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8 Nov 2011, 11:35 am
(Orin Kerr) I thought readers might be interested in the key passages from the DC Circuit’s majority opinion, authored by Judge Silberman, upholding the individual mandate under the Commerce Clause:The mandate, it should be recognized, is indeed somewhat novel, but so too, for all its elegance, is appellants’ argument. [read post]
29 Jul 2007, 1:58 pm
As long as Jeralyn, Orin Kerr and Marty Lederman are speculating about what the legal dispute was that triggered the 2004 Comey crisis, I am going to throw my 2 cents in too. [read post]
1 Apr 2009, 9:43 pm
Following the discussions of Orin Kerr's "technology neutral" approach to the application of the 4th Amendment in a world of new technologies comes this apocryphal post by Nicole Black. [read post]
18 Jul 2011, 10:02 am
(Orin Kerr) The case is United States v. [read post]
5 Dec 2011, 10:28 am
(Orin Kerr) I visited the Supreme Court this morning for the oral arguments in Messerschmidt v. [read post]
29 Dec 2011, 2:43 am
Over at Volokh Conspiracy, Orin Kerr raises an interesting question: What limits, if any, does the Fourth Amendment place on the use of a trained drug-sniffing dog to approach the front door of a home? [read post]
10 Sep 2010, 7:16 pm
Orin Kerr began by wondering about the value of such footnotes: It is common in the author footnote of law review articles — you know, the footnote that follows the author’s name that tells you who the author is — to thank people who have read drafts of the articles and offered comments to help improve it. [read post]
9 May 2010, 11:56 pm
(Orin Kerr) Attorney General Eric Holder suggested today that the Obama Administration may push for legislation expanding the public safety exception to Miranda for use in interrogations of terrorist suspects: The Obama administration is considering changes to the laws requiring police to inform suspects of their rights, potentially pursuing an expansion of the “public safety exception” that allows officers to delay issuing Miranda warnings, officials said Sunday. [read post]
Rivalries Among Justices — And Why the FDR-Era Supreme Court is Different From Today’s Supreme Court
10 Nov 2010, 10:41 am
(Orin Kerr) Writing in Slate, Harvard Law prof Noah Feldman argues that Justice Sotomayor and Justice Kagan “are fated to define their judicial careers in relation to each other. [read post]
25 Apr 2010, 8:10 pm
(Orin Kerr) Lawprof Thomas K. [read post]
4 Mar 2012, 1:33 pm
(Orin Kerr) No, concludes Judge Bennett in United States v. [read post]
30 Jun 2011, 10:06 am
(Ilya Somin) In his response to my post on the mandate cases and the presumption of constitutionality, Orin Kerr argues that the presumption applies to all cases where courts consider the constitutionality of congressional legislation.Orin recognizes that the Supreme Court majority in fact fails to even mention the presumption in many controversial cases where it strikes down federal laws, such as United States v. [read post]
9 Aug 2011, 9:14 am
(Orin Kerr) Like my co-blogger David Bernstein, I’ve been closely following the situation at Widener University concerning the charges brought against Professor Lawrence Connell. [read post]
5 Dec 2011, 2:07 am
Starting on the morning of 5 December 2011 Lords Phillips, Mance, Kerr, Clarke and Dyson will hear the eight day appeals of the Employer’s Liability Insurance “Trigger” Litigation. [read post]
29 Nov 2018, 9:05 am
On Monday and Tuesday, the 3 and 4 December 2018, the Supreme Court (Lady Hale, Lord Reed, Lord Kerr, Lord Wilson, Lord Sumption, Lord Carnwath, and Lord Lloyd-Jones) will hear Privacy International’s appeal (UKSC 2018/0004) against the Court of Appeal’s decision in R (Privacy International) v Investigatory Powers Tribunal ([2017] EWCA Civ 1868; [2018] 1 WLR 2572), which found that the Regulation of Investigatory Powers Act 2000 (“RIPA 2000”), s 67(8) ousted the… [read post]
13 May 2011, 9:44 am
(Orin Kerr) The decision is Barnes v. [read post]
8 Oct 2010, 5:32 am
(Orin Kerr) In his post on the new district court decision upholding the individual mandate, my co-blogger Randy writes: I do not believe Judge Steeh relied upon existing Supreme Court doctrine because of his claim that this was a case “of first impression” and therefore not covered by that doctrine. [read post]
4 Jan 2011, 4:59 am
Over at Volokh Conspiracy, Orin Kerr writes about the 11th Circuit's decision in United States v. [read post]
10 Jul 2017, 7:00 am
In March 2017, the Supreme Court (sitting in a panel comprising Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr and Lord Hughes) heard the appeal of the Metropolitan Police Service (“MPS”) in the case of Commissioner of Police of the Metropolis v DSD & Anor. [read post]
20 Jan 2012, 12:26 am
(Orin Kerr) Commenter Brandon, a frequent critic of my posts on the individual mandate, offers the following question tonight in a comment thread: Orin, The frustrating thing about your posts (especially on obamacare) is that you rarely, IF EVER, come out and just state your f**cking opinion. [read post]
