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Curious Ninth Circuit Reversal on Habeas
The title of this post might make you suspect that a Ninth Circuit panel reversed a district court’s denial of habeas relief. But what happened […]
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Parental Right Against Government Concealment of Important Information About Child
In contrast with the non-existence of a sweeping general right of a parent to direct medical treatment of a child in violation of state law, a […]
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Eleventh Circuit Judges Spar Over Supposed Evidence of Racism in Voting Reforms
In an order yesterday in League of Women Voters v. Florida Secretary of State, the Eleventh Circuit denied en banc review of a panel decision that […]
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The ‘Wildest’ Tale Yet?
“Of all the zaniness you’ve described in this series, today’s tale may be the wildest.” That’s what one distinguished reader wrote me in […]
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This Day in Liberal Judicial Activism—September 22
Explaining his decision to vote against the confirmation of John Roberts as Chief Justice, then-Senator Barack Obama concocts his lawless […]
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This Day in Liberal Judicial Activism—September 21
In a speech to the New York Bar Association, Justice Ruth Bader Ginsburg laments that Justice Sandra Day O’Connor’s retirement might leave her as […]
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State Laws Against Psychosurgery on Minors Refute Overly Broad Claim of Parental Rights
Plaintiffs challenging state laws that bar doctors from providing puberty blockers or cross-sex hormones to minors as treatment for gender dysphoria […]
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This Day in Liberal Judicial Activism—September 20
In Abele v. Markle, a divided three-judge district court rules that Connecticut’s recently re-enacted abortion law is unconstitutional.
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This Day in Liberal Judicial Activism—September 19
D.C. Circuit chief judge Abner J. Mikva resigns from the court in order to pursue what for him might be a less political position—White House […]
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This Day in Liberal Judicial Activism—September 18
In an action filed by a suspected Al Qaeda-associated terrorist to obtain information related to the CIA’s covert activities in Poland, a divided […]
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This Day in Liberal Judicial Activism—September 17
Pennsylvania law requires mail-in and absentee ballots to be returned no later than 8:00 p.m. on Election Day.
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My Surprisingly Pleasant Experience at Yale Law School
I have the strong impression that Yale law school has dramatically improved the speech climate on campus from the ugly low of spring 2022.
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This Day in Liberal Judicial Activism—September 15
The Tennessee supreme court (in Planned Parenthood v. Sundquist) rules that informed-consent provisions and various other state-law regulations of […]
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John Yoo Reminisces About Clinton Judicial-Nomination Battles
I interview John Yoo, who replaced me on Senator Hatch’s Judiciary Committee staff in 1995, about his year handling judicial nominations.
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This Day in Liberal Judicial Activism—September 14
Ohio common pleas court judge Christian Jenkins rules that the Health Care Freedom Amendment adopted by Ohio voters in 2011 had the wholly […]
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Today’s Pseudo–Ethics Outrage Would Not Happen if Justice Ginsburg Were Still on the Court
The fact of the matter is that the Thomas-focused pseudo–ethics issues in recent headlines would be unimaginable if Justice Ginsburg were still on […]
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Big En Banc Ninth Circuit Victory for Fellowship of Christian Athletes
The court ruled in FCA’s favor by a vote of 9 to 2.
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This Day in Liberal Judicial Activism—September 13
In CREW v. Trump, a divided panel of the Second Circuit reverses a district-court ruling that the plaintiffs did not have standing to pursue their […]
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This Day in Liberal Judicial Activism—September 12
Supreme Court nominee John G. Roberts Jr. stoically endures the endless opening statements of Senate Judiciary Committee members as his confirmation […]
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Yale Events
I look forward to visiting Yale on Thursday for two events.
