Topic
Due Process
1,503 published works
PrawfsBlawg
Defenders of “Plundering, Harassing, Misery, and Agony”
Main Monday, March 31, 2025Defenders of "Plundering, Harassing, Misery, and Agony"Double Aspect is consistently an interesting and eloquent blog, which I have praised before and think deserves greater attention. (Its…
Sentencing Law and Policy
In "ghost gun" case, Justice Kavanaugh suggests due process defense "based on lack of fair notice" for potential federal firearm crimes
The Supreme Court this morning decided the so-called "ghost gun" case, Bondi v. Vanderstok, No. 23-852 (March 26, 2025) (available here), which addressed the lawfulnees of an ATF rule interpreting…
Simple Justice
The State Secret Of Shame
Despite the stunning lack of clarity surrounding the affair, ranging from the roundup preceding Trump’s proclamation that Tren de Aragua are invading enemy aliens to his claim that he never…
Religion Clause
School’s Gender Support Policy Did Not Violate Parent’s Free Exercise or Due Process Rights
In Vitsaxaki v. Skaneateles Central School District, (ND NY, March 20, 2025), a New York federal district court rejected free exercise and due process challenges to a school district's policy of…
Simple Justice
Machado: Mahmoud Khalil Has Rights And Can Fight
Before moving forth to the nuts and bolts, let’s clear the air. Mahmoud Khalil is not in this country on a visa. Rather, he is a legal permanent resident (aka…
Legal Theory Blog
Bernstein on the 1920s Substantive Due Process Education Trilogy
David E Bernstein (George Mason University - Antonin Scalia Law School) has posted The Supreme Court’s Mysterious 1920s Due Process Education Trilogy (The Journal of Contemporary Legal Issues, Vol. 26,…
Medicaid & Medicare: A Legal Blog
Challenging CMS’ Recoupment Before Full Adjudication: A Constitutional Perspective
The Centers for Medicare and Medicaid Services (CMS) has the authority to recoup alleged overpayments from healthcare providers before the full adjudication of an appeal. While this practice is legally…
Sentencing Law and Policy
Seeking <em>Smack</em> down, new cert petition assails "minimal indicia of reliability" standard at sentencing
In this post more than seven years ago, I flagged a decision by the Supreme Court of Delaware, Smack v. Delaware, No. 601 (Del. Oct. 11, 2017) (available here), in…
Gender and the Law Prof Blog
Protecting the Anti-Oppression Legacy of Obergefell After Dobbs
By Tracy Thomas
Tracy L. Turner, Protecting the Anti-Oppression Legacy of Obergefell After Dobbs, 97 St. John’s Law Review (2023)The continued vitality of other landmark substantive due process cases after the reversal of…
Legal Theory Blog
Bindas on Scrutiny in Meyer and Pierce
Michael Bindas (Institute for Justice) has posted Meyer, Pierce, and Everything After (26 J. Contemp. Legal Issues 281 (2025) (forthcoming)) on SSRN. Here is the abstract: For a century, the…