(This is a brief detour to address significant decisions just rendered by the Supreme Court and New York State’s Highest court.)One tribunal, the Supreme Court, took constitutionally protected free exercise of religion seriously. Perhaps, the Court even went overboard in doing so.By the sharpest contrast, another tribunal, New York’s highest court, the Court of Appeals, seemed entirely…
There is a school of thought in legal writing that you should never put anything too important in footnotes, as some readers might skip over them.  See, e.g., https://www.legalwritingpro.com/articles/the-lowdown-on-footnotes/.  Well, if you are one of those readers, then you would have missed a good footnote from an unpublished Fourth Circuit opinion issued on Monday.    The opinion starts with the sentence “This appeal presents conflict of laws and conflict of interests questions in an…
In the last post, we looked at two opinions of then-Judge Amy Coney Barrett while on the 7th Circuit Court of Appeals. They were dissents. One involved immigration, the other gun rights. Patrick Semansky/APForget about originalism or strict construction or deference to the legislative branch or other species of “judicial restraint.” (I feel compelled to keep repeating that.) If you simply…