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Justices grant new cases, send Indiana abortion cases back for a new look

This morning the Supreme Court issued orders from the justices’ private conference yesterday. The justices granted five new cases, for a total of four additional hours of argument. The biggest news from the order list was the announcement (which I covered in a separate post) that the court will weigh in on whether the Department of Justice must disclose secret materials from Special Counsel Robert Mueller’s investigation to the House Judiciary Committee. The remaining new cases, which are likely...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Germany, Nazis, Berlin, City, Indiana, Hungary, United States, Mali


Court will take up dispute over secret materials from Mueller report

This morning the Supreme Court issued orders from the justices’ private conference yesterday. The justices added another high-profile case to their docket for the fall, involving a dispute over efforts by members of Congress to obtain secret materials from the investigation by Special Counsel Robert Mueller. Mueller submitted a report last year to Attorney General William Barr on possible Russian interference in the 2016 election, and Barr released a redacted version of that report in April 2019...
Tags: Featured, Supreme Court, Law, Congress, Washington, D C Circuit, Howe, House Judiciary Committee, Mueller, Barr, Cases in the Pipeline, William Barr, Robert Mueller Mueller, Court The post Court


When Biden introduced a bill to make it a crime to burn the American flag.

It was back in 1989, right after the Supreme Court had held that it violated the First Amendment to make it a crime to burn the flag to express a political opinion. Look at the gravity and sincerity (or did I see a smirk?). [WaPo's code to embed the clip did not work, and I haven't found a substitute.]"Symbols are important... We have a symbol, unlike the court’s inability to recognize it, a symbol that is needed to unite this nation, this diverse nation, a symbol is the flag."And if that statut...
Tags: Protest, Supreme Court, Law, Republicans, Congress, Washington, Senate, America, Joe Biden, United States, Biden, Donald Trump, Free Speech, Flags, Trump, Patriotism


Want to Learn More About Section 230? A Guide to My Work

I’ve written a lot on Section 230 over the years. I thought it might be helpful to provide a narrated and highly selective bibliography: The Basics An Overview of the United States’ Section 230 Internet Immunity. This is the one-stop and relatively short primer you’ve been looking for. If you want to save even more time, skip the International comparisons. Why Section 230 Is Better Than the First Amendment. This relatively short essay explains the interaction between Section 230 and the First ...
Tags: Google, Law, Congress, United States, Usc, Mathew Ingram, Content Regulation, Derivative Liability, Value of Consumer Review Websites, FOSTA, Ken Zeran


Spotlighting our unique times as feds seek to resume execution this month

The New York Times has this article detailing that the first planned executions in nearly two decades are coming at quite a time. The piece is fully headlined "Federal Executions to Resume Amid a Pandemic and Protests: The administration is pressing ahead with the first federal execution in 17 years as demonstrators seek changes to the criminal justice system and lawyers have trouble visiting death-row clients."  Here are excerpts (with one line emphasized for commentary): Daniel Lewis Lee is s...
Tags: Florida, Texas, Law, Congress, Washington, White House, Indiana, Arkansas, Tennessee, New York Times, Bill Clinton, George Bush, Biden, Washington State, Justice Department, Trump


Relists Return

John Elwood reviews Monday’s relists. After a couple of weeks with no new relists, the Supreme Court is back this week with a vengeance. The court has scheduled an impromptu conference for Wednesday, July 1. In most years, an impromptu conference scheduled for the last week of June would be the mop-up conference for the entire term in which all outstanding business for the term is resolved. But the court still has enough outstanding opinions in argued cases that things may continue for a while y...
Tags: Florida, Texas, Featured, Supreme Court, Law, Congress, Colorado, Kentucky, Germany, Virginia, Hungary, United States, Williams, Tennessee, Sharp, Atkins


Tuesday round-up

Yesterday the Supreme Court released decisions in three cases, including one of the highest-profile cases of the term. In June Medical Services v. Russo, the court, by a vote of 5-4, struck down a Louisiana law requiring physicians who perform abortions to have admitting privileges at a local hospital. Amy Howe analyzes the opinion for this blog, in a post that first appeared at Howe on the Court. Mariam Marshedi provides an analysis at Subscript Law. Ronn Blitzer and others report at Fox News t...
Tags: Health, Texas, Supreme Court, Law, Congress, Washington Post, Mexico, Court, US, Bloomberg, Cnn, New York Times, Fox News, Npr, Louisiana, Wall Street Journal


"Judicial Authority under the First Step Act What Congress Conferred through Section 404"

The title of this post is the title of this notable new article authored by Sarah Ryan now available via SSRN. Here is its abstract: The First Step Act of 2018 promised relief to inmates serving disproportionately long sentences for cocaine base distribution. Section 404, the focus of this article, seemed straight-forward.  But in the spring and summer of 2019, district judges began reviewing § 404 cases and reaching dissonant results.  Appeals followed, focused on four questions of judicial au...
Tags: Law, Congress, Douglas A Berman, Judicial Authority, Sarah Ryan


Symposium: June Medical decision is no cause for congressional complacency

Richard Blumenthal is the senior United States senator from Connecticut. He joined an amicus brief on behalf of 197 members of Congress in support of the petitioners in June Medical Services v. Russo. He is the Senate lead sponsor of the Women’s Health Protection Act. Today’s Supreme Court decision in June Medical Services v. Russo is a landmark legal victory against radical politicians relentlessly attacking reproductive rights cross the country. Roe v. Wade is safe—for now. This ruling is an i...
Tags: Texas, Featured, Supreme Court, Law, Congress, Senate, United States, Connecticut, Louisiana, Donald Trump, Richard Blumenthal, John Roberts, Baton Rouge, U S Court of Appeals, Stephen Breyer, Breyer


Opinion analysis: Court strikes down restrictions on removal of CFPB director but leaves bureau in place

In response to the 2008 financial crisis, Congress created the Consumer Financial Protection Bureau, a federal agency with approximately 1,500 employees that tackles everything from payday loans to financial literacy programs and helping consumers navigate the COVID-19 pandemic. The director of the CFPB, Kathy Kraninger, was appointed by President Donald Trump and confirmed by the Senate in December 2018 to serve a five-year term. Under the law that created the CFPB, Kraninger can be removed fro...
Tags: Featured, Supreme Court, Law, Congress, California, Senate, United States, Social Security Administration, Donald Trump, Paul Clement, Federal Trade Commission, Securities And Exchange Commission, Thomas, Sonia Sotomayor, John Roberts, 9th Circuit


Opinion analysis: Justices uphold condition for HIV/AIDS funding

Seven years ago, the Supreme Court ruled that nongovernmental organizations based in the United States cannot be required to have a policy that expressly opposes prostitution and sex trafficking in order to receive government funds to fight HIV/AIDS. However, by a vote of 5-3, the court held today in U.S. Agency for International Development v. Alliance for Open Society International that enforcement of a similar requirement against the foreign affiliates of the same U.S.-based NGOs does not vio...
Tags: Featured, Supreme Court, Law, Congress, Cnn, United States, Thomas, Sonia Sotomayor, U S Agency for International Development, Howe, U S Court of Appeals, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas, Kavanaugh


A Review of the “Final” CCPA Regulations from the CA Attorney General

On June 2, the California Attorney General’s office (the DOJ) released hundreds of pages of new material about its CCPA regulations, including 11,000+ words of its “final” regulations and a 59 page “final statement of reasons” purportedly explaining the DOJ’s thinking. This blog post recaps the regulations. Timeline for Development of the CCPA Regulations June 28, 2018: California enacted the CCPA. The law was initially scheduled to take effect January 1, 2020. January to March 2019: the DOJ he...
Tags: Law, Congress, California, Ada, Doj, Usc, Privacy/security, Eric Goldman, Newsom, CCPA, OAL, Office of Administrative Law OAL, Senate Judiciary Committee Hearing, California Assembly Hearing


My Interview With Mathew Ingram Regarding Section 230

[Note: I did this interview with Mathew Ingram in late February–before the recent flood of new anti-Section 230 activity in DC that I still need to blog. I had always planned to share it here, but the issue got backburnered as the pandemic killed 120k+ Americans and shut down our country. I’m sharing it now because so many people in DC are now prioritizing the destruction of Section 230 over addressing the many other devastating problems in our country.] Ingram: …Eric, could you start by giving...
Tags: Google, Facebook, Law, Congress, Nsa, Russia, Disney, Ibm, Homeland Security, Nancy Pelosi, Goldman, 21st Century Fox, Oracle, Cornell, Ugc, Ftc


Is Prez Trump trying to convince himself to have the guts to pardon Roger Stone?

The question in the title of this post was my first thought upon seeing this news piece headlined "Trump tweet fuels speculation of Stone pardon: The tweet came after a judge ruled Stone would report to prison in July."  Here are the details: President Donald Trump further fueled speculation Saturday morning that he plans to pardon longtime friend and adviser Roger Stone. After a judge on Friday gave Stone a surrender date of July 14 -- he had sought to report to the Georgia prison on Sept. 3 -...
Tags: Law, Congress, Georgia, Donald Trump, Doj, Trump, Roger Stone, Roger, Stone, Rod Blagojevich, Douglas A Berman, Prez Trump, Will Prez Trump


"Just because he was anti-slavery doesn’t mean he was pro-Black" — UW-Madison students demanding the beloved Lincoln statue be extracted from its place of honor in the center of campus.

I'm reading the news report at Channel 3000 with near disbelief. This is not like the Lincoln statue in Washington D.C. that's been deemed problematic because he's looming over the figure of a slave like he's such a big shot "Emancipator."This is a lone, seated figure that has presided over Bascom Mall for decades and is inscribed on the hearts of those who have spent time — as I did for more than 30 years — at Wisconsin's beautiful university. I've taken many photographs of the statue, but I'll...
Tags: Photography, Law, Congress, Washington, Empathy, Sculpture, Protests, Slavery, Wisconsin, Lincoln, University Of Wisconsin, UW Madison, Rebecca Blank, Race And Education, Ann Althouse, McWhorter


Opinion analysis: Court confirms limitations on federal review for asylum seekers

In a 7-2 decision, the Supreme Court in Department of Homeland Security v. Thuraissigiam upheld a scheme of limited and narrow judicial review over expedited removal, a bare-bones administrative process created under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. Expedited removal allows an immigration official to make the immediate decision to deport a person without a hearing if the person is apprehended within 100 miles of a border and if they cannot prove they have liv...
Tags: Featured, Guantanamo Bay, Supreme Court, Law, Congress, Court, Afghanistan, United States, Cuba, Ruth Bader Ginsburg, Sri Lanka, Executive Branch, Thomas, Sonia Sotomayor, 9th Circuit, Alito


Will this Limit on Patent Term Extension Drive a Rewriting of Hatch-Waxman?

The court today denied two en banc petitions: Biogen International GmbH v. Banner Life Sciences LLC, 20-1373 (Fed. Cir. 2020) The law allows for a limited extension of patent term based upon regulatory delays – such as FDA delay in approving a drug for sale.  The statute is unfortunately complex and poorly written. 35 U.S.C. 156. In this case, Biogen received a patent term extension for its Patent US7619001 associated with using the drug Tecfidera (MS treatment). By the time of the litigation, t...
Tags: Law, Congress, Fda, Patent, Fed, Hatch Waxman, Biogen, Federal Circuit, IPR, Kevin Noonan, Dish Network LLC, Biogen International GmbH, Banner Life Sciences LLC, Dragon Intellectual Property


Roger Stone's past sentencing and coming prison time making headlines

I am not sure which of these stories surprises me less: From ABC News, "Citing coronavirus fears, Roger Stone files motion to delay reporting to Georgia prison" A week before President Donald Trump's longtime friend and adviser Roger Stone was scheduled to turn himself in to federal prison in Georgia to begin his more than three-year sentence, his lawyers filed a motion seeking to delay his surrender, citing the deadly risk posed by the coronavirus outbreak. “This motion is based on the excepti...
Tags: Law, Congress, Washington, Georgia, Donald Trump, Justice Department, Trump, Roger Stone, House Judiciary Committee, Bureau of Prisons, Douglas A Berman, Amy Berman Jackson, AARON ZELINSKY


Reviewing the Americans With Disabilities Act’s Application to Websites–Martinez v. SDCCU

Following the Ninth Circuit’s Robles v. Domino’s opinion, we’ve entered a period of relative clarity about when websites constitute “places of public accommodation” for purposes of the Americans With Disabilities Act (ADA). A recent court opinion, over a financial institution’s website that allegedly doesn’t work with screen readers used by blind customers, helpfully summarizes where we are at. The court’s bottom line: Although the courts have not yet articulated a single clear standard on this ...
Tags: Law, Congress, E-commerce, Noah, Netflix, Harvard, Missouri, Aol, Credit Union, Ada, Doj, Young, Domino, Martinez, Robles, California Court of Appeal


Senators Durbin and Grassley introduce new bill to make modest, but still important, reforms to federal elderly home release and compassionate release

As reported in this new press release, "U.S. Senators Dick Durbin (D-IL) and Chuck Grassley (R-IA), authors of the bipartisan First Step Act, landmark criminal justice reform legislation, introduced new, bipartisan legislation to reform the Elderly Home Detention Pilot Program and compassionate release from federal prisons. "  The release provides some notable contextual data and well some details of the bill's particulars: Sadly, more than 80 federal prisoners with pre-existing medical conditi...
Tags: Law, Congress, Senate, House, Chuck Grassley, Bill, Department Of Justice, Grassley, Federal Bureau of Prisons BOP, Durbin, Douglas A Berman, Dick Durbin D IL, Elderly Home Detention Pilot Program, Tzedek Association


Clean water is a human right. In America it’s more a profit machine | Bernie Sanders and Brenda Lawrence

When it comes to water infrastructure, America’s challenges resemble those of a developing country. It’s time for that to changeHow can it be that in the midst of a pandemic, children living in the richest country in world history are being poisoned by tap water? For decades, our government has put corporate profits ahead of guaranteeing its people the right to clean water. We have neglected the most basic public investments to keep Americans healthy and safe. Now, as America battles an unpreced...
Tags: Congress, Environment, America, Water, Society, Poverty, US politics, Social exclusion, Bernie Sanders, Brenda Lawrence


Now, more than ever, America must make water a human right | Bernie Sanders and Brenda Lawrence

When it comes to water infrastructure, America’s challenges resemble those of a developing country. It’s time for that to changeHow can it be that in the midst of a pandemic, children living in the richest country in world history are being poisoned by tap water? For decades, our government has put corporate profits ahead of guaranteeing its people the right to clean water. We have neglected the most basic public investments to keep Americans healthy and safe. Now, as America battles an unpreced...
Tags: Congress, Environment, America, Water, Society, Poverty, US politics, Social exclusion, Bernie Sanders, Brenda Lawrence, Ro Khanna


No new grants on today’s order list

One week after finally denying review in a large batch of cases asking them to weigh in on issues relating to qualified immunity for police officers and the rights of gun owners, this morning the justices issued a relatively quiet list of orders from their private conference last week. The justices did not add any new cases to their merits docket for next term, nor did they ask for the federal government’s views in any cases. The justices denied review in Kansas v. Boettger, the only case that...
Tags: Facebook, Featured, Supreme Court, Law, Congress, Fbi, Pennsylvania, Kansas, Trump, Howe, Clarence Thomas, United States the Supreme Court, Anthony Elonis, Elonis, Cases in the Pipeline, American Institute for International Steel


President Trump Loves Section 230 for Himself, Just Not for Anyone Else (Guest Blog Post)

by guest blogger Jess Miers [Eric’s introduction: this is the second of a two-part series from Jess Miers, a 3L at SCU and my RA, providing historical context on Trump’s anti-social media statements, including the anti-Section 230 Executive Order from last month. See the first part.] Trump depends heavily on Twitter, and Twitter depends heavily on Section 230. Yet, Trump routinely and ironically disparages Section 230 on his Twitter account (as seen here , here , and, bizarrely, as 230 d...
Tags: Twitter, Law, Congress, Russia, Dnc, United States, Watson, Wikileaks, Barry, Russian Federation, Zuckerberg, Trump, John Barry, Eric, Donald Trump Trump, Donald J Trump


Symposium: Potential hardships to DREAMers can no longer be ignored

Craig Newby and Jeffrey Conner are deputy solicitors general for the State of Nevada, which filed an amicus brief on behalf of five states in support of the respondents in University of Department of Homeland Security v. Regents of the University of California, Trump v. NAACP and Wolf v. Vidal. Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military? Really! — President Donald Trump, September 14, 2017 In Department of Homela...
Tags: Featured, Supreme Court, Law, Congress, America, Dhs, United States, Nevada, Naacp, Donald Trump, Department Of Homeland Security, Trump, Wolf, Deferred Action for Childhood Arrivals DACA, Rio Grande, Silva


Symposium: DACA and the need for symmetrical legal principles

Zachary Price is a professor of law at UC Hastings Law in San Francisco. In its decision in Department of Homeland Security v. Regents of the University of California barring repeal of the Deferred Action for Childhood Arrivals program, known as DACA, the Supreme Court reached an attractive result through flawed legal reasoning. The decision may carry implications that progressives will regret, but it is hard to tell because Chief Justice John Roberts’ opinion seems deliberately designed for one...
Tags: Featured, Supreme Court, Law, Obama, Congress, San Francisco, Dhs, United States, Department Of Homeland Security, University Of California, American Legion, Trump, John Roberts, Stephen Breyer, Deferred Action for Childhood Arrivals, Regents


Symposium: SCOTUS 2020 and the DACA decision: just another reason to wish it were still 2019

Kimberly Hermann is General Counsel at Southeastern Legal Foundation, which filed an amicus brief in support of the petitioner in Department of Homeland Security v. Regents of the University of California. The date is June 19, 2020. The America we live in today is drastically different from the America we lived in when the clock struck midnight on New Year’s Eve. In the past six months, our country has endured a pandemic, economic instability, tragedy, hard yet overdue conversations and riots. I...
Tags: Featured, Supreme Court, Law, Obama, Congress, America, Barack Obama, Dhs, Pandora, United States, Ronald Reagan, Donald Trump, Department Of Homeland Security, Environmental Protection Agency, University Of California, Duke


Symposium: As administration weighs next steps, it must consider that millions of American patients rely on DACA health care workers

Heather Alarcon is Senior Director of Legal Services at the Association of American Medical Colleges, which joined an amicus brief in support of the respondents in Department of Homeland Security v. Regents of the University of California. The Supreme Court’s 5-4 decision vacating the rescission of the Deferred Action for Childhood Arrivals program is a victory for health care workers and their patients across the country. Every day that DACA recipients are here is to our mutual benefit. The ent...
Tags: Featured, Supreme Court, Law, Congress, California, Boston, America, San Francisco, Chicago, Arkansas, New Jersey, Houston, St Louis, Donald Trump, Berkeley, Department Of Homeland Security


Symposium: DACA déjà vu

Nicholas Bronni is the solicitor general for the state of Arkansas, which joined an amicus brief in support of the federal government in Department of Homeland Security v. Regents of the University of California. Yesterday, the Supreme Court concluded that Acting Secretary of Homeland Security Elaine Duke acted arbitrarily and capriciously when she rescinded the Obama administration’s memorandum creating the Deferred Action for Childhood Arrivals program. But although that decision is important,...
Tags: New York, Featured, Law, Obama, Congress, Court, Barack Obama, Arkansas, Nielsen, Department Of Homeland Security, Executive Branch, State Farm, Trump, Thomas, John Roberts, Roberts


Notable new talk of (badly needed) new nominees for the US Sentencing Commission

The US Sentencing Commission has lacked a full slate of Commissioners for the entirety of Trump Administration. With only two (of seven) Commissioners in place since the start of 2019, the USSC has lacked a quorum and thus cannot complete any formal work (including a lot of work that should and needs to be done in response the the FIRST STEP Act).  Part of the problem, as I have covered in this space, was that at least one of the four nominees that Prez Trump put forward back in March 2018 was o...
Tags: Supreme Court, Law, Congress, Washington Post, Kentucky, Senate, White House, US, Barack Obama, Reagan, Commission, Mitch McConnell, Miami, Capitol Hill, Npr, Hudson



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