After years of resistance, I have finally joined Twitter. Perhaps, as the Borg would say, resistance is futile and assimilation into Twitter is inevitable. For readers who may be interested, my Twitter username is IlyaSomin. Despite this capitulation, I will not be completely assimilated into the Twitterverse. Given my rational ignorance about pop culture other […]
Archive | May, 2013
Must the Fair Sentencing Act Be Applied Retroactively?
Today a divided panel of the U.S. Court of Appeals for the Sixth Circuit, in United States v. Blewett, held that the Fair Sentencing Act’s modification of mandatory minimum sentences for crack cocaine must be applied retroactively. Judge Merritt, joined by Judge Martin, wrote for the panel. Judge Gilman dissented. Judge Merritt’s opinion for the […]
Did AP Disclosure Truly Compromise National Security?
The Washington Post reports on reasons for some skepticism about the seriousness of the leak that prompted the seizure of AP phone records.
Overreaching on the IRS Scandal
The targeting of Tea Party and other right-leaning groups by the IRS is a major scandal. Yet, as Walter Olson notes, some of the Administration’s critics have gone a bit overboard trying to tie the scandal to the White House. It’s one thing to note the lopsided political contributions of IRS employees, including those in […]
No, the IRS Is Not an “Independent Agency”
Responding to press questions about the IRS scandal, White House spokesperson Jay Carney claimed that the IRS is an “independent agency.” At the Federalist Society’s new Executive Branch Review blog, former Assistant Attorney General Eileen O’Connor, who oversaw the Justice Department’s Tax Division, explains that Carney was quite wrong on this point. Most Executive Branch […]
Further Thoughts on the Third Circuit’s Recess Appointment Decision
One of the frequently explanations for why the Supreme Court prefers to let circuit splits develop is that the Justices benefit from having the views of many court of appeals judges before addressing a subject themselves. Today’s Third Circuit opinion in NLRB v. New Vista Nursing & Rehabilitation serves that role admirably, adding two new […]
Defamation, Exaggeration, and “the Worst Little Boy I’ve Ever Seen”
Here’s a newspaper article containing an allegedly defamatory statement by Gov. Sundquist: [Some death row inmates] accuse the governor of being “mean spirited” because he took away their satellite dish. Three inmates and four citizens have filed a federal lawsuit against the governor and correction officials, claiming the satellite dish was paid for by donors […]
The IRS Quizzing Pro-Life Groups About Their Intentions and Their Speech
Apropos the recent stories about the IRS’s quizzing conservative groups about their intentions and their speech, and delaying approval of those groups’ tax-exempt status, here are two items from a few years ago: 1. In 2011, the IRS quizzed Christian Voices for Life about whether they “[do] education on both sides of the issues” and […]
DOJ Clarifies That Only “A Portion” of Two Months of Telephone Records Were Collected
Most of the reporting on the DOJ investigation into the leak to the AP has said that the DOJ obtained two months of telephone records. The claim of a two-month period comes from the AP’s own reporting about what DOJ disclosed to the AP in its notice about the collection. The AP story began: “The […]
Floyd Abrams & the First Amendment: The Risks of Liberty
Here is the last installment before Mr. Abrams’s post. Thanks to Eugene for having me and thanks to all for the comments (critical ones included) from your readers. RC “Our approach under the First Amendment has wisely, I think, generally been to risk suffering the harm that speech may do in order to avoid the […]
Senate Judiciary Committee Unanimously Approves Sri Srinivasan for DC Circuit Spot
News here.
Divided Third Circuit Panel Invalidates NLRB Recess Appointment
The Third Circuit (Smith, Van Antwerpen, Greenaway (dissenting)) has invalidated an NLRB decision after concluding that one of the Board’s members had an invalid recess appointment. The decision is available here. Before you think about printing it out, be advised that the majority opinion is 102 pages long, and Judge Greenaway’s dissent runs another 55. […]
Bond Amicus Brief for Cato et al.
As regular readers know, the Supreme Court granted certiorari in Bond v. United States in January. The case raises the question of whether a treaty can increase the power of Congress. Last week I posted about Paul Clement’s first-rate brief on behalf of the Petitioner. Yesterday, I filed an amicus brief on behalf of the […]
Must Public Schools Collect Dues for Public School Employee Unions?
Last week, the U.S. Court of Appeals for the Sixth Circuit decided an interesting case concerning the collection of union dues for public school employees in Michigan. In Bailey v. Callaghan, a divided panel upheld Michigan’s Public Act 53 which provides: ““A public school employer’s use of public school resources to assist a labor organization […]
Media Matters v. Media Matters
Media Matters raised some eyebrows when it issued talking points defending the Justice Department’s seizure of AP phone records. After all, it seemed odd that an ostensibly liberal media watchdog would side with the government over the press. So the Washington Post‘s Erik Wemple asked Media Matters for comment, prompting this reply from Media Matters David Brock: […]