Main Tuesday, September 02, 2025Call for Nominations: Best Untenured Article on Federal Courts
Main Tuesday, September 02, 2025Call for Nominations: Best Untenured Article on Federal Courts
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Main Thursday, August 28, 2025Gee, If Only We Had a Justice Department Interested in Religious LibertyValentina Gomez, a trivia question seeking the Republican nomination for a House seat in Texas, launched her campaign in the traditional manner: by filming herself…
Main Thursday, August 28, 2025Central Bank IndependenceSince that’s an issue in the news, I want to make a couple of general observations. They point in the same direction, which is that the idea that our central bank is independent evolved…
Main Wednesday, August 27, 2025Trump v. District of MarylandThe Administration sued the District of Maryland and every judge, challenging standing orders imposing automatic administrative stays on habeas actions by alien detainees. I questioned using offensive litigation (as opposed to appealing…
Main Tuesday, August 26, 2025Certiorari Before Judgment But Under SubmissionA certiorari petition is before the Court in the tariffs challenge. The en banc Federal Circuit heard the case last month. One would think that the Federal Circuit would issue its…
Main Tuesday, August 26, 2025Flag burning, again?I am late to talking about the new E.O. prioritizing prosecution of flag burning. It purports to get around Johnson and Eichman by pursuing flag-burning that constitutes fighting words or incitement or that…
Main Monday, August 25, 2025Nixon’s the One!In terms of executive power, we are basically back where we were in the early 1970s. It’s as if Watergate never happened. For example:
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Main Sunday, August 24, 2025Conference Call for Papers: “Faith, Values, and the Rule of Law”Prof. David Opderbeck (Seton Hall) has shared with me a Conference Call for Papers for an event he is organizing on “Faith, Values, and the Rule…