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Wednesday round-up

Today the Supreme Court hears its last two oral arguments of the term. First on the agenda is Quarles v. United States, which asks when a defendant must have formed the intent required to commit burglary for purposes of a “violent felony” under the Armed Career Criminal Act. Rory Little previewed the case for this blog. Matt Farnum and Trevor O’Bryan have a preview at Cornell Law School’s Legal Information Institute. Today’s second argument is in Taggart v. Lorenzen, in which the justices will c...
Tags: Round-up

A “view” from the courtroom: Counting to five

Today is the oral argument in one of the term’s biggest cases, Department of Commerce v. New York, about the Trump administration’s efforts to add a citizenship question to the 2020 census. It is also a rare day for afternoon arguments, and rarer still because there will be two of those. Solicitor General Noel G. Francisco at lectern (Art Lien) When the court squeezed the census case into its already announced April calendar, it made the wise decision to push the two cases that were originall...
Tags: New York, Featured, Supreme Court, Law, Congress, United States, Commerce, House, House Of Representatives, United Nations, Wisconsin, Un, Francisco, Mitchell, Trump, Sonia Sotomayor

Argument analysis: Justices debate warrantless blood draw for unconscious drunk driver

Under Wisconsin law, anyone who drives on the state’s roads is assumed to have consented to have his blood tested for alcohol and drugs. The state’s laws also assume that a driver who is unconscious has not withdrawn that consent. Today – in a rare afternoon session – the Supreme Court heard oral argument in a challenge to the constitutionality of the provision allowing a blood test of an unconscious driver without a warrant. After an hour of debate, it wasn’t entirely clear how the justices mig...
Tags: Featured, Supreme Court, Law, Wisconsin, Ruth Bader Ginsburg, Mitchell, John Roberts, Roberts, Howe, Ginsburg, Department of Motor Vehicles, Alito, Stephen Breyer, Breyer, Elena Kagan, Kagan

Argument transcripts

The transcript of oral argument in Mitchell v. Wisconsin is available on the Supreme Court’s website; the transcript in Rehaif v. United States is also available. The post Argument transcripts appeared first on SCOTUSblog.
Tags: Supreme Court, Law, United States, Wisconsin, Mitchell, Merits Cases, Rehaif

No new criminal law cert grants, but still possibilities for a notable SCOTUS week ahead

The Supreme Court granted cert on some notable cases via this order list list morning, the most notable involving questions of how federal employment discrimination laws apply to LGBT employees.  But, for the second Monday in a row, there is little of interest on this list for those of us who obsess over (just) criminal law matters.  However, all is not lost for the week as the Court has on tap for oral argument three criminal justice cases over the next two days.  Via SCOTUSblog: On Tuesday, t...
Tags: Supreme Court, Law, Court, US, United States, Wisconsin, Mitchell, Quarles, Gundy, Douglas A Berman, Rehaif

Argument preview: Justices to weigh constitutionality of state law allowing blood test of unconscious drivers without a warrant

In 2013, police officers found Gerald Mitchell wet, shirtless and covered in sand on a beach in Sheboygan, Wisconsin. Mitchell was slurring his words, and he told police that he had parked his car nearby “because he felt he was too drunk to drive.” After a preliminary breath test – the results of which are not admissible in court – revealed that Mitchell’s blood-alcohol level was three times the legal limit, police arrested Mitchell, first taking him to the police station. But he was so drunk t...
Tags: Featured, Supreme Court, Law, Colorado, California, Court, Wisconsin, Mitchell, Riley, The Supreme Court, Howe, Sheboygan, Merits Cases, Birchfield, North Dakota The Supreme Court, Gerald Mitchell

“Unconscious People Can’t Consent to Police Searches”

Police officers in Wisconsin “drew Gerald Mitchell’s blood while he was unconscious—to test his blood alcohol content after a drunk-driving arrest. The state has attempted to excuse the officers by citing an implied-consent statute, which provides that simply driving on state roads constitutes consent to such searches.” Although the right to privacy are not absolute, there are problems with that approach, made worse by a strange Wisconsin Supreme Court opinion extending to highway searches a Fou...
Tags: Supreme Court, Privacy, Law, Uncategorized, Wisconsin, Mitchell, Fourth Amendment, Wisconsin Supreme Court, Ilya Shapiro, Patrick Moran, Gerald Mitchell

Thursday round-up

Briefly: At Verdict, Sherry Colb discusses Mitchell v. Wisconsin, in which the court will decide whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement; she questions the utility of the “implied consent” concept, arguing that the Fourth Amendment analysis would be cleaner without it. In the New York Law Journal (registration required), Jason Grant reports that the Supreme Court has ordered New York to respond to ...
Tags: New York, Supreme Court, Law, New York City, New York Times, Wisconsin, Kennedy, Mitchell, Round-up, John Roberts, Linda Greenhouse, Samuel Alito, Joseph Kennedy, New York Law Journal, Jason Grant, Ginni Thomas

Eight new grants, Ginsburg recovery from surgery “on track”

One day after Politico reported that White House officials were preparing for the possible “death or departure” of Justice Ruth Bader Ginsburg, who had surgery in late December to remove two cancerous growths from her lungs, the Supreme Court announced today that there was no evidence of any other cancer, and that the 85-year-old Ginsburg would not require any further treatment. Ginsburg’s recovery from surgery is “on track,” Supreme Court spokeswoman Kathleen Arberg said in a statement, althoug...
Tags: New York, Featured, Supreme Court, Law, California, White House, Usda, United States, South Dakota, United Arab Emirates, Davis, Wisconsin, Lgbtq, Smith, Ruth Bader Ginsburg, Newton

Supreme Court adds three (little?) criminal cases to its docket

The US Supreme Court this afternoon released this order list in which the Court granted certiorari in eight new cases.  Three of these cases are criminal justice matters, and here are the basics with a big assist from SCOTUSblog: Quarles v. United States, No. 17-778 Issue : Whether Taylor v. United States’ definition of generic burglary requires proof that intent to commit a crime was present at the time of unlawful entry or first unlawful remaining, as two circuits hold; or whether it is enou...
Tags: Supreme Court, Law, Court, United States, Wisconsin, Taylor, US supreme court, Mitchell, Quarles, Douglas A Berman, Rehaif

Relist Watch Returns

John Elwood reviews the first relists of 2019. Happy New Year and welcome back! Most of D.C. started 2019 nice and slow, enjoying offices (and roads) made quiet by vacations, both planned and unexpected. But not the Supremes. They jumped in with both feet, when most of the lawyering class was still finishing off their fruit baskets. On January 4, the court gave plenary review to the Maryland and North Carolina political-gerrymandering cases and set them for expedited briefing so they could be ...
Tags: Florida, Texas, Featured, Maryland, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Virginia, New York City, Freedom, Alabama, Indiana, United States

Donna Alexander created "the 'Anger Room,' a business where rage-filled people of all kinds could smash glass and televisions and computers with baseball bats and tire irons and golf clubs..."

"Nathaniel Mitchell, 34, was indicted in Alexander’s death Tuesday after police say he broke into Alexander’s Dallas home through her bedroom window in the middle of the night and beat her about the head with an unknown object..." WaPo reports.The Anger Room, as it was called, was cluttered with an assortment of furniture, computers and printers, glasses and bottles and dishes. She didn’t allow machetes or knives or ammunition and required everyone to wear safety goggles, a helmet and a jumpsuit...
Tags: New York, Murder, Law, Kentucky, Toronto, Customers, Hillary Clinton, Dallas, Las Vegas, Donald Trump, Emotion, Mitchell, Clinton, Trump, Alexander, WaPo

Symposium: Supreme Court at the crossroads of the establishment clause as it considers a cross

Marci A. Hamilton is Robert A. Fox Professor of Practice and Senior Resident Fellow of the Program for Research on Religion at the University of Pennsylvania. The Supreme Court’s grant of certiorari in The American Legion v. American Humanist Association (along with a companion case brought by the state involving the same facts) is troubling. There was no split in the circuits that required the Supreme Court’s attention and the rulings in both cases were eminently reasonable. In the American Leg...
Tags: Texas, Featured, Supreme Court, Law, Kentucky, United States, Aclu, Circuit, Department Of Justice, Smith, Christ, Hobby Lobby, Lemon, Mitchell, American Legion, Trump

True Crime Author Corey Mitchell, 1967 - 2014, R.I.P.

True crime author Corey Mitchell,47, passed away suddenly in late October. News accounts say he died of a heart attack. Mitchell studied law but did not practice; instead, he wrote seven true crime books, and a few years ago he was the editor of a well regarded if short-lived and now sadly defunct online true crime collaborative. (Read my initial piece on In Cold Blog here).  Mitchell's titles are Evil Eyes, Pure Murder, Dead and Buried, Murdered Innocents, Strangler, and Savage Son, along with ...
Tags: Hollywood, Law, Seattle, Detroit, Mitchell, Watts, Ted Bundy, Corey Mitchell, Laura James, The True Crime Genre, CLEWS, Savage Son, Eugene Watts Evil Eyes

The Agile 99th

Weight was the issue. The B-25B, carrying a full combat load, was just too heavy to takeoff from the deck of the USS Hornet. While the nation was still reeling in the wake of the attack on Pearl Harbor, Gen. Henry “Hap” Arnold, Chief of Staff of the Army Air Force, assigned Lt. Col. James “Jimmy” Doolittle to conduct a bombing mission on Tokyo to disrupt Japanese aggression and momentum and embolden the American public for the task ahead. Enl...
Tags: Japan, China, Raiders, Military, United States, Tokyo, Air Force, Defense Department, Pearl Harbor, Arnold, Mitchell, Ray, U S Air Force, Doolittle, Syed, Army Air Force

The outside prosecutor Rachel Mitchell opines that the evidence would not justify bringing criminal charges and does not even meet a preponderance-of-the-evidence standard.

According to the 5-page memo she sent to the Judiciary Committee Republicans, which WaPo got its hands on. The basis of the opinion is what a lot of Kavanaugh proponents have observed:In the memo, Mitchell argued that Ford has not offered a consistent account of the alleged assault, including when exactly it occurred. Mitchell also noted that Ford did not identify Kavanaugh by name as her attacker in key pieces of evidence, including notes from sessions with her therapist — records that Ford’s l...
Tags: Law, Obama, Senate, Fbi, Ford, Judges, Evidence, Kennedy, Mitchell, Trump, Senate Judiciary Committee, Scalia, WaPo, Kavanaugh, Patrick Smyth, Ann Althouse

Christine Blasey Ford hailed as 'heroic' as she concludes testimony – live updates

Ford says she is ‘100%’ certain Kavanaugh assaulted herThird woman accuses Kavanaugh of sexual misconductSign up for the US morning briefing 7.19pm BST Mitchell ends her questioning by acknowledging that her own method of questioning is not a best practice interview for survivors of sexual assault. “Did you know that the best way to do it is to have a trained interview interview you in a private sense and have you do the talking?” she asks Dr Ford. 7.08pm BST Senator Harris starts her qu...
Tags: Law, US, World news, US news, Fbi, US politics, Ford, US Senate, US Congress, Donald Trump, Sexual Harassment, US supreme court, Mitchell, HARRIS, Kavanaugh, Brett Kavanaugh

6-to-1 Chance GOP Prosecutor Rachel Mitchell Is Actually Merrick Garland In Disguise

Mitch McConnell called Mitchell a 'female assistant,' but she might as well be a double agent, for all she is helping the Republicans.
Tags: Supreme Court, Law, Gop, Courts, Mitch McConnell, Mitchell, Bret Kavanaugh, Rachel Mitchell

Christine Blasey Ford faces questions over Brett Kavanaugh allegations – live updates

Nominee and first accuser go before judiciary committeeThird woman accuses Kavanaugh of sexual misconductSign up for the US morning briefing 4.24pm BST Mitchell continues her line of questioning, this time taking up the five minutes of She asks a few specific questions about the noise levels at the gathering and then asks Dr Ford to recall how she got home on the evening of the alleged incident. Again, her five minutes pass by before the line of questioning is complete. The Republicans have ...
Tags: Law, US, World news, US news, US politics, Ford, US Senate, US Congress, Donald Trump, Sexual Harassment, US supreme court, Mitchell, Kavanaugh, Patrick Leahy, Brett Kavanaugh, Law (US

Thursday round-up

For USA Today, Richard Wolf reports that “Supreme Court nominee Brett Kavanaugh responded to more than 1,000 written questions from dissatisfied Democrats Wednesday by revealing more about his personal finances but little more about his views on the law.” At (subscription or registration required), Marcia Coyle and Tony Mauro highlight some of Kavanaugh’s answers to more than a thousand written questions posed by senators … in the wake of [Kavanaugh’s] confirmation hearing last week.” Addition...
Tags: Supreme Court, Law, Washington Post, Senate, Cnn, Atlantic, Maine, Iowa, Chuck Grassley, Fox News, Associated Press, Republican, Usa Today, George W Bush, Wall Street Journal, Collins

WaPo covers the Wisconsin gubernatorial race and — in its effort to help Democrats — shows the awful problem they have.

There's a primary here tomorrow, and the Republican nominee is not in question. It's the current governor, Scott Walker. What's in play is the Democratic Party nomination, and there are 8 candidates in the race, each struggling for some way to come out on top. WaPo seems to want to cover the primary, but the article is, "Once a rising star, Scott Walker is still looking for his path in Trump’s Republican Party." So Walker is the one with the problem?! It seems to me he's destined to win another ...
Tags: Law, Democrats, Wisconsin, Scott Walker, Republican Party, Mitchell, Trump, Democratic, Democratic Party, Walker, Emily, WaPo, Naral, Marquette Law School, Evers, Tony Evers

Symposium: Janus’ radical rewrite of the First Amendment

Alice O’Brien is general counsel for the National Education Association, which filed an amicus brief in support of the union in Janus v. AFSCME. The Supreme Court’s ruling in Janus v. American Federation of State, County, and Municipal Employees is politics, not law. Today, the Supreme Court cast aside the interests of working people and their families, as well as the management concerns of 21 states, the District of Columbia, leaders of major cities, towns and school districts, and the views of...
Tags: Supreme Court, Law, Barack Obama, United States, Hawaii, Citizens United, District Of Columbia, Kennedy, Mitchell, Trump, McCutcheon, U S Supreme Court, John Roberts, U S Senate, Board of Education, Abood

Court upholds Postal Service's termination of employee over fear of "going postal"

What do you do when you learn that an employee may pose a risk of violence to your workplace? Does your opinion change if you learn this information on the eve of the employee returning from a leave of absence for depression or other mental illness? Mitchell v. U.S. Postal Service (6th Cir. 6/21/18) answers these questions. Kedric Mitchell had a history of taking unpaid leaves of absence from his employment at the U.S. Postal Service for depression. Upon his return to work following his latest...
Tags: Law, Usps, Palmer, Postal Service, Ada, Mitchell, U S Postal Service, Hobson, Jon Hyman, Kedric Mitchell, Circuit Court of Cook, Sofia Sforza

Opinion analysis: Court rejects “dual-officeholding” challenge to military conviction

Today the Supreme Court ruled that the simultaneous service of military officers on both the criminal courts of appeals (CCAs) for the armed forces and the United States Court of Military Commission Review (CMCR) does not violate a longstanding rule that bars active-duty military officers from holding a second job that requires presidential nomination and Senate confirmation – sometimes known as the “dual-officeholding ban.” The decision means that the conviction of Keanu Ortiz, who served as an...
Tags: Featured, Supreme Court, Law, Congress, Senate, Barack Obama, United States, University Of Virginia, District Of Columbia, Mitchell, Ortiz, Cox, The Supreme Court, Howe, Alito, U S Air Force

"The New Yorker was turning 40, occasioning a certain amount of 'greatest magazine that ever was' praise. "

"Despite that, and despite the presence of a few of those New Journalism proto-pioneers, it was going through what was arguably one of the duller stretches in its history. [Tom] Wolfe decided to try... putting into print what most journalists would say only at the bar after hours. The manuscript he produced was so long that it had to run in two parts. 'Tiny Mummies! The True Story of The Ruler of 43d Street’s Land of the Walking Dead!' was the first half, published on April 11, 1965, and it was ...
Tags: New York, Marriage, Law, Walking Dead, America, Journalism, Buffalo, Christ, Long Island, New York Magazine, Mitchell, Bermuda, Nixon, Oceanside, East Side, Tiffany

Sexual harassment is the hiring scarlet letter

Dear Jon,  I resigned from my last job amid allegations of sexually inappropriate misconduct. The allegations became public. Even though the women are all liars, no one will hire me. What can I do?  Sincerely, Steve W. This example has played out (sort of) at my alma mater, Case Western Reserve School of Law. In 2014, its dean, Lawrence Mitchell, resigned during a lawsuit in which a professor alleged Mitchell fired him after he had tried to blow the whistle on Mitchell’s alleged sexu...
Tags: Law, China, Cleveland, Mitchell, Jon, Lawrence Mitchell, Jon Hyman, Shanghai University of Finance and Economics, Steve W This

Argument preview: Justices to consider role of military judges and the dual-officeholding ban

In 2006, Congress – relying on its power under Article I of the Constitution to regulate the armed forces – created the United States Court of Military Commission Review. That court, known as the CMCR, hears appeals from military commissions, such as the one created at Guantanamo to try enemy combatants. Federal law outlines two ways in which judges can be placed on the CMCR: Military officers who already serve as appellate judges on military courts can be assigned to the CMCR by the Secretary ...
Tags: Featured, Guantanamo, Supreme Court, Law, Obama, Congress, Senate, Defense, Court, Barack Obama, United States, Madison, Mitchell, Cox, Howe, U S Air Force

"Of All the Blogs in the World, He Walks Into Mine."

A NYT article, published yesterday, not to be confused with the NYT article about me and Meade, from April 3, 2009.From the new article:It was just before 5 p.m. and Mr. Kurtz, living in the Williamsburg section of Brooklyn, ordered a pizza. As one does, when one is 24 and living amid a generation of creative people whose every utterance and experience might be thought of as content, Mr. Kurtz filmed and posted to Tumblr a 10-minute video showing him awaiting the delivery.Among those who liked t...
Tags: Law, Relationships, Blogging, Brooklyn, Tumblr, Mitchell, Williamsburg, Kurtz, Meade, Ann Althouse

Understaffing at Texas prisons and the implications for decarceration

Your correspondent was quoted in a page one article in the Houston Chronicle today, "Mass exodus of Texas prison guards leaves some units understaffed," about guard shortages at Texas prisons, a topic that Grits has covered for many years. (The author, Keri Blakinger, is new to the Chronicle and the beat, so cut her a little slack for being late to the party; she got here as quickly as she could.)Statewide, the turnover rate among prison guards was 28 percent last year, but at some units it was ...
Tags: Texas, Law, Mitchell, Houston Chronicle, Legislature, Estelle, Richards, Henson, Texas Senate, Ann Richards, Chronicle, Dawson, Ruiz, DALHART, Legislative Budget Board, Gritsforbreakfast

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