Archive | May, 2013

Joining Twitter

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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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. […]

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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 […]

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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: […]

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