Bundy arguments brought focus to three concerns: federal land within a sovereign state, the Constitution, and what is known as Jury Nullification.Details
Last week, the Supreme Court heard testimony on a case that could reinvigorate the Tenth Amendment of the Constitution. Surprisingly, it’s all about football and sports betting in the State of New Jersey. The results of Governor of New Jersey v. National Collegiate Athletic Association may have consequences for a range of issues, including gun control, medical/recreational marijuana, and healthcare.Details
Today the Supreme Court hears argument in Jesner v. Arab Bank, in which plaintiffs seek to use the so-called Alien Tort Statute (ATS) as the basis to impose liability on Arab Bank, a Jordanian entity, for allegedly giving financial support to Hamas’ terrorist operations in Israel and the Palestinian territories. The ATS provides federal court jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” The question is whether this statute applies to the claim against Arab Bank; I joined an amicus brief, authored by Professor Samuel Estreicher (NYU) on behalf of professors of foreign relations law, saying it does not.Details
With the 2017 Supreme Court term underway, it’s time to consider its originalism implications. One might think that originalists would be optimistic with Justice Gorsuch — apparently a strong textualist originalist — joining the Court. But I suspect that, at least on the headline cases, it will be a bad term for originalism, based on the leading case the Court will consider.Details
I haven’t gotten too involved in the so-called “travel ban” executive order – as TAC has been up to our ears in our work on other projects. However, I was just reading the Ninth Circuit’s order affirming the temporary restraining order and was struck – dead in my tracks – by this:Details
Federal Judge Thomas Marten sentenced Shane Cox and Jeremy Kettler February 6, 2017.Details
A lot of people want you to believe that the supreme Court has the final say over the Constitutionality of anything and everything.
They couldn’t be more wrong.Details