The Hill reports Senate Democrats want to increase air travel fees to make up a shortfall in the Transportation Security Administration’s budget. The stated rationale for the move is that the burden of the TSA should be borne by those who benefit from it, but that’s no reason to charge air travelers.
Author Archive | Jonathan H. Adler
Guest-Blogging for Megan McArdle
I’ll be among the guest bloggers for Megan McArdle at TheAtlantic.com over the next two weeks. About half the posts will be on environmental stuff, and the other half on Supreme Court stuff. My first post, on property rights and environmental protection is here.
Catholic Institutions Sue Over Contraception Mandate
By Jonathan H. Adler on May 21, 2012 4:25 pm in Health Care, Religion and the Law, Religious Freedom
Several Catholic dioceses and universities filed suit today against the so-called contraception mandate, the Washington Post reports here and here. In all twelve lawsuits were filed in twelve separate federal district courts. There are 43 separate plaintiffs in these suits, including the Archdioceses of Washington, D.C. and New York, Catholic University, and the University of […]
Are Search Engine Providers Like Internet Service Providers?
Today’s NYT reports on the white paper Google commissioned from our host, Eugene (about which Eugene blogged here). I don’t know this area nearly as well as Eugene does, but I found this portion of the article particularly interesting: there is a bit of a rub for Google, some scholars say. The kind of reasoning […]
Court to Consider Standing to Challenge FISA Surveillance
This morning the Supreme Court accepted certiorari in Clapper v. Amnesty International USA, which presents the question whether journalists and human rights organizations have standing to challenge the constitutionality of electronic surveillance of international communications without direct evidence their communications have been surveilled. In this case, the U.S. Court of Appeals for the Second Circuit […]
Asset Forfeiture Abuse
Radley Balko reports on fairly severe asset forfeiture abuse in Wisconsin. In short, after a woman’s son was arrested, the police told her she had to pay for his bail in cash (which was untrue). Then, when she showed up with the money, most of which she had just withdrawn from ATMs, the police seized […]
Justice Breyer’s Bad Luck
Supreme Court Justice Stephen Breyer has had a home robbed twice in the past three months. First burglars raided his Carribbean vacation home, while Breyer was there with guests. Then, earlier this month, his Washington, D.C. home was robbed too.
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 […]
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 […]
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 […]
When Is an Earmark not an Earmark?
When it’s pushed by the Republican leadership, is located in a politically important state, and is carefully written to avoid the official definition of an “earmark.” (HT: Instapundit)
Obama’s Judicial Restraint
The National Law Journal reports that the White House is largely to blame for the high number of vacancies on the federal bench. Democrats have held conference calls and hosted activists from around the country to say the reason fewer federal judges have been confirmed during the last three years is clear: Republicans in the […]
A Futile Suit Against the Filibuster
Yesterday Common Cause and several members of Congress filed suit to challenge the constitutionality of the filibuster. According to various reports, the suit is largely based upon the theory outliend in this article by litigator Emmet Bondurant, which maintains that the filibuster is a historical accident and violates the constitutional principle of majority rule. Where […]