Law

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 »

Fifth Circuit denies stay of the injunction against Obama’s executive amnesty

Featured image A panel of the Fifth Circuit Court of Appeals has denied the Obama administration’s motion to stay the preliminary injunction against implementation of its Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) pending appeal. The Court also declined to narrow the injunction’s scope. As readers will recall, Judge Hanen issued the injunction on the view that the government is likely to lose the lawsuit challenging DAPA The »

The Law of Unintended Consequences Hits Liberals Again

Featured image We’ve noted here many times the economic illiteracy of the minimum wage, and even the media are picking up on the perverse effects the $15 minimum wage is having on low-margin businesses such as San Francisco comics shops or fast food restaurants installing touch screens to replace counter clerks (and how long before we have robotic burger flippers?), but this won’t deter liberals. When I explain to students the 1923 »

Let’s call the whole thing off

Featured image The starting point of statutory construction is the language of the statute itself. If the words of a statute are clear, they are to be construed according to their plain meaning. See generally Yule Kim, Statutory Interpretation: General Principles and Recent Trends (Congressional Research Service, 2008). If the words of a statue are ambiguous, a court may resort to legislative history and other devices to construe it. The Supreme Court »

Chicago To Merge With Detroit?

Featured image The Wall Street Journal editorial page this morning explores why Chicago’s debt has been downgraded to “junk” status, reviewing the unsustainable structure of its public school teacher pensions, which are only the one small aspect of Illinois’s public sector pension crisis. But the precipitating event that caused Moody’s to downgrade Chicago’s debt to junk was the decision of the Illinois Supreme Court last week that the state may not alter »

Mosby doubles down on demagoguery

Featured image Yesterday, Marilyn Mosby, the prosecutor who brought charges against six Baltimore police officers accused of mistreating Freddie Gray, sat on stage at a Baltimore concert in which Prince performed a protest song about Gray and the recent unrest in the city. As I understand it, the concert was in honor of Gray, and Prince called Mosby and her husband to the stage. Based on the reports I’ve seen, I would »

Corruption from the IRS to the DoJ

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. »