Case Seeks SCOTUS Review of Whitaker Appointment

Steven D. Schwinn, John Marshall Law School Tom Goldstein, frequent Supreme Court litigator and publisher of SCOTUSblog, asked the Supreme Court today to rule on the legality of President Trump’s designation of Matthew Whitaker as Acting AG. The issue came… Full Story Here Law Professor November 16, 2018 10:29 pm Support Us

The Attorney General, Congress, and Executive Oversight

After Attorney General Jeff Sessions resigned at the request of President Trump, the president appointed Sessions’ former chief of staff, Matthew Whitaker, to serve as acting attorney general, and a flurry of questions about the legality, constitutionality, and political repercussions of these developments ensued. Constitutional law scholar Steve Vladeck and political scientist Greg Weiner join… Read More

Florida District Judge Issues Injunction on Mismatched Signature Ballot Claim

Professor Ruthann Robson, City University of New York (CUNY) School of Law In his opinion in Democratic Executive Committee of Florida v. Detzner, United States District Judge Mark Walker, Chief Judge for the Northern District of Florida, has granted the… Full Story Here Law Professor November 15, 2018 2:30 pm Support Us

United States District Judge Issues Injunction in Georgia Vote Challenge

Professor Ruthann Robson, City University of New York (CUNY) School of Law In an Order in Georgia Coalition for the People’s Agenda v. Kemp, United States District Judge Eleanor Ross has found that the challengers would be likely to succeed… Full Story Here Law Professor November 2, 2018 3:30 pm Support Us

Daily Read: Proposal to End Birthright Citizenship Unconstitutional

In an opinion piece in the Washington Post, Neal Katayl and George Conway III argue that the president’s publicized plan to end "birthright citizenship" by Executive Order would be unconstitutional. They argue that the EO’s content contradicts the plain language… Full Story Here Law Professor October 31, 2018 3:30 pm Support Us

Daily Read: Posse Comitatus and the Constitution

The reported announcement that the United States is sending "5,200 troops, military helicopters and giant spools of razor wire to the Mexican border in the coming days to brace for the arrival of Central American migrants President Trump is calling… Full Story Here Law Professor October 29, 2018 11:29 pm Support Us

Federal Judge Grants Injunction in Challenge to Georgia "Mismatch" Ballots

Professor Ruthann Robson, City University of New York (CUNY) School of Law In her Order & Opinion in Martin v. Kemp, United States District Judge Leigh Martin May stated she would enjoin county election officials from simply rejecting absentee ballot… Full Story Here Law Professor October 24, 2018 11:31 pm Support Us

District Judge Enjoins Termination of TPS Designations

Professor Ruthann Robson, City University of New York (CUNY) School of Law In his opinion in Ramos v. Nielsen, United States District Judge Edward Chen of the Northern District of California enjoined the federal government’s termination of TPS — Temporary… Full Story Here Law Professor October 23, 2018 3:30 pm Support Us

Non-Delegation Challenge to Sex Offender Statutes Faces Uphill Battle at Court

Steven D. Schwinn, John Marshall Law School The Supreme Court heard oral arguments yesterday in Gundy v. United States, the case testing whether the federal Sex Offender Registration and Notification Act delegated too much authority to the Attorney General to… Full Story Here Law Professor October 23, 2018 3:30 pm Support Us

District Judge Finds ICWA Unconstitutional

Professor Ruthann Robson, City University of New York (CUNY) School of Law In his opinion in Brackeen v. Zinke, United States District Judge for the Northern District of Texas, Reed O’Connor, entered summary judgment for the plaintiffs and found that… Full Story Here Law Professor October 23, 2018 3:29 pm Support Us

Seventh Circuit Upholds Wisconsin’s Butter-Grading System

Steven D. Schwinn, John Marshall Law School The Seventh Circuit last week upheld Wisconsin’s butter-grading system against Dormant Commerce Clause, due process, and equal protection challenges. The ruling means that Wisconsin’s butter-grading system stays on the books. The case, Minerva… Full Story Here Law Professor October 23, 2018 3:29 pm Support Us

District Judge Dismisses Stormy Daniels’ Claim of Defamation Against Trump

Professor Ruthann Robson, City University of New York (CUNY) School of Law In his 14 page opinion as a minute order in Cliffords v. Trump, the federal judge dismissed the claim of Stormy Daniels (a/k/a Stephanie Clifford) against President Trump… Full Story Here Law Professor October 23, 2018 3:29 pm Support Us

CFP: Women and the Law

2019 Detroit Mercy Law Review Symposium: Women and the Law Call for Papers and Presentations Deadline: November 9, 2018 The Law Review at University of Detroit Mercy School of Law will be hosting its 103rd annual symposium: Women and the… Full Story Here Law Professor October 23, 2018 3:29 pm Support Us

Daily Video: Chief Justice Roberts on the Independent Judiciary

In a talk at the University of Minnesota Law School, Chief Justice Roberts spoke and emphasized the independence of the judiciary after a contentious confirmation process and reported diminishing confidence in the courts. Video from C-SPAN here: Full Story Here Law Professor October 23, 2018 3:29 pm Support Us

CFP: Kavanaugh Nomination

CFP from Journal of Civil Rights and Economic Development at St. John’s University School of Law. An America Divided: The Kavanaugh Nomination The nomination and subsequent appointment of Brett Kavanaugh to the Supreme Court of the United States have sparked… Full Story Here Law Professor October 23, 2018 3:29 pm Support Us

Check it Out: Liptak on Judicial Clerk Training by Heritage

Check out Adam Liptak’s piece in the NYT on the Heritage Foundation’s closed-door "training academy" for federal judicial clerks. Here’s from the article: "Generous donors," the application materials said, were making "a significant financial investment in each and every attendee."… Full Story Here Law Professor October 23, 2018 3:29 pm Support Us

Check it Out: Liptak on Judicial Clerk Training by Heritage

Check out Adam Liptak’s piece in the NYT on the Heritage Foundation’s closed-door "training academy" for federal judicial clerks. Here’s from the article: "Generous donors," the application materials said, were making "a significant financial investment in each and every attendee."… Full Story Here Law Professor October 18, 2018 3:30 pm Support Us

Daily Video: Chief Justice Roberts on the Independent Judiciary

In a talk at the University of Minnesota Law School, Chief Justice Roberts spoke and emphasized the independence of the judiciary after a contentious confirmation process and reported diminishing confidence in the courts. Video from C-SPAN here: Full Story Here Law Professor October 17, 2018 3:30 pm Support Us

District Judge Dismisses Stormy Daniels’ Claim of Defamation Against Trump

Professor Ruthann Robson, City University of New York (CUNY) School of Law In his 14 page opinion as a minute order in Cliffords v. Trump, the federal judge dismissed the claim of Stormy Daniels (a/k/a Stephanie Clifford) against President Trump… Full Story Here Law Professor October 15, 2018 11:29 pm Support Us

CFP: Women and the Law

2019 Detroit Mercy Law Review Symposium: Women and the Law Call for Papers and Presentations Deadline: November 9, 2018 The Law Review at University of Detroit Mercy School of Law will be hosting its 103rd annual symposium: Women and the… Full Story Here Law Professor October 13, 2018 11:28 pm Support Us

District Judge Finds ICWA Unconstitutional

Professor Ruthann Robson, City University of New York (CUNY) School of Law In his opinion in Brackeen v. Zinke, United States District Judge for the Northern District of Texas, Reed O’Connor, entered summary judgment for the plaintiffs and found that… Full Story Here Law Professor October 10, 2018 3:30 pm Support Us

Seventh Circuit Upholds Wisconsin’s Butter-Grading System

Steven D. Schwinn, John Marshall Law School The Seventh Circuit last week upheld Wisconsin’s butter-grading system against Dormant Commerce Clause, due process, and equal protection challenges. The ruling means that Wisconsin’s butter-grading system stays on the books. The case, Minerva… Full Story Here Law Professor October 9, 2018 11:29 pm Support Us

District Judge Enjoins Termination of TPS Designations

Professor Ruthann Robson, City University of New York (CUNY) School of Law In his opinion in Ramos v. Nielsen, United States District Judge Edward Chen of the Northern District of California enjoined the federal government’s termination of TPS — Temporary… Full Story Here Law Professor October 4, 2018 3:30 pm Support Us

District Judge Enjoins Termination of TPS Designations

Professor Ruthann Robson, City University of New York (CUNY) School of Law In his opinion in Ramos v. Nielsen, United States District Judge Edward Chen of the Northern District of California enjoined the federal government’s termination of TPS — Temporary… Full Story Here Law Professor October 4, 2018 3:30 pm Support Us

Non-Delegation Challenge to Sex Offender Statutes Faces Uphill Battle at Court

Steven D. Schwinn, John Marshall Law School The Supreme Court heard oral arguments yesterday in Gundy v. United States, the case testing whether the federal Sex Offender Registration and Notification Act delegated too much authority to the Attorney General to… Full Story Here Law Professor October 3, 2018 3:29 pm Support Us

Court to Consider Death Penalty for Condemned Prisoner who Can’t Remember Crime

Steven D. Schwinn, John Marshall Law School The Supreme Court will hear oral arguments tomorrow in Madison v. State of Alabama, the case testing whether the Eighth Amendment prohibits a state from executing a person whose medical condition prevents him… Full Story Here Law Professor October 1, 2018 11:28 pm Support Us