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14 Jan 2020, 5:34 am by Marty Lederman
:  I wouldn't ordinarily say this about an interlocutory appeal without any coercive decree, but I think that in this idiosyncratic situation the Court ought to grant the petitions (and thus the motions to expedite) because of the stratagem that two judges on the Fifth Circuit employed here and the foreseeable effects their manipulations will have.As I noted at the top, the Fifth Circuit panel did two indefensible things.First, it held that Section 5000A of the ACA, as amended in 2017, is… [read post]
12 Nov 2019, 9:37 am by David Post
" Perhaps "no one is focusing on this" because it is utter nonsense, completely devoid of any apparent constitutional logic. [read post]
12 Nov 2019, 5:00 am by Jed Rubenfeld
But letting the government dictate what opinions are too offensive to be uttered is a fool’s game and is clearly unconstitutional under existing law. [read post]
7 Nov 2019, 7:52 am by Daily Record Staff
Criminal procedure — Hearsay — Excited utterance exception In January 2017, David Neal, an inmate at the Upper Marlboro County Jail, was attacked and stabbed by fellow inmate Adrian Duncan. [read post]
25 Oct 2019, 10:00 am by Eugene Volokh
The court then noted that in such cases, determining whether showed an utterance was defamatory would then depend on the unconstrained values of the factfinder.} [read post]