Search for: "Jonathan H. Adler"
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12 Nov 2022, 7:01 am
[The Biden Administration has reportedly asked for Commissioner Magnus's resignation, but he has refused to go.] Customs and Border Protection Commissioner Chris Magnus is under fire. Migrant encounters along the southern border are increasing and his handling of the border has has been criticized by members of Congress and officials within his own agency, some of who are threatening to quit. Yesterday, Politico reported, Department of Homeland Security Secretary Alejandro Mayorkas told… [read post]
2 Nov 2022, 4:30 pm
[The federal appellate judge suggests judges should focus less on social media attention, and more on ensuring their opinions are clear, succinct and correct.] In recent remarks before the Harvard Law School chapter of the Federalist Society, Judge Stephanos Bibas of the U.S. Court of Appeals for the Third Circuit lamented the tendency of some judges to be more concerned with authoring quote-worthy and attention-grabbing opinions than in ariting clear and succinct opinions that properly apply the… [read post]
2 Nov 2022, 5:50 am
[The music industry objects to the use of rap lyrics by prosecutors.] Can a criminal defendant's own rap lyrics serve as evidence against him in court? It appears they can be, and the music industry is crying foul. As reported in yesterday's Wall Street Journal, prosecutors have used rap lyrics written or performed by criminal defendants as evidence of criminal activity. Rap lyrics, which can have violent, crime-related themes, are routinely used as evidence against amateur rappers in… [read post]
13 Jul 2022, 12:53 pm
["We've crafted the legislation necessary to avert climate catastrophe. It's time for you to pass it," proclaim staffers in a letter to Congressional leaders.] CNN reports that Congressional staffers are circulating a letter demanding that Congress enact sweeping climate legislation. The letter has been signed anonymously by over 200 staff from House and Senate offices. From the CNN story: In a rare move, more than 200 congressional staffers have sent a letter to Democratic… [read post]
26 Jun 2022, 7:35 am
[In his Dobbs concurrence, the senior associate justice reiterates his outlying views on precedent and his belief that all substantive due process decisions were "demonstrably erroneous."] The concurring opinion by Justice Clarence Thomas in Dobbs v. Jackson Women's Health Organization is certainly turning heads. In that solo opinion, Justice Thomas calls for revisiting all of the Supreme Court's prior decisions holding that unenumerated rights are protected by… [read post]
26 May 2022, 10:49 am
Adler's kind invitation, I'd like to elaborate, focusing on the objections that the opinion [read post]
13 May 2022, 7:57 am
[A belated 2021 lecture sponsored by the Georgetown Center for the Constitution] Last month, the Honorable Neomi Rao delivered the Georgetown Center for the Constitution's 2021 Thomas M. Cooley Judicial Lecture on "The Province of the Law." (Like many such events, the lecture had been scheduled for 2021, but was postponed until this year due to the pandemic.) Judge Rao's lecture is a complement -- perhaps even a sequel -- to her 2022 Sumner Canary Lecture on… [read post]
5 Apr 2022, 2:34 pm
[The Associated Press reports on the juniormost justices's remarks at the Reagan library.] Yesterday Justice Amy Coney Barrett spoke at the Ronald Reagan Presidential Library in Simi Valley, California. According to this AP report, Justice Barrett cautioned against interpreting judicial decisions as political statements or assuming that judges are driven by policy results. When controversial decisions are handed down, Justice Barrett noted, one should read the opinion before reaching… [read post]
5 Apr 2022, 1:16 pm
[A recent lecture defends Originalist judging against its upstart conservative rival. ] Last Friday, Chief Judge William Pryor of the U.S. Court of Appeals for the Eleventh Circuit delivered a lecture responding to calls for "common-good constitutionalism" by some conservative pundits and legal scholars. This lecture, "Against Living Common Goodism," was the Keynote address at the Federalist Society's 2022 Ohio Chapters Conference and is now available online (including as a… [read post]
12 Feb 2022, 8:21 am
[A paper by Professor Ann Lipton has been deplatformed because Philip R. Shawe does not like how it portrays his actions in a business dispute, and now a law review may refuse to publish the piece.] Professor Ann Lipton, a noted corporate law scholar at Tulane, has a new paper, "Capital Discrimination," discussing gender discrimination in business disputes. When she completed her draft she posted the article on SSRN and submitted it law reviews, as one does, and received an offer of… [read post]
18 Jan 2022, 6:46 am
[Nina Totenberg reports on potential strains among the justices and Justice Gorsuch's decision not to wear a mask at argument.] NPR has posted a story by Nina Totenberg suggesting that there are simmering tensions among the justices on the Supreme Court. From the article, "Supreme Court justices aren't 'scorpions,' but not happy campers either": . . . anybody who regularly watches Supreme Court arguments is used to seeing some testy moments in both big and little… [read post]
8 Jan 2022, 10:38 am
[The caliber of questioning by the justices was not up to the usual standards, but the justices seemed to understand the two rules at issue present different questions.] I have been a big fan of live audio of Supreme Court oral arguments. In most cases, I think the audio has shown how the justices carefully consider the legal questions before them, and has highlighted how the legal questions before the justices are often quite distinct from the policy questions involved. In this regard,… [read post]
5 Jan 2022, 9:52 am
[There are not many subjects on which Professors McConnell, Pildes, Foley and Smith agree.] One step that could help prevent another January 6 would be to reform the Electoral Count Act, so as to remove the ability of members of Congress to question or subvert certified election results. This is the argument made in an op-ed by law professors Edward Foley, Michael McConnell, Richard Pildes, and Bradley Smith -- four aw professors that span the political spectrum and agree on very little. Their… [read post]
13 Dec 2021, 6:52 am
[The justices show little interest in vaping regulation on the shadow docket, but may yet review the FDA's behavior in the regular course.] On Friday, the Supreme Court denied vaping product manufacturer Breeze Smoke's emergency application for a stay of the Food & Drug Administration's denial of its product applications. Without approval of its applications, Breeze Smoke may not sell e-cigarettes or other electronic nicotine delivery systems (ENDS). The Court's denial is not… [read post]
11 Nov 2021, 7:10 am
[The FTC is apparently taking actions based upon votes cast by a Commissioner who is no longer on the Commission.] The Federal Trade Commission is an independent regulatory agency that is supposed to have five commissioners, no more than three of which may be members of the same political party. At the moment, however, it has only four--two Democrats and two Republicans--as one commissioner (Rohit Chopra) left the Commission to take the helm of the Consumer Finance Protection Bureau. This creates… [read post]
23 Jul 2025, 6:34 am
[Trump v. CASA was important, but it is not clear district courts have gotten the message.] The Supreme Court may have eliminated the district court practice of entering universal injunctions in suits against the federal government in Trump v. CASA, but this is but one step toward reining in judicial overreach by district courts, for reasons I explain in my latest Civitas Outlook column. A taste: In a sweeping and compelling opinion by Justice Amy Coney Barrett, a majority of the Court… [read post]
12 Jul 2025, 3:59 pm
[It is easier for universities to hire administrators than to engage in meaningful change.] A new study in the Southern Economic Journal suggests that university efforts to enhance diversity by hiring DEI executives to oversee diversification efforts were largely ineffective. Specifically the study, "The Impact of Chief Diversity Officers on Diverse Faculty Hiring," finds that hiring CDOs had no effect on faculty diversity. The abstract reads: Racial diversity among faculty, students,… [read post]
9 May 2025, 7:20 pm
[Lessons from Hamdi v. Rumsfeld] As my co-blogger Ilya Somin notes below, White House aide Stephen Miller commented today that the Trump Administration is "actively looking at" whether it would be possible to suspend the writ of habeas corpus on the grounds that the country is suffering an "invasion" by illegal immigrants. My own view is that the White House can look at this question all it wants, but it is ultimately up to Congress whether the writ should be suspended (at least… [read post]
18 Mar 2025, 2:18 pm
[In 2020, the Chief Justice condemned Senator Schumer's "dangerous" remarks.] In March 2020, Chief Justice Roberts issued the following statement after Senator Schumer and others held a rally in front of the Court. This morning, Senator Schumer spoke at a rally in front of the Supreme Court while a case was being argued inside. Senator Schumer referred to two Members of the Court by name and said he wanted to tell them that "You have released the whirlwind, and you will pay the… [read post]
2 Mar 2025, 8:46 am
[An online administration meltdown and question leaks leave test takes frustrated and furious and others demanding answers.] It appears the February administration of the California bar exam was a bit of a fiasco. Many trying to take the exam online were locked out and prevented from finishing, or in some cases even starting, the exam. The Bar planned for a retake, but it appears at least some questions were leaked online. A class action suit has already been filed and some are proposing… [read post]
