The U.S. Court of Appeals for the Sixth Circuit has had quite a losing streak in the Supreme Court. For the past few years, on over twenty straight cases, the Supreme court has reversed the Sixth Circuit decision in every case in which the Court accepted cert. The lion’s share of these cases concerned grants […]
Author Archive | Jonathan H. Adler
IRS Attorney to Take the Fifth
Via John Steele at Legal Ethics Forum comes news that Lois Lerner, the Internal Revenue Service official who oversees the tax-exempt office and who first disclosed her office’s targeting of Tea Party groups in response to a planted question at an ABA conference, will invoke her Fifth Amendment right against self-incrimination and refuse to testify […]
Supreme Court Holds Chevron Deference Applies to Scope of Agency Jurisdiction
Today, in Arlington v. FCC, the Supreme Court held 6-3 that courts should confer Chevron deference to agency interpretations of ambiguous statutory provisions concerning the scope of agency jurisdiction. Justice Scalia wrote for the majority. Justice Breyer filed an opinion concurring in part and concurring in the judgment. The Chief Justice dissented, joined by Justices Kennedy and […]
Sixth Circuit Reversed in Another Habeas Case
The U.S. Court of Appeals for the Sixth Circuit has been on quite a losing streak in the High Court, particularly when it comes to habeas cases. This morning, the Sixth Circuit was reversed again by a unanimous court in Metrish v. Lancaster, vindicating Judge Batchelder who had dissented from the original panel opinion. As has […]
Case Western Reserve Law Review Symposium on Hydraulic Fracturing
The Case Western Reserve Law Review has published its fall symposium on “The Law and Policy of Hydraulic Fracturing: Addressing the Issues of the Natural Gas Boom.” I blogged about the symposium here. The full issue is available onilne in PDF, and I’ve posted links to the articles below. Introduction by Jonathan L. Entin Four Questions […]
IRS Disclosure Was Planted
From the moment of the initial disclosure of IRS targeting of conservative groups, observers have speculated about the timing and location of the disclosure. Could this really have been an unplanned, impromptu remark? No. In fact, the question was planted and Lois Lerner’s statement was pre-planned. As additional information trickles it out, it is also […]
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 […]
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: […]
President Calls IRS Conduct “Inexcusable”
President Obama harshly condemned the apparent politicization of the IRS today and announced the resignation of Acting IRS Commissioner Steve Miller. From the Washington Post: In a furious statement at the White House, Obama said the IRS’s actions were “inexcusable and Americans are right to be angry about it and I’m angry about it.” He […]
Justice Launches Criminal Investigation into IRS
The Washington Post and New York Times report that Attorney General Eric Holder has ordered a criminal investigation into the Internal Revenue Service’s targeting of conservative groups. UPDATE: Via the Huffington Post, here’s a link to the Inspector General’s report on the IRS’s targeting of conservative groups. Rick Hasen has already flagged some choice quotes.
Desire to Homeschool Not a Basis for Asylum
This morning the U.S. Court of Appeals for the Sixth Circuit decided Romeike v. Holder. Judge Sutton’s opinion for the court begins: Uwe and Hannelore Romeike have five children, ages twelve, eleven, nine, seven and two, at least at the time this dispute began. Rather than send their children to the local public schools, they would prefer […]