Law

Kerry refuses to commit to follow U.S. law on sanctions

Featured image John Kerry testified today before the House Foreign Relations Committee about the Iran deal. I watched only a small portion of it. The debate, though very important, is becoming stale. For me, the most interesting moment occurred when Rep. Brad Sherman, a Democrat from California, asked Kerry whether, if Congress disapproves of the agreement and overrides President Obama’s veto of its disapproval, the administration would follow the law regarding what »

With Justice Alito

Featured image In his new Conversation, Bill Kristol sits down with Supreme Court Associate Justice Samuel Alito (video below). We proudly published Justice Alito’s review of Michael Paulsen’s new book on the Constitution here this past April. It is good to have the opportunity to hear him speak off the bench at length on matters of interest and importance. The video is posted in full and broken into chapters here; the transcript »

Good news from Wisconsin

Featured image The Wisconsin Supreme Court has put an end to the John Doe investigation tormenting conservative activists in the state. This particular show featured the true face of contemporary liberalism. Litigation stalled the show. Despite exposure preeminently by the Wall Street Journal — but also by National Review and others — as a tyrannical monstrosity, the show persisted. Bill Jacobson has excerpted and posted the Wisconsin Supreme Court opinion here. The »

Judge Kozinski is not amused

Featured image In its Notable and Quotable space on the editorial page this morning, the Wall Street Journal excerpts Ninth Circuit Judge Alex Kozinski’s preface to the Georgetown Law Journal’s “Annual Review of Criminal Procedure” (2015). The Journal notes that Judge Kozinski “writes in the preface about the 2008 federal case against Republican Sen. Ted Stevens, who died in 2010.” Judge Kozinski looks back in anger: Senator Stevens was charged with corruption »

Judge Hanen is not amused

Featured image Federal District Judge Andrew Hanen has entered a preliminary injunction preventing the implementation of President Obama’s post-election amnesty order. Since entry of the injunction, Judge Hanen has been apprised of certain misrepresentations regarding the status of Obama’s order. The parties are in the process of working out an agreement to resolve discovery issues and report to the court regarding those misrepresentations. In an order entered yesterday (posted online here), Judge »

Philip Hamburger: Chevron’s last days?

Featured image Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School and the author, most recently, of Is Administrative Law Unlawful? (Editor’s note: Answer: Yes.) It is easily one of the most important books published in 2014 and certainly one of the most important I have ever read. Professor Hamburger has graciously taken time out from his vacation to comment at our request on the Supreme »

From Justice Scalia’s dissent

Featured image Justice Scalia’s dissent in today’s gay marriage diktat is all must reading. Short of posting the whole thing, let me offer these pointed excerpts (to which I have added some paragraphing in the interest of readability): The substance of today’s decree is not of immense personal importance to me. The law can recognize as marriage whatever sexual attachments and living arrangements it wishes, and can accord them favorable civil consequences, »

Triumph of the leftist will

Featured image The Supreme Court issued its decision in King v Burwell yesterday. The Supreme Court has posted its opinions in the case here. At issue in King was the legality of the IRS’s provision of tax credits in Obamacare exchanges established by the federal government. As Professor Jonathan Adler wrote in USA Today, the case “presents a straightforward case of statutory interpretation.” As such, it wasn’t a hard case; it was »

The wrong side of Z Street

Featured image The pro-Israel group Z Street had its application for tax-exempt status held up at the IRS. When founder Lori Lowenthal Marcus asked why, she was told that IRS auditors had been instructed to give pro-Israel groups special attention and that Z Street’s application had been forwarded to a special IRS unit for additional review. Not to put too fine a point on the legal issues, this isn’t kosher. It’s illegal. »

Deep secrets of racial profiling (finale)

Featured image A brief look back at where we have been in this series. If you missed any of its ten parts, I hope you will take a quick look. I would like to point out in particular the post on Michelle Alexander (part 4), which I believe makes a contribution to the subject with a lot of help from the Manhattan Institute’s Heather Mac Donald. Part 1: “Here I set forth »

Deep secrets of racial profiling (7)

Featured image I have sought in this series to provide a background of relevant facts within which to understand the welter of stories featuring race and law enforcement over the past nine months. This past week the Star Tribune’s Eric Roper delivered another such story, this one with a local angle, in “Push is on for more policing reforms in Minneapolis.” For relevant background to Roper’s story, please see John Hinderaker’s post »

Deep secrets of racial profiling (6)

Featured image In Minnesota we caught the wave of the assault on law enforcement in the name of racial disparities courtesy of the Minnesota Supreme Court. The Minnesota Civil Liberties Union and other organizations have since piled on, but the Minnesota Supreme Court was on the case early and its imprimatur has given the local movement destructive legitimacy. In the early 1990s the Court appointed a 40-member committee of attorneys and judges »

Deep secrets of racial profiling (5)

Featured image In part 3 of this series, I quoted ACLU racial profiling guru David Harris’s account of the randomized security system ordered into place by the FAA in 1998. Harris portrays it as a great triumph. I think 9/11 cast its own negative verdict on the system. With the farcical TSA security theater, however, we live with its legacy. It’s an old story that we have all observed with our own »

The Best Law Journal in America?

Featured image The Harvard Law Review? The Yale Law Review? The Journal of Law and Economics perhaps? No: let me suggest it is The Green Bag, which I wouldn’t exactly call a law review, but somehow law journal doesn’t seem to quite fit it either. There’s nothing else like it. Call it, for lack of a better term, a compendium of legal things of interest, not always serious or even timely. You »

EEOC wins Supreme Court case on religious accommodation

Featured image Yesterday, the U.S. Supreme Court ruled in favor of the EEOC in a case it brought against Abercrombie & Fitch. The issue was whether an employer can be liable under Title VII of the Civil Rights Act of 1964 for refusing to hire an applicant or discharging an employee based on a religious observance and practice only if the employer has actual knowledge that a religious accommodation was required. By »

Mosby’s favorites

Featured image Baltimore City state’s attorney Marilyn Mosby is prosecuting the six Baltimore police officers charged in connection with the death of Freddie Gray. She seems to bring a certain animus to the task. I questioned Mosby’s professional behavior in the post “Mosby so far,” commenting on Mosby’s press conference announcing the charges she had brought. Evidence of Mosby’s animus may also be evident in two tweets written by third parties that »

More Thoughts on Today’s Fifth Circuit DAPA Decision

Featured image Paul has already written about the order today by a three-judge panel of the Fifth Circuit, declining to lift the injunction the district court in Texas v. United States of America has imposed against implementation of the administration’s DAPA program. I want to emphasize one or two points about the status and significance of this case. First, while this is not always clear from news accounts, no court has yet »