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DARK SECRETS: 2 - The Real Truth

My Contribution to Brennan Center Symposium on the Most Significant State Constitutional Cases of 2023

I focus on the Washington Supreme Court's flawed decision holding an eviction moratorium is not a taking of private property.

Reason

No Absolute Privilege for Accuser's Allegations in High School Sex Misconduct Investigation,

because the investigations doesn't offer the sort of due process available in a judicial trial.

Reason

State-Licensed Pot Suppliers Say Federal Prohibition Is Unconstitutional As Applied to Them

A federal lawsuit argues that it is time to reassess the Commerce Clause rationale for banning intrastate marijuana production and distribution.

Reason

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A Queer Teacher in Edgewood Picked a Fight He Couldn’t Win

Learn4Life of San Antonio suspended Michael Gonzales after he tweeted a picture of himself in his classroom beside a pride flag.

Texas Observer

Section 230 Is Safe (for Now) After Supreme Court Rules on Google and Twitter Terrorism Cases

Plus: A new lawsuit in Montana over the state's TikTok ban, the economic realities of online content creation, the rights of private companies, and more...

Reason

Mariners walk tight rope in win over Guardians, clinch first series victory of season

CLEVELAND — As he caught the short underhand toss from Ty France and stepped on first base for the final out of the Mariners’ 3-2 victory that clinched a series win over the Guardians, Paul Sewald held the ball in his glove, put his arms in a cradle position and…

Tribune News Service

Google, Section 230 & Nohemi Gonzalez

Philip Hamburger's Op-Ed at the Federalist on a case to be argued next week

Reason

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Prisoners donating organs to get time off raises thorny ethical questions

In January 2023 two Democratic representatives, Judith Garcia and Carlos Gonzalez, proposed a bill that would offer prisoners in Massachusetts a new way to win reduction in their sentences: by donating their bone marrow or vital organs.

The Conversation

Gunmen open fire outside nightclub killing one and injuring four in latest US shooting

Police say more than 50 shots were fired at a concentrated area outside the club, with the suspects reportedly wearing ski masks and firing high-powered AK-47 assault rifles

Daily Mirror

WEC Bahrain: #8 Toyota wins title; Ferrari hangs on to take GTE Pro crown

Toyota clinched the World Endurance Championship title for a fourth season in succession after Alpine struggled for pace in the year-closing Bahrain 8 Hours.

Autosport

Bahrain WEC: Toyota and Ferrari clinch world titles

Toyota clinched the FIA World Endurance Championship title for a fourth season in succession after Alpine struggled for pace in the year-closing Bahrain 8 Hours on Saturday.

Motorsport

Lindsey Graham's Proposed Federal Abortion Ban is an Unconstitutional Assault on Federalism - But it Might Fly Under Current Supreme Court Precedent

The problem is the Court's ultra-broad interpretation of Congress' power to regulate interstate commerce. But the justices might cut that back.

Reason

At CPAC, Ted Cruz says China shooting down Pelosi’s plane would be ‘an act of war’

DALLAS — Sen. Ted Cruz told a conservative gathering in Dallas on Friday that President Joe Biden should have reacted more forcefully to China’s threats to shoot down House Speaker Nancy Pelosi’s plane during her trip to Taiwan — saying it would be an “act of war” if the threats…

Tribune News Service

At CPAC, Ted Cruz calls China’s threats against Pelosi an ‘act of war’

DALLAS — Sen. Ted Cruz characterized threats from the Chinese to shoot down a plane carrying House Speaker Nancy Pelosi to Taiwan as “an act of war,” telling a conservative gathering in Dallas on Friday that President Joe Biden should have reacted more forcefully.

Tribune News Service

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Reason

Kelley v. Becerra, the Preventive Care Mandate and the Major Questions Doctrine

SCOTUS dodged this issue in Little Sisters of the Poor, but W.V. v. EPA invigorated the claim.

Reason

The Precedential Value of Shadow Docket Cases

West Virginia v. EPA included the COVID cases in the Major Questions Canon.

Reason

The Legality of DACA After West Virginia v. EPA

The long-standing deferred action policy fits many of the Chief Justice's criteria for majorness.

Reason

What's In A Name?

A doctrine by any other name would be just as major.

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Tribune News Service

Abraham Toro rewards Mariners with walk-off win after George Kirby rebounds admirably vs. A’s

SEATTLE — Fighting through the pain in his left shoulder and the worst slump of his career, Abraham Toro has found a little optimism for him and the Mariners.

Reason

Could Congress Ban Abortion Nationwide if Roe Gets Overruled?

Under current Supreme Court precedent, the answer is probably "yes." But that precedent might not hold, thanks in part to Clarence Thomas.

Reason

Back to Near-Unanimity as to Religious Exemptions, in Today's Condemned Inmate Case

High-profile sharp splits in religious exemption cases (such as Hobby Lobby or Fulton v. City of Philadelphia), whether as to the result (in Hobby Lobby) or the reasoning (in Fulton), can make people think that religious exemption claims always so divide the Supreme Court. That's not so, as the unanimous…

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