at Mall, Citing Pacquaio’s Anti-Gay Statements
The L.A. CBS station reports: Pacquiao was scheduled for an interview on Wednesday afternoon with Mario Lopez of TV’s “Extra” at The Grove in Los Angeles, but … Grove VP of corporate affairs Bill Reich … [issued a statement that] read, “Based on news reports of statements made by Mr. Pacquiao we have made it […]
Kopel vs. Ted Nugent
My co-authored law school textbook Firearms Law & the Second Amendment; Regulation, Rights, and Policy (Aspen Casebook Series) is currently battling with Ted Nugent’s God, Guns & Rock’N’Roll for #1 in Amazon.com sales rankings in the “Gun Control” category. We held the lead a few hours ago, but The Nuge has clawed his way back to #1 […]