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YOU WONT BELIEVE: 4 | Mind Blowing Facts

Justice Kagan: Affirmative Action Suggests that Beneficiaries Could Not be Accepted Based on Merit Alone

OK, she said it in 2006 as a dean, not a Justice, and about women and law review membership at Harvard, not SFFA and minority admissions, but I would be interested in knowing why she has expressed this concern about women, but not URMs. Relatedly, my former colleague (now DC…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Suing the TSA, unsecured explosives, and basic grammar.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

David Sosa has some important thoughts. And so does David Sosa. As well as David Sosa. Also, David Sosa.

Reason

From analysis to the latest developments in health,
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Short Circuit: A Roundup of Recent Federal Court Decisions

Deposition misconduct, grumpy interrogatories, and protesting the Lawyers' Mall.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Vaccinated jurors, a parking monopoly, and plant-based meat.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Herring monitors, state-created dangers, and kicking out the jams.

Reason

On Universal Vacatur, the Supreme Court, and the D.C. Circuit

Thoughts on recent oral argument exchanges on whether the Administrative Procedure Act contemplates (let alone requires) universal vacatur.

Reason

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D.C. Circuit Refuses to Order Archivist to Certify Ratification of Equal Rights Amendment

From today's D.C. Circuit opinion in Illinois v. Ferriero, written by Judge David Wilkins and joined by Judges Neomi Rao and Michelle Childs: The States of Illinois and Nevada … filed this mandamus action in the district court, seeking to compel the Archivist of the United States to certify and…

Reason

Probing the Limits of Speech or Debate Clause Privilege for Perry and Pence

The January 6 invistigations have renewed interest in this somewhat obscure constitutional provision and the scope of its protections.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Alaskan Natives, Alaska Airlines, and Alaskan students.

Reason

GOP states urge Supreme Court to allow border policy defense

WASHINGTON — A group of Republican-led states urged the Supreme Court on Wednesday to let them join litigation to defend pandemic-related border restrictions, warning a decision otherwise could pave the way for presidents to improperly abandon policies they dislike from their predecessors.

Tribune News Service

GOP states urge Supreme Court to allow border policy defense - Roll Call

A group of Republican-led states urged the Supreme Court to let them join litigation to defend pandemic-related border restrictions.

Roll Call

Sixth Circuit Upholds Injunction Against Biden Administration COVID-19 Vaccine Mandate for Federal Contractors

The U.S. Court of Appeals for the Sixth Circuit concludes the President exceeded the scope of his delegated authority.

Reason

Democrats May Regret Compromising Taxpayer Privacy To Get Trump

The release of the former president’s tax returns sets a dangerous precedent.

Reason

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Supreme Court Issues Dubious Ruling that Perpetuates Title 42 "Public Health" Expulsions of Migrants

The decision doesn't actually require continuation of the policy, but will have that effect indirectly. Justice Neil Gorsuch's dissent explains why the Court was wrong to take this step.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Feather bans, tent curtilage, and youngsters and their sweets.

Tribune News Service

GOP states ask appeals court to preserve Title 42 border policy

WASHINGTON — A federal appeals court could rule as soon as Friday on a bid from a group of Republican-led states to preserve pandemic-related border controls, with just days remaining until a court order forces the Biden administration to lift the restrictions.

Roll Call

GOP states ask appeals court to preserve Title 42 border policy - Roll Call

A federal appeals court could rule as soon as Friday on a bid from a group of Republican-led states to preserve pandemic-era border controls.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Shunt sabotage, shooting up a tailor's, and the credible threat of prosecution.

Tribune News Service

US to appeal ruling that struck down pandemic-era border policy

WASHINGTON — The Biden administration told a Washington federal court Wednesday that it will appeal a ruling that struck down pandemic-related asylum restrictions known as Title 42.

Roll Call

US to appeal ruling that struck down pandemic-era border policy - Roll Call

The government told a Washington federal court Wednesday that it will appeal a ruling that struck down pandemic-related asylum restrictions.

Reason

Computer Code Can Be Regulated Because of What It Does, Even If Not Because of What It Says

The D.C. Circuit rejects a First Amendment challenge to the Digital Millennium Copyright Act's anticircumvention and antitrafficking provisions.

Tribune News Service

Noah Feldman: The Supreme Court’s other conservative revolution

The conservative revolution at the U.S. Supreme Court has two prongs. One grabs headlines as the justices overturn long-established precedent on big-ticket issues like abortion, affirmative action and voting rights. The second is a less-noticed yet enormously ambitious transformation of the judiciary’s job. Put simply, the justices are placing themselves…

Reason

Predicting a Fragmented Vote in United States v. Texas

I don't think there will be a five vote bloc on standing or the remedy.

Reason

Let's Not Set Aside The Scholarly Debate About Vacatur

Sam Bray and John Harrison have moved an argument about equity from "off-the-wall" to "on-the-wall"

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