Dobbs and Dishonesty
It should come as no surprise that Justice Alito is pro-life. To the best of my knowledge, he has never announced his personal views on the subject, but it’s a pretty clear inference from what we do know about him. In any case, he’s made no secret of his belief that states should be able…
TransUnion v. Ramirez: What Is It and Why Does It Matter?
Those who were paying close attention during the Barrett nomination (or who read my blog on the subject) might remember her decision in Casillas v. Madison Avenue Associates, Inc. Paula Casillas tried to sure Madison Avenue Associates because it hadn’t told her that attempts to dispute her debt must be in writing. The Court of…
Is President Trump “Unable to Discharge the Powers and Duties of his Office”?
Since the riots at the Capitol, there has been much talk of removing President Trump from office under Section 4 of the 25th Amendment. There is little chance of that happening, despite Democrats’ best efforts, and not just because Section 4 doesn’t actually remove the President from office. Even so, it warrants thinking about. Like…
My Objection to Confirming Justice Barrett
A more thorough (and therefore longer) version of this argument is available here. Exactly one week ago, the United States Senate confirmed Justice Amy Coney Barrett’s position on the Supreme Court of the United States. By that point, most Americans had decided that the seat should be filled. Nevertheless, a significant minority believed otherwise, many…
Judge Barrett’s Most Significant Opinions
The confirmation vote on Judge Barrett will take place on Monday. Every U.S. Senator who wants to read her judicial opinions has probably already done so, and the rest assuredly know how they will vote, but let’s pretend otherwise. Say there actually were an undecided Senator, looking to Judge Barrett’s opinions to make a decision.…
Judge Barrett on Gun Rights
Judge Barrett wrote only a single opinion directly addressing gun rights. Her opinions in other cases – particularly Biegert v. Molitor, United States v. Watson, United States v. Moody, and United States v. Briggs – might also indicate her views on legal issues relating to gun rights. Kanter v. Barr (2019) Judge Barrett placed this…
Judge Barrett on Immigration
Because of Judge Barrett’s imminent confirmation hearing, I have only summarised the two opinions that Judge Barrett designated as among her most significant. The remaining cases are listed here for the convenience of those who wish to read them. Yafai v. Pompeo (2019) Judge Barrett listed this as number two of her ten (actually eleven)…
Judge Barrett on the Environment
Orchard Hill Building Co. v. U.S. Army Corps of Engineers (2018) Although Judge Barrett did not write this opinion, she did join it. It has been (rightly or wrongly) considered a significant indicator of her views on environmental issues, so I have included it. Warmke is a 100-acre parcel of former farmland in Illinois. It…
Judge Barrett on Torts
This section does not include torts committed by law enforcement or government officials, or torts created entirely by statute. As always, please read the overview for context. Boogaard v. National Hockey League (2018) Derek Boogaard played professional hockey for the NHL. During his time playing for the Minnesota Wild, Mr. Boogaard sustained many injuries, for…
Judge Barrett on Statutory Claims II
These civil law claims arise out of statutes and do not fit within any other category. As always, please read the overview for context. PMT Machinery Sales, Inc. v. Yama Seiki USA, Inc. (2019) PMT Machinery Sales aspired to become Yama Seiki’s exclusive dealer in eastern Wisconsin. It rejected Yama Seiki’s formal offer of exclusive…
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