The Court will hear oral arguments tomorrow, Monday, in Williams v. Washington, a case testing whether a plaintiff must exhaust state administrative remedies in order to bring a state-court lawsuit under federal civil-rights law. Here's my preview of the case,
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Ninth Circuit Says Police Chief’s Private Texts Aren’t Protected Speech
The Ninth Circuit today rejected a First Amendment retaliation claim by a police chief who was forced to resign after sending private texts with a forwarded racist image. The court examined the language, form, and context of the texts and…
District Court Rejects Trump Bid to Remove Hush Money Case to Federal Court
Judge Alvin K. Hellerstein (S.D.N.Y.) earlier this week rejected Donald Trump's motion to remove his New York state hush-money case to federal court. Trump filed a notice of appeal last night.This latest episode arose when Trump filed his second motion…
Ninth Circuit Upholds Title IX’s Exemption for Religious Institutions Against Establishment Clause, Equal Protection Challenges
The Ninth Circuit ruled that Title IX's exemption for religious organizations from its prohibition on sex discrimination did not violate the Establishment Clause or equal protection. The court also dismissed the plaintiffs' Administrative Procedure Act claim for lack of standing.The…
Court Expands Presidential Immunity, Remands January 6 Case Against Trump
The Supreme Court ruled today that a former president enjoys certain immunity–and as a practical matter probably near total immunity–from federal criminal prosecution for actions taken while in office. The sweeping ruling remands the immunity issue back to the district…
SCOTUS Says Docs, Orgs Lack Standing to Challenge Mifepristone
The Supreme Court ruled today in FDA v. Alliance for Hippocratic Medicine that doctors and organizations lack standing to challenge FDA's relaxation of regulations on the use of Mifeprex, the brand-name for mifepristone–the second of a two-drug regime to end…
SCOTUS Weighs Trump Immunity
The Supreme Court will take up former President Trump's claim of absolute immunity from criminal prosecution for his acts on and around January 6. Here's my oral argument preview, from the ABA Preview of United States Supreme Court Cases, with…
SCOTUS Says Takings Plaintiff Must Proceed Under State Law
The Supreme Court ruled today that property owners should pursue their claims under the Takings Clause through a cause of action available under state law. The Court declined to say whether the Takings Clause contains its own cause of action…
SCOTUS To Hear Arguments on January 6 Charge
The Supreme Court will hear oral arguments today in Fischer v. U.S., testing whether a federal law that criminalizes obstruction the corrupt obstruction of an official proceeding applies to January 6 insurrectionists. Here's my argument preview, from the ABA Preview…
SCOTUS To Test Limits of Federal Anti-Bribery Statute
The Supreme Court will hear arguments today in Snyder v. United States, the case testing whether the federal anti-bribery statute criminalizes only quid pro quo bribery, or also after-the-fact "gratuities." Here's my argument preview, from the ABA Preview of United…