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Comments on the Oversight Board’s Decision Regarding Trump’s Facebook Account

Today, the Oversight Board issued its decision regarding Facebook’s decision to suspend Trump’s account for two posts Trump made during the January 6 insurrection. The decision covers a lot of ground (it’s nearly 12k words), and I’ll only cover part of it. The decision has three main points: Trump violated Facebook’s rules. Facebook was justified to suspend Trump’s account, but it was not justified to suspend it for an indefinite period. Facebook should publicly clarify several policies. The ...
Tags: Facebook, Instagram, Law, United States, Trump, Board, Don, Capitol, The Board, Content Regulation, Facebook Account, Oversight Board, Facebook Because, Facebook the Board, Decision Trump Violated Facebook, Facebook Worse


SCOTUS argument in Terry suggests low-level crack defendant unlikely to secure resentencing based on FSA retroactivity

On Tuesday morning, the Supreme Court heard oral argument in Terry v. United States, and the full oral argument is available here via C-SPAN.  The full argument runs nearly 90 minutes and the quality of the advocacy makes it worth the full listen.  But one can get a much quicker flavor of the tenor of the discussion from just a scan of the headlines of these press accounts of the argument: From the AP, "Supreme Court skeptical of low-level crack offender’s case" From Bloomberg Law, "Biden Switch...
Tags: Supreme Court, Law, US, United States, Terry, Trump, Douglas A Berman, Reuters U S Supreme Court, Terry Terry, AP Supreme Court, Tarahrick Terry, Bloomberg Law Biden, From USA Today Supreme Court, From the Washington Post Supreme Court


Meet Victoria Toensing and Joseph diGenova, the Republican power couple caught up in the FBI's Rudy Giuliani investigation

Rudolph Giuliani, Joseph diGenova, and Victoria Toensing, attorneys for then-President Donald Trump, conduct a news conference. Tom Williams/CQ-Roll Call, Inc via Getty Image Victoria Toensing was served a search warrant alongside Rudy Giuliani last week. She and her husband and law partner, Joseph diGenova, have been close to Giuliani for decades. They were instrumental in the Ukraine scandal that led to former president Donald Trump's first impeachment. See more stories on Insider...
Tags: Europe, Politics, News, Media, Law, Vladimir Putin, Obama, Congress, Senate, White House, Russia, New York City, US, Trends, Reagan, Joe Biden


Terry v. US, the final SCOTUS argument of Term, provides yet another reminder of the persistent trauma and drama created by the 100-1 crack ratio

It was 35 years ago, amid intense media coverage of a "crack epidemic" and the overdose death of basketball star Len Bias, when Congress passed the Anti-Drug Abuse Act of 1986 with the 100-to-1 powder/crack cocaine quantity ratio defining severe mandatory minimum sentencing terms.  As the US Sentencing Commission explained in this 1995 report, Congress "dispensed with much of the typical deliberative legislative process, including committee hearings," when enacting this law, and "the abbreviated...
Tags: Supreme Court, Law, Congress, US, United States, Kardashian, Biden, Terry, U S Supreme Court, Christian Science Monitor, Len Bias, Douglas A Berman, US Sentencing Commission, Ekow Yankah, Henry Gass, Tarahrick Terry


New York City Bar Association to host webinar on CVSGs with Neal Katyal

On Tuesday, May 4, at 6 p.m. EDT, the patents committee of the New York City Bar Association will host a webinar with Neal Katyal, former acting solicitor general of the United States, discussing how the views of the solicitor general’s office can influence the Supreme Court’s decisions. The solicitor general is often called the “10th justice” of the Supreme Court because the court, which seldom asks for anyone else’s opinion, will solicit the opinion of the executive branch in many cases,even ...
Tags: Supreme Court, Law, United States, Neal Katyal, New York City Bar Association, Event Announcements


In final case the court will hear this term, profound issues of race, incarceration and the war on drugs

Academics naturally believe that even obscure cases in their field are underappreciated; each minor tax or bankruptcy case quietly frames profound issues of justice. But, doubtful readers, rest assured that Terry v. United States – which the Supreme Court will hear on Tuesday in the final argument of its 2020-21 term – packs so many swirling issues of great importance into an absurdly little case, it can hardly be believed. The national debate on historical racism in our criminal punishment sys...
Tags: Florida, Featured, Supreme Court, Law, Congress, White House, Barack Obama, United States, Aclu, Kardashian, Biden, Donald Trump, Terry, Justice Department, Jared, Trump


Invention of a Slave: 2021 Redux

by Dennis Crouch Tormasi v. Western Digital, Docket No. 20-1396 (Supreme Court 2021) Walter Tormasi is a prisoner in the New Jersey state prison system. He is serving a life sentence for murdering his mother when he was 16 years old after apparently receiving encouragement from his father, Attila. Tormasi is also a patentee.  His U.S. Patent No. 7,324,301 covers a computer hard-drive that allows for “simultaneously and independently” reading and/or writing on different carrier surfaces within t...
Tags: Supreme Court, Law, United States, New Jersey, Patent, Western Digital, Lewis, Trenton, Chen, Casey, Federal Circuit, Stoll, Wallach, John Kane, New Jersey New Jersey, Brooks Kushman


Supreme Court offers Hope on Eligibility Case

by Dennis Crouch American Axle & Manufacturing, Inc.,  v. Neapco Holdings LLC (Supreme Court 2021) The Supreme Court today called for the views of the Solicitor General (CVSG) in this important patent eligibility case. “The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.” In a pair of briefs filed in 2019, then Solicitor General Noel Francisco argued that the Court should hear a new eligibility case to clarify its precedent: “the Court’...
Tags: Supreme Court, Law, Court, Hp, United States, Patent, Hikma, Dennis Crouch, the Court, Trump Administration, Noel Francisco, Berkheimer, American Axle Manufacturing Inc, Biden Administration, Federal Circuit Narrows Application of Hooke, Vanda These


Justices turn down cadet’s attempt to sue government over sexual assault

The Supreme Court won’t weigh in on whether a West Point cadet who was sexually assaulted by a fellow classmate can sue the federal government. The justices announced on Monday morning that they will not hear oral argument in Doe v. United States, one of the cases that they considered at their private conference last week. The justices also called for the federal government’s views in two cases, but they once again did not act on a closely watched challenge to a Mississippi law that would gener...
Tags: Featured, Mississippi, Supreme Court, Law, West Point, Congress, United States, DOE, Thomas, Dobbs, Howe, Jane Doe, American Axle, Goldstein Russell, United States Military Academy, FTCA


"Do You Live in a Political Bubble?/Enter your address to see the political party of the thousand voters closest to you."

I'm seeing that at the NYT. I didn't need to use the little device they had set up. I know I live in a deep blue cocoon. So let's read some text: “People aren’t choosing to live near neighbors who share their party affiliation” said Alan Abramowitz, a professor of political science at Emory University. “They’re segregating based on lifestyle choices.” The alignment of lifestyle and politics reflects the sorting of Democrats and Republicans by income and education, in addition to race. While memb...
Tags: Real Estate, Law, United States, Emory University, Ann Althouse, Partisanship, Alan Abramowitz


Unusual alliance of justices holds government to strict notice requirement in removal proceedings

On Thursday, the Supreme Court issued a 6-3 decision in Niz-Chavez v. Garland, opting for a strict reading of an immigration statute that turns on whether the government has provided proper notice to a noncitizen to appear for removal proceedings. By holding the government to the plain language of the statute, and by refusing to accommodate immigration agencies’ desire for flexibility, the majority handed a win to noncitizens and their advocates, who have long criticized the government’s piecem...
Tags: Featured, Supreme Court, Law, Congress, United States, Biden, John Roberts, NTA, Pereira, U S Court of Appeals, Garland, Elena Kagan, Clarence Thomas, Samuel Alito, Kavanaugh, INA


Justices contemplate the interplay of eminent domain and sovereign immunity

The Supreme Court on Wednesday heard argument in PennEast Pipeline Co. v. New Jersey. The case presents two questions : (1) whether sovereign immunity prevents PennEast from instituting eminent domain proceedings in federal court to condemn properties in which New Jersey has interests, and (2) whether the U.S. Court of Appeals for the 3rd Circuit had jurisdiction over those proceedings. The dispute arose when PennEast obtained under the Natural Gas Act a certificate of public convenience and ne...
Tags: Featured, Supreme Court, Law, Congress, Pennsylvania, United States, New Jersey, John Roberts, Roberts, FERC, Federal Energy Regulatory Commission, Stephen Breyer, Breyer, Elena Kagan, Clement, U S Court of Appeals for the 3rd Circuit


"One has to wonder how these rankings are established. I lived in Georgia for 30 years owing to professional reasons. Not a day went by that I did not want to leave."

"Even though I lived in one of Georgia's best places (Athens, I was in the geology faculty at UGA), I never found any redeeming qualities in the Southeast. And I tried, oh I tried. I found the climate and the vegetation oppressive, the landscape depressing, and the culture alien. I finally found two good things about Georgia: Atlanta's airport (the departure lounge only, never liked baggage claim) and Delta. I retired on January 1 of this year and moved to Santa Fe three days later. This place i...
Tags: Real Estate, Law, Colorado, Atlanta, Georgia, United States, New Hampshire, Delta, Athens, New Mexico, Swimming, Santa Fe, UGA, Ann Althouse


"There are no statistics about the number of platonic, best-friend marriages, and many people who are in them aren’t open about their situation."

"But chat boards on Reddit and within smaller asexual and aromantic communities have popped up recently, suggesting this could be a larger portion of the marriage population than numbers portray.... Many of these relationships... begin because the couple wants their family life separate from their romantic lives, as they don’t find their romantic lives to be stable. Others may be disenchanted with love, and feel that longstanding friendships with a history of resolving conflict may feel like a s...
Tags: Marriage, Law, Sex, Relationships, United States, Reddit, Ann Althouse


America’s prison catastrophe: Can we undo it?

The United States is the world's largest prison warden. As of June 2020, America had the highest prisoner rate, with 655 prisoners per 100,000 of the national population. But according to experts, doing something the most doesn't mean doing it the best.The system is a failure both economically and in terms of the way inmates are treated, with many equating it to legal slavery. American prisons en masse are expensive, brutal, and ineffective, so why aren't we trying better alternatives? And what ...
Tags: Politics, Crime, Prison, Law, America, Policy, United States, Innovation, Inequality, Criminal Justice, Justice System, Social Change, Peterson, Echols, Marie Gottschalk, Shaka Senghor


Controlled substances, political ads and employee transfers

This week we highlight petitions that ask the Supreme Court to consider, among other things, whether doctors may argue “good faith” as a defense for violating the Controlled Substances Act in prescribing pain medication, whether the Philadelphia transit system can prohibit political advertisements on its buses, and whether an employee who is transferred to a new job with the same pay and benefits as before can bring a claim of employment discrimination. In Ruan v. United States, Dr. Xiulu ...
Tags: Featured, Minnesota, Supreme Court, Law, City, United States, Philadelphia, Savage, Kessler, Lehman, U S Court of Appeals, Federal Circuit, U S Court of Appeals for the Federal Circuit, 11th Circuit, Cole, 4th Circuit


"There is little countries can do to lift their native-born birthrates; nor is it even clear why the U.S. fertility rate, which now stands substantially below the replacement rate of 2.1 babies per woman, is so low."

Says the Editorial Board of The Washington Post in "The 2020 Census is a clarion call for immigration."I was just saying that President Biden's plan to vastly increase support for families with children could be justified by the need to inspire Americans to keep having children. Here's what I wrote 3 days ago: There was some concern expressed yesterday over the "remarkable slackening" in population growth seen in the 2020 census. What will it do to the economy going forward if Americans don't ma...
Tags: Law, Immigration, United States, Population, Biden, WaPo, Beemer, Ann Althouse, Temüjin, Editorial Board of The Washington Post


Great example of clemency leading to more compassion ... in the form of compassionate release thanks to FIRST STEP Act reforms

I am not sure if anyone is trying to make a comprehensive list of the wide array of factors that federal courts have referenced in granting sentence reductions under the (so-called compassionate release) statutory provisions of 18 U.S.C. § 3582(c)(1)(A) ever since the FIRST STEP Act allowed federal courts to directly reduce sentence without awaiting a motion by the Bureau of Prisons.  Thankfully, district and circuit court have consistently recognized that, in the word of the Second Circuit in U...
Tags: Sixth Circuit, Law, Congress, Court, US, United States, Ferguson, Michigan, Donald Trump, Detroit, Edmunds, Sapp, Bureau, McCoy, Kwame Kilpatrick, Second Circuit


One new case, two issues of appellate procedure

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. A lot of movement on the relist front this week. The court granted review in relisted cases involving the first two amendments to the U.S. Constitution, summarily overturned a court of appeals decision in a relisted habeas case for the second time in a month, and denied leave to file an “original jurisdiction” lawsuit between two st...
Tags: Health, Featured, Maryland, Supreme Court, Law, United States, Johnson, DOE, Ericsson, Tcl, Ortiz, Scott, HARRIS, Allen, Dobbs, Fifth Third Bancorp


New detailed polling reveals broad support for broad use of clemency power to commute sentences

This interesting new report at The Lab - The Appeal details the results of interesting new polling showing broad support for clemency on behalf of a wide array of different types of persons in prison. The report is authored by Molly Greene and Sean McElwee under the headline "Poll: Use Clemency Power to Fight Mass Incarceration." I recommend clicking through to see all the details, but here is part of the narrative: New national polling from Data for Progress and The Lab, a policy vertical of T...
Tags: Law, United States, Sean Mcelwee, Douglas A Berman, Molly Greene


Court wrestles with Superfund contribution puzzle

Monday’s argument in Guam v. United States featured sharply different interpretations of the contribution provisions of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is appealing a ruling by the U.S. Court of Appeals for the District of Columbia Circuit that the territory is time-barred from seeking contribution from the U.S. Navy for the cost of cleaning up the Ordot Dump. The Navy created the dump during the 1940s...
Tags: Featured, Law, Navy, Massachusetts, United States, Wyoming, Epa, CWA, Environmental Protection Agency, Sonia Sotomayor, U S Navy, Sotomayor, Stephen Breyer, Clarence Thomas, Guam, Samuel Alito


Justices weigh available defenses to criminal re-entry for certain immigrants

The court heard argument on Tuesday in United States v. Palomar-Santiago, a case involving certain noncitizens’ ability to defend themselves from federal charges for re-entering the country after they were deported. The charge of criminal re-entry requires the prior existence of a removal order entered by a federal immigration agency. In Refugio Palomar-Santiago’s case, that prior removal order did exist. However, the Supreme Court’s 2004 decision in Leocal v. Ashcroft, decided after the entry ...
Tags: Featured, Supreme Court, Law, Congress, United States, Ross, Thomas, Sonia Sotomayor, Garcia, John Roberts, Roberts, Alito, Sotomayor, Stephen Breyer, Breyer, Elena Kagan


3 Things You Need to Know about Filing a Personal Injury Suit

Personal injury lawsuits are so common throughout the United States. Whether you are looking for a personal injury law firm in Kingston, PA , or somewhere else in the United States, there are a few things to keep in mind about filing a personal injury lawsuit. Most people who file personal injury lawsuits are confident they are going to win. While the percentages may be in your favor, it may not be so easy. Before you actually file for the lawsuit, we want to make you aware of some importa...
Tags: Law, Sales, United States, Lawsuits, Injury, Personal Injury, Law Firm, Blog & Grow, Kingston Pa, Filing a Personal Injury Suit, Personal Injury Suit, Physical Injury Law, Physical Injury Law Firm, Physical Injury Lawsuits, Physical Injury Lawyer


Eminent domain, sovereign immunity and a controversial pipeline through New Jersey

On Wednesday, the justices will hear argument in PennEast Pipeline Co. v. New Jersey. The case presents the question of what impact, if any, does the Natural Gas Act have on the sovereign immunity provided to the states through the 11th Amendment. This clash between the NGA and the Constitution arose because, under the NGA, companies with permits to build new pipelines can use the power of eminent domain to seize property along the pipeline route. The case has broad ramifications for the indust...
Tags: Texas, Featured, Supreme Court, Law, Congress, Pennsylvania, United States, New Jersey, State, D C Circuit, FERC, U S Court of Appeals, Federal Energy Regulatory Commission, NGA, PennEast, 3rd Circuit


The Marine Corps is preparing for a new fight, here’s how

  With new global threats emerging, especially in the Indo-Pacific, the Marines’ top commander sees a new kind of fight on the horizon that will need more unmanned planes and remote weapons and smaller infantry units that can swiftly respond, packing their own arsenal of surveillance drones and anti-aircraft missiles. Commandant Gen. David Berger, on Monday, April 26, released an update on how the Marine Corps is doing in carrying out his 10-year vision to reorganize and modernize its troops and...
Tags: News, Putin, Navy, Iraq, Sport, Afghanistan, Marine, West, Soccer, Military, United States, Army, Marine Corps, Marines, West Coast, Biden


Marines retire heavy equipment, become more agile to prepare for the future fight

  With new global threats emerging, especially in the Indo-Pacific, the Marines’ top commander sees a new kind of fight on the horizon that will need more unmanned planes and remote weapons and smaller infantry units that can swiftly respond, packing their own arsenal of surveillance drones and anti-aircraft missiles. Commandant Gen. David Berger, on Monday, April 26, released an update on how the Marine Corps is doing in carrying out his 10-year vision to reorganize and modernize its troops and...
Tags: News, Putin, Navy, Iraq, Sport, Afghanistan, Marine, West, Soccer, Military, United States, Army, Marine Corps, Marines, West Coast, Biden


Justices add new cases on state secrets, free speech

The Supreme Court issued orders on Monday morning from the justices’ private conference on Friday, April 23. The court added three new cases to its docket for arguments next fall, including a major new case (covered in this article) on the scope of the Second Amendment right to carry a gun outside the home. The justices also turned down (at least for now) efforts by a group of states, led by Texas, to revive litigation over the “public charge” rule after the Biden administration refused to defe...
Tags: Texas, Featured, Guantanamo Bay, Maryland, Supreme Court, Law, California, Washington, Oregon, United States, Pakistan, Alaska, Poland, Philadelphia, Cia, Volkswagen


Court to decide requirements for noncitizens defending against federal prosecution for criminal re-entry

Non-U.S. citizens who are deported and later return to the United States can be prosecuted for criminal re-entry. In order for federal prosecutors to sustain a charge for criminal re-entry under 8 U.S.C. § 1326, they must prove the existence of a prior removal order adjudicated by a federal immigration agency. But if the earlier removal order is invalid on legal grounds, then how can the noncitizen use that fact to defend against the criminal re-entry prosecution? On Tuesday, the justices will ...
Tags: Featured, Supreme Court, Law, Congress, California, Mexico, United States, Circuit, Trump, 9th Circuit, U S Court of Appeals, Jeff Sessions, Ashcroft, Ochoa, Board of Immigration Appeals, Merits Cases


"Handling Aggravating Facts After Blakely: Findings From Five Presumptive-Guidelines States"

The title of this post is the title of this great new paper authored by Nancy King ow available va SSRN. Here is its abstract: This Article reveals how five states with presumptive (binding) sentencing guidelines have implemented the right announced in Blakely v. Washington to a jury finding of aggravating facts allowing upward departures from the presumptive range.  Using data provided by the sentencing commissions and courts in Kansas, Minnesota, North Carolina, Oregon, and Washington, as wel...
Tags: Law, Washington, United States, New Jersey, Blakely, Douglas A Berman, Apprendi, Alleyne, Nancy King, Kansas Minnesota North Carolina Oregon


"Over the past decade, the United States population grew at the slowest rate since the 1930s, the Census Bureau reported on Monday, a remarkable slackening..."

"... that was driven by a leveling off of immigration and a declining birthrate. The bureau also reported changes to the nation’s political map: The long-running trend of the South and the West gaining population — and Congressional representation — at the expense of the Northeast and the Midwest, continued, with Texas gaining two seats and Florida, one. California, long a leader in population growth, lost a seat for the first time in history.... 'This is a big deal,' said Ronald Lee, a demograp...
Tags: Florida, Texas, Law, California, Global Warming, West, United States, Population, South, Midwest, Lee, Northeast, Census Bureau, Ann Althouse, Ronald Lee, University of California at Berkeley If



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