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The Supreme Court’s Elections Muddle - WSJ
27 Jun 2023, 6:18 pm by Tom Smith
Constitution’s Elections Clause, which requires “the Legislature” of each state to prescribe “[t]he Times, Places and Manner of ” federal elections. [read post]
The Right Coast - https://rightcoast.typepad.com/rightcoast/
Don’t Count on the Gorsuch and Thomas Votes in Future Voting Cases; Expect Them to Side Against Voting Rights Litigants
27 Jun 2023, 5:42 pm by Rick Hasen
(Justice Alito… Continue reading The post Don’t Count on the Gorsuch and Thomas Votes in Future Voting Cases; Expect Them to Side Against Voting Rights Litigants appeared first on Election Law Blog. [read post]
Election Law - http://electionlawblog.org/
[Eugene Volokh] S. Ct. Decides: "True Threats" Exception Requires Showing that Speaker Was "Reckless," i.e.,
27 Jun 2023, 2:14 pm by Eugene Volokh
Justice Barrett, joined by Justice Thomas, would have opted for what is basically a negligence standard (again, oversimplifying slightly). [read post]
The Volokh Conspiracy - http://www.volokh.com/
Court upholds state corporate registration law in major personal jurisdiction case
27 Jun 2023, 1:33 pm by Amy Howe
Rather, he wrote, “[t]he two precedents sit comfortably side by side. [read post]
SCOTUSblog - http://www.scotusblog.com/
By a 6-3 vote, the Supreme Court holds that a federal prisoner who has already filed (and exhausted) a motion under 28 U.S.C. § 2255 can’t file another postconviction motion to raise a claim of legal innocence based on an intervening statutory-interpretation-decision of  the Supreme Court.  Section 2255(h) bars second or successive 2255 motions based on non-constitutional claims; and the “saving clause” of § 2255(e) doesn’t authorize a petition for a “writ of habeas corpus,” under § 2241, for claims barred by § 2255(h). Jones v. Hendrix, Sup. Ct.  21-857, __U.S.. __  (June 22, 2023).
27 Jun 2023, 12:31 pm by Darrell Fields
Thomas, J. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
US Supreme Court rejects North Carolina’s ‘independent legislature’ theory
27 Jun 2023, 12:25 pm by Rebekah Yeager-Malkin | U. Pittsburgh School of Law, US
Justice Thomas, writing for the dissent, argued that the case should be dismissed on grounds of “mootness. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
Justices throw out Colorado man’s stalking conviction in First Amendment dispute
27 Jun 2023, 10:44 am by Amy Howe
Justice Clarence Thomas filed a dissenting opinion and joined a dissenting opinion by Justice Amy Coney Barrett. [read post]
SCOTUSblog - http://www.scotusblog.com/
Trump is the Biggest Loser in Moore v. Harper
27 Jun 2023, 9:34 am by Michael C. Dorf
Donald Trump wasn't a party or an amicus in Moore v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
The Latest Chapter in State Lawsuits Versus the Federal Government: United States v. Texas
26 Jun 2023, 4:30 am by Michael C. Dorf
Justice Gorsuch wrote a concurrence in the judgment for himself and Justices Thomas and Barrett. [read post]
Dorf on Law - http://www.dorfonlaw.org/
Signs of Nursing Home Abuse and How to Recognize Them
26 Jun 2023, 2:33 am by Thomas Gallivan
The Law Offices of Thomas L. [read post]
New York Injury Lawyers Blog - https://www.gallivanlawfirm.com/blog/
Law and Media Round Up – 26 June 2023
26 Jun 2023, 1:07 am by INFORRM
The Draft Data Privacy Framework for International Personal Data Transfers From the European Union to the United States (2023), CiTiP Working Paper 2023 Funk, PhD, T. [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
Blog Post: California: How the Appeals Board En Banc Decision in Nunes Affects Attorneys and WCJs
25 Jun 2023, 10:50 pm by Robin E. Kobayashi
On June 22, 2023, the Appeals Board issued an en banc decision in Nunes v. [read post]
Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/
[Josh Blackman] Justice Kavanaugh's Arrested Development
25 Jun 2023, 10:14 pm by Josh Blackman
These ultra-short opinions aren't fooling anyone. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Counting to Five in Texas v. United States
25 Jun 2023, 3:09 pm by Josh Blackman
Justices Gorsuch, Thomas, and Barrett found that the plaintiffs lack standing on redressability grounds. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Start The Death Watch For The Overbreadth Doctrine
24 Jun 2023, 4:22 pm by Josh Blackman
Well, Hansen wouldn't be that "appropriate case," but a majority of the Court seems to share Justice Thomas's doubts. [read post]
The Volokh Conspiracy - http://www.volokh.com/
US Supreme Court rules that law criminalizing encouragement of illegal immigration is constitutional
24 Jun 2023, 3:36 pm by Rebekah Yeager-Malkin | U. Pittsburgh School of Law, US
It does not “prohibi[t] a substantial amount of protected speech”—let alone enough to justify throwing out the law’s “plainly legitimate sweep. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
[Eugene Volokh] "Brackeen's Third Sovereign"
24 Jun 2023, 11:25 am by Eugene Volokh
Such calculus underlies the distinction between Gorsuch and Thomas' opinions. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Circumventing Confrontation By Burying Bruton
24 Jun 2023, 3:32 am by SHG
And Justice Thomas didn’t explain how there is no historical support for the extension of that rule. [read post]
Simple Justice - http://blog.simplejustice.us
[Josh Blackman] Justice Thomas Declines To Extend Non-Originalist Confrontation Clause Precedent
23 Jun 2023, 9:32 pm by Josh Blackman
[Don't act surprised when Thomas narrowly reads made-up Brennan decision from 1968 that itself reversed precedent.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
Weekend Roundup
23 Jun 2023, 9:30 pm by Karen Tani
Congratulations to Greg Ablavsky (Stanford Law School) on being selected by the SLS graduating class for the John Bingham Hurlbut Award for Excellence in Teaching.Ablavsky also made the (online) pages of Slate this week: "Clarence Thomas Went After My Work. [read post]
Legal History Blog - http://legalhistoryblog.blogspot.com/