Ninth Circuit Rules No-Fly Challenger’s Case Not Moot

Steven D. Schwinn, John Marshall Law School The Ninth Circuit ruled in Fikre v. FBI that the plaintiff’s due process challenges to his inclusion on the government’s no-fly list were not moot, even though the government took him off the… Full Story Here Law Professor September 20, 2018 11:28 pm Support Us

Daily Read: Some Women Legal Scholars on the First Amendment

Over at "First Amendment News" (FAN) by Ron Collins, a symposium of 15 women scholars on the current state of the First Amendment. In her forward, Kellye Testy comments on the "relative lack of women’s visibility in First Amendment jurisprudence,"… Full Story Here Law Professor September 20, 2018 3:30 pm Support Us

Service Members Continue Helping Puerto Rico after Hurricane Maria

Hurricane Maria hit the island of Puerto Rico in September 2017, causing significant damage and devastation throughout the country. After the storm, more than 11,000 airmen, soldiers, sailors and Marines from units around the United States mobilized to help the American territory. Full Story Here Defense.gov September 20, 2018 2:11 pm Support Us

Should Chevron Be Overturned?

This episode, recorded live in New York City at the Federal Bar Association’s 2018 annual convention, features a debate of the following question: “Should Chevron Be Overturned?” The 1984 Supreme Court decision Chevron v. Natural Resources Defense Council established a judicial doctrine of deference to certain administrative agency actions commonly known as “Chevron deference.” As… Read More

Airman Practices Humanitarianism on the Home Front

With sounds of power drills, hammers and coordinated shouts flying through the air, a 27-year-old Air Force senior airman is helping to build homes for Habitat for Humanity in Washington. Full Story Here Defense.gov September 20, 2018 11:26 am Support Us

Court Declines Stay in Crossroads Campaign Finance Disclosure Case

Steven D. Schwinn, John Marshall Law School The Supreme Court yesterday declined to stay a lower court ruling that struck an FEC reg that created a disclosure loophole for 501(c)(4) organizations. We posted on the district court ruling, CREW v…. Full Story Here Law Professor September 19, 2018 11:28 pm Support Us

Southcom Lends Helping Hand Through Humanitarian Assistance Programs

By leveraging the combined capabilities of U.S. government agencies, partner-nation military and civilian counterparts, and international organizations, U.S. Southern Command’s humanitarian assistance program enables local governments to strengthen regional security and stability. Full Story Here Defense.gov September 19, 2018 5:11 pm Support Us

Time is Now to Execute National Defense Strategy, Shanahan Says

The National Defense Strategy unveiled earlier this year has had time to percolate through the force, and now it is time to execute it, the deputy secretary of defense said at the annual Air Force Association meeting. Full Story Here Defense.gov September 19, 2018 4:11 pm Support Us

Task Force Looks at Making Infantry Squads More Lethal

The Close Combat Lethality Task Force is gathering information from the services, industry and allies before making recommendations to Defense Secretary James N. Mattis, the senior Army enlisted representative to the task force said. Full Story Here Defense.gov September 19, 2018 12:26 pm Support Us

USS Harry S. Truman Carrier Strike Group Begins Operations in U.S. 6th Fleet

The Harry S. Truman Carrier Strike Group has commenced operations in the U.S. 6th Fleet area of operations to continue support to NATO allies, European and African partner nations, coalition partners, and U.S. national security interest in Europe and Africa. Full Story Here Defense.gov September 19, 2018 10:11 am Support Us

Face of Defense: Soldier Leads Way in Special Recruiter Assistance Program

Army Sgt. Tyler Martin, a chemical, biological, radiological and nuclear noncommissioned officer with the 24th Composite Transportation Company, was among the first wave of soldiers to participate in a Defense Department initiative — the Special Recruiter Assistance Program. Full Story Here Defense.gov September 19, 2018 7:56 am Support Us

Mattis, Philippine Counterpart Discuss Defense Relationship

Defense Secretary James N. Mattis and Philippine Defense Secretary Delfin Lorenzana met at the Pentagon to discuss the longstanding defense relationship between their nations. Full Story Here Defense.gov September 19, 2018 6:56 am Support Us

Daily Listen: The 27 Amendments

In need of a new playlist — something constitutional perhaps? Try "27: The Most Perfect Album" available from WNYC Radiolab here. A bit of text about each of the amendments, but the treasure is the linked songs. For example, the… Full Story Here Law Professor September 18, 2018 3:29 pm Support Us

Coalition Effort Aims at Stability in Iraq, Syria

The coalition continues to help forces in both Iraq and Syria establish security and stability in areas that have known nothing but oppression since the Islamic State of Iraq and Syria reared its head five years ago, the spokesman for Operation Inherent Resolve said. Full Story Here Defense.gov September 18, 2018 1:12 pm Support Us

New Biodefense Strategy Combats Man-Made, Natural Threats

The new National Biodefense Strategy is a living document designed to counter man-made and natural biological threats, National Security Advisor John Bolton said during a White House briefing. Full Story Here Defense.gov September 18, 2018 11:41 am Support Us

Defense Intel Chief Puts Great Power Competition in Context

People told the director of the Defense Intelligence Agency that in his speech to the Center for Strategic and International Studies he should just say “Great power competition, artificial intelligence” and then drop the mic and walk off. Full Story Here Defense.gov September 18, 2018 9:56 am Support Us

Coalition Soldiers Train Iraqi Mortar Troops

Mortar instructors from the U.S., Australia and New Zealand trained Iraqi troops on the use of their new M120 mortar systems. Full Story Here Defense.gov September 18, 2018 7:56 am Support Us

Kentucky Air Guard Deploys Search and Recovery Team Following Hurricane Florence

At the request of North Carolina public health officials and to augment the North Carolina Medical Examiner, the Kentucky Air National Guard’s 123rd Fatality Search and Recovery Team has deployed 11 members to North Carolina in the wake of Hurricane Florence. Full Story Here Defense.gov September 18, 2018 7:26 am Support Us

Face of Defense: Marines Enjoy Duty as Military Police Working Dog Handlers

Military occupational specialties are the foundation of the Marine Corps. Each MOS is a cog, working with and relying on the others to keep the fighting machine that is the Marine Corps running. Military working dog handlers are one such cog. Full Story Here Defense.gov September 18, 2018 7:11 am Support Us

Mattis Praises Macedonia as ‘Stabilizing Force’

Defense Secretary James N. Mattis praised Macedonian Prime Minister Zoran Zaev, saying the country is a “stabilizing force” in the Balkans, during a visit to the nation. Full Story Here Defense.gov September 17, 2018 1:11 pm Support Us

Coalition Strikes Continue Against ISIS Targets in Iraq, Syria

Combined Joint Task Force Operation Inherent Resolve and its partners continue to pursue the lasting defeat of the Islamic State of Iraq and Syria in designated parts of Syria and Iraq, military officials reported. Full Story Here Defense.gov September 17, 2018 10:26 am Support Us

Medics Test Mental, Physical Endurance

Military and medical knowledge will be the proving ground for about 16 teams of soldiers competing in this year’s Army Best Medic Competition. Full Story Here Defense.gov September 17, 2018 8:41 am Support Us

National Guard Answers the Call for Hurricane Florence

National Guard members have flowed in from at least 28 states to help North and South Carolina units support civil authorities as Hurricane Florence, now a tropical storm, lingers over the Carolinas. Full Story Here Defense.gov September 17, 2018 7:56 am Support Us

Northern Command Provides DoD Hurricane Support Update

U.S. Northern Command provided an update as to the Defense Department support to Federal Emergency Management Agency along with state and local responders in the wake of Hurricane Florence’s landfall. Full Story Here Defense.gov September 16, 2018 8:11 am Support Us

NATO Chief Lists Benefits of Alliance to United States

The North Atlantic Treaty Organization is as important to the United States as it is to Europe, NATO Secretary General Jens Stoltenberg said at the Heritage Foundation in Washington. Full Story Here Defense.gov September 15, 2018 8:56 am Support Us

Northern Command Actively Supporting FEMA Hurricane Efforts

U.S. Northern Command, the National Guard and military services are actively supporting Federal Emergency Management Agency along with state and local responders in the wake of Hurricane Florence’s landfall. Full Story Here Defense.gov September 15, 2018 7:56 am Support Us

Dunford Trip Aimed at Maintaining, Growing Alliances

Marine Corps Gen. Joe Dunford’s recent trip around the world illustrated how maintaining and building alliances is one of the tenets of the National Defense Strategy. Full Story Here Defense.gov September 14, 2018 1:11 pm Support Us

Navy Assists Typhoon Mangkhut Recovery Efforts in Marianas, Guam

The USS Wasp Expeditionary Strike Group, with embarked 31st Marine Expeditionary Unit, are providing air assistance to the Federal Emergency Management Agency and local officials in the Northern Mariana Islands and Guam following Typhoon Mangkhut. Full Story Here Defense.gov September 14, 2018 10:41 am Support Us

Senior Enlisted Leaders Discuss Cooperation at Indo-Pacom Conference

Senior enlisted leaders from across the globe came together to discuss strategic leadership and the role of senior enlisted leaders in this complex and dynamic world. Marine Corps Sgt. Maj. Anthony A. Spadaro, Indo-Pacom’s senior enlisted leader, was the driving force behind the conference. Full Story Here Defense.gov September 14, 2018 9:26 am Support Us

Sixth Circuit Finds Candidate Trump’s Speech Was Not Incitement

Professor Ruthann Robson, City University of New York (CUNY) School of Law In its opinion in Nwanguma v. Trump, a panel of the Sixth Circuit ruled that the complaint against Donald Trump and his campaign for damages based on "inciting… Full Story Here Law Professor September 11, 2018 3:30 pm Support Us

Check it Out: Serwer on the Court’s Return to the 19th Century

Check out Adam Serwer’s piece in The Atlantic, The Supreme Court is Headed Back to the 19th Century. Here’s a taste: The conservative majority on the Supreme Court today is similarly blinded [like the Court in the late 19th century]… Full Story Here Law Professor September 10, 2018 3:30 pm Support Us

Texas Federal Judge Rules Texas Fetal Remains Law Unconstitutional

Professor Ruthann Robson, City University of New York (CUNY) School of Law In an extensive opinion in Whole Woman’s Health v. Smith, District Judge David Alan Ezra ruled that Texas statute and regulations requiring internment (or cremation) for "embryonic and… Full Story Here Law Professor September 5, 2018 3:29 pm Support Us

Daily Read: Report on the Civil Rights Record of Kavanaugh by NAACP LDF

In its Report entitled The Civil Rights Record of Judge Brett Kavanaugh, the Legal Defense and Education Fund, Inc. of the NAACP supports its opposition to the confirmation of Judge Kavanaugh to the United States Supreme Court. At just shy… Full Story Here Law Professor September 4, 2018 7:26 am Support Us

ACS Call for Papers: Junior Scholars Public Law Workshop at the AALS

The American Constitution Society is calling for papers for its Junior Scholars Public Law Workshop at the 2019 AALS Conference. The official call for papers is here; here are the details: The American Constitution Society is pleased to announce a… Full Story Here Law Professor August 28, 2018 11:28 pm Support Us

Three Judge Court Invalidates North Carolina Redistricting Plan Redux

Professor Ruthann Robson, City University of New York (CUNY) School of Law In an extensive opinion, a three judge court in Common Cause v. Rucho (& League of Women Voters v. Rucho) held that North Carolina’s 2016 redistricting plan was… Full Story Here Law Professor August 27, 2018 11:28 pm Support Us

District Court Says Trump EOs Violate Federal Labor Law

Steven D. Schwinn, John Marshall Law School Judge Ketanji Brown Jackson (D.D.C.) ruled yesterday in American Federation of Government Employees v. Trump that President Trump’s executive orders sharply curtailing federal employees’ collective bargaining and labor rights violate federal labor law…. Full Story Here Law Professor August 26, 2018 3:29 pm Support Us

Check it Out: Zengerle on How Trump is Remaking the Courts

Check out Jason Zengerle’s feature in the NYT Magazine, How the Trump Administration is Remaking the Courts. Zengerle examines how President Trump, with the help (or "ruthless discipline") of Senate Republicans, is shaping the courts. And how he’s doing this… Full Story Here Law Professor August 25, 2018 3:28 pm Support Us

Check it Out: Bazelon on a Right-Lurching Court

Check out Emily Bazelon’s piece in the NYT Magazine, When the Supreme Court Lurches Right: What happens when the Supreme Court becomes significantly more conservative than the public? Bazelon traces the history of politics and the Court, and writes, Maybe… Full Story Here Law Professor August 25, 2018 3:28 pm Support Us

Seventh Circuit Rejects Procedural Due Process Claim for Denial of SORA

Professor Ruthann Robson, City University of New York (CUNY) School of Law The Seventh Circuit’s opinion in Beley v. City of Chicago finds no constitutional violation when the City of Chicago refuses to register sex offenders in certain circumstances (such… Full Story Here Law Professor August 24, 2018 11:28 pm Support Us

Check it Out: Former OLCers on Kavanaugh and Presidential Power

Check out these letters to Senators Grassley and Feinstein, here and here, by former attorneys in the Office of Legal Counsel on Judge Kavanaugh’s views on presidential authority. The letters take on a new significance this week, as events draw… Full Story Here Law Professor August 23, 2018 3:29 pm Support Us

Fifth Circuit Rebuffs Faculty Challenge to Campus Concealed Carry Law

Steven D. Schwinn, John Marshall Law School The Fifth Circuit last week rejected a challenge by faculty to a Texas law that allows concealed carry in public university classrooms. The ruling ends the challenge, and upholds the state Campus Carry… Full Story Here Law Professor August 22, 2018 11:29 pm Support Us

Check it Out: Driver on Public Education, Con Law, and the American Mind

Check out Justin Driver’s (U. Chicago) expansive, meticulous, and engrossing new book, The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind. The title speaks for itself, but here’s from the intro: At its core,… Full Story Here Law Professor August 22, 2018 11:29 pm Support Us

National Archives Explains What’s Up with Kavanaugh’s Records

Steven D. Schwinn, John Marshall Law School The National Archives and Records Administration this week issued a backgrounder and update on the dispute over Judge Kavanaugh’s records, with links to congressional requests and NARA responses. The statement comes at a… Full Story Here Law Professor August 18, 2018 3:30 pm Support Us

Daily Read: Nineteenth Amendment

It is the 98th anniversary of the right to vote for United States women. Tennessee became the necessary 36th state to ratify the Nineteenth Amendment on August 18, 1920. The right of citizens of the United States to vote shall… Full Story Here Law Professor August 18, 2018 3:30 pm Support Us

D.C. Circuit Remands Metro’s Ad Restriction for Reasonableness Determination

Steven D. Schwinn, John Marshall Law School The D.C. Circuit ruled in American Freedom Defense Initiative v. WMATA that the D.C. Metro’s restriction on certain advertisements was a view-point neutral regulation in a nonpublic forum. But the court nevertheless remanded… Full Story Here Law Professor August 18, 2018 3:30 pm Support Us

Daily Read: United States Senate Supports Free Press

Senate Resolution 607 , introduced by Senators Brian Schatz and Chuck Schumer, and affirmed unanimously, provides: Whereas the First Amendment to the Constitution of the United States protects the press from government control and suppression; Whereas the freedom of the… Full Story Here Law Professor August 16, 2018 3:30 pm Support Us