The Pentagon’s proposal to livestream an execution by firing squad may have First Amendment implications. Courts have steadfastly rejected claims by the media that they have a constitutional right to broadcast executions. But they have done so in part with
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The 1974 and 1975 Abortion Hearings
I’m reading through the transcripts of the Bayh Subcommittee’s hearings on Roe v. Wade. The legal and moral arguments on abortion are similar to today. What is different is the state of medical knowledge.
For example, one question that came…
Josh Blackman: Trump is Hostile to the Constitution and Uniquely Unsuited to Be President
By Paulhorwitz
A word about Fifth Circuit nominee Todd Butler–well, a few words, with the reassurance that this won’t turn into a deluge of posts.
I found one piece of Josh Blackman’s ongoing series of posts lamenting Butler’s nomination odd. (And I…
The Living Constitution
I’m reading through the Senate’s Report on the 1968 Omnibus Crime Act. One part of this law purported to set aside Miranda in federal criminal cases. (This was held invalid by the Court in 2000). Another portion imposed various gun…
JOTWELL: Erbsen on Francois and Hershkoff on Pennoyer as Con Law
The new Courts Law essay comes from Allan Erbsen (Minnesota) reviewing Aderson Bellegarde François & Helen Hershkoff, Pennoyer, Due Process, and the End of Reconstruction, __ N.Y.U. L. Rev. __ (forthcoming), which places Pennoyer in the jurisprudential and constitutional…
What Short Skirt?
I started listening to the oral argument in Frontiero v. Richardson. In those days, the argument audio picked up some of the chit-chat among the Justices on the bench. At the start, you can clearly hear someone (most likely Chief…
Universality will not die
The Sixth Circuit affirmed an injunction prohibiting Tennessee from enforcing a law prohibiting “recruiting” minors (i.e., providing truthful information about how) to obtain lawful abortions outside of Tennessee. The majority affirmed a universal injunction for two reasons–the law was overbroad…
The Functional Vice President
Here’s another way in which the “ceremonial civic space” has shrunk. The Vice-President used to be someone who did very little. He was therefore useful for presiding at formal events or (in the cliche) representing the United States at funerals.…
Judicature Writing Competition for Emerging Scholars
Complete information here. For those who graduated law school between 2023-2028. Sponsored by Judicature and the Bolch Judicial Institute.
An ERA Time Capsule
In October 1972, Birch Bayh published an article in the Notre Dame Law Review entitled “The Need For the Equal Rights Amendment.” Note the date. This was after the ERA was sent to the states for ratification but before Roe…