INSANE: 18 - The Real Truth

An Unusual Supreme Court Split in Bittner v. United States

The Bank Secrecy Act divides the justices in an unusual way, and Justice Barrett authors her fourth opinion in an argued case.

Reason · Feb 28, 2023

Supreme Court to hear case that threatens existence of consumer protection agency

At issue is how the CFPB is funded: It gets its money from the Federal Reserve, which in turn is funded by bank fees, and not through congressional appropriations.

WEKU · Feb 27, 2023

Justice Kagan Double-Helixes Justices Gorsuch and Kavanaugh

Kagan: "Kavanaugh, J. (recognizing that the argument may be forfeited, but opining on it anyway)."

Reason · Feb 25, 2023

Short Circuit: A Roundup of Recent Federal Court Decisions

Dam removal, malicious prosecution, and pre-trial diversion.

Reason · Feb 17, 2023

Federalist Society Panel on "Discussion, Coercion, and the Pursuit of Truth" at Law Schools

The panel was moderated by Fifth Circuit Judge James Ho, and included former Solicitor General Paul Clement, Prof. Renee Lettow Lerner, legal journalist David Lat, lawyer Jay Edelson, and me.

Reason · Feb 13, 2023

"Terrifying" court let abusers keep guns

Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling

Salon · Feb 9, 2023

Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns

Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling, which continued a string of court decisions citing the Second Amendment to erase gun restrictions.

The Texas Tribune · Feb 9, 2023

"Originalism" will likely kill women

A federal court finds that women's lives are less important than a bizarre misreading of the Second Amendment

Salon · Feb 7, 2023

Are Circuit Court Decisions from Before 1892 Binding On The Circuit Courts of Appeals?

The Evarts Act of 1892 established the modern-day circuit courts of appeals.

Reason · Feb 7, 2023

Abortion and the 13th Amendment

Judges cannot take the Supreme Court's silence as a ground to subvert Supreme Court precedent.

Reason · Feb 7, 2023