The Supreme Court’s sober, sterile and swift order is a victory for the Trump Administration.
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Travel Ban Update: Without Addressing the Merits, the Supreme Court Stays Injunction Pending Further Proceedings
The Supreme Court’s order allows the latest iteration of the travel ban to go into effect, pending further proceedings. However, this latest stay signifies little or nothing regarding the court’s view of the merits in the challenges to EO-3.
The Carpenter case asks whether and how we should update Fourth Amendment doctrine to accomodate technological change. This post defends the proposition that the mosaic theory (the idea that the "whole of data is greater than the sum of its parts") is technologically accurate and a good construct for thinking about these changes. Thought of properly, Carpenter still loses -- but in a different way that is more protective of individual privacy.
Rapid changes in cell phone technology require changes to the laws governing location information.
The Supreme Court announced that it will review the immigration executive order.
Justice Kennedy’s argument against judge-made damages remedies for constitutional violations in Ziglar v. Abbasi is unconvincing.
Some will view the Supreme Court's decision curbing lawsuits against former executive officials for purported abuse of federal detainees as providing important protection against judicial Monday-morning quarterbacking. Critics will see it as another hurdle to preventing lawless actions taken in the name of national security in time of war or national emergency.
There exists a means of lodging an objection to what happened to Merrick Garland that ropes into the process a perhaps unlikely ally: Neil Gorsuch.
A review of legal opinions by Judge Neil Gorsuch of the Tenth Circuit Court of Appeals, President Trump's pick to fill the ninth seat on the Supreme Court, on immigration, separation of powers, the Fourth Amendment, administrative law, international law, and foreign affairs.
The downside to conservatives from making this election a referendum on Scalia's jurisprudence.