Law

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    A good free-speech case for the Supreme Court to address

    Dan Jaffe writes for the Washington Examiner about an opportunity for the U.S. Supreme Court to defend free speech. Later this month, the U.S. Supreme Court will decide whether to review an extraordinarily troubling decision by California’s 6th District Court of Appeals that poses serious hazards to our…
    Mitch Kokai, September 19, 2018
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    Don’t expect a new Supreme Court justice this year if Kavanaugh stumbles

    Kevin Daley of the Daily Caller ponders the likelihood of confirming a Supreme Court justice this year other than Brett Kavanaugh. Should Kavanaugh’s nomination falter, the Trump administration has little hope of installing a new justice on the high court before the end of the year, and less…
    Mitch Kokai, September 19, 2018
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    New Carolina Journal Online features

    Lindsay Marchello reports for Carolina Journal Online on a new poll that gives Democratic challenger Linda Coleman a slight edge over Republican incumbent Rep. George Holding in North Carolina’s 2nd Congressional District election. Jon Sanders’ Daily Journal explains why North Carolina’s price gouging law makes conditions worse for…
    Mitch Kokai, September 13, 2018
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    9th Circuit Ruling Is Bad News for AFP, and for Everyone Who Cares about Donor Privacy

    Politico reports: A nonprofit group founded by conservative political megadonors Charles and David Koch must disclose its largest givers to law enforcement authorities in California, a federal appeals court ruled Tuesday. The Americans for Prosperity Foundation had argued that the state’s rules requiring filing of…
    Jon Guze, September 12, 2018
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    New Carolina Journal Online features

    Lindsay Marchello reports for Carolina Journal Online on the N.C. elections board’s fight against a federal subpoena for voting records. The Daily Journal explains that the N.C. Supreme Court has refused to serve as a weapon for pursuing partisan Democratic goals.
    Mitch Kokai, September 11, 2018
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    Cooper v. Berger et al.

    At the Federalist Society’s Docket Watch blog, Raleigh Attorney Andrew Brown has posted a nice summary of recent litigation over the proposed judicial selection amendment. Here are some excerpts: “A frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty.”  So reads Article…
    Jon Guze, September 8, 2018
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    Is the ACA in Trouble?

    That’s the subtitle of a recent Volokh Conspiracy blogpost in which Jonathan Adler discusses an Obamacare challenge that’s currently being litigated in Texas. Adler’s no fan of the Affordable Care Act. Nevertheless, as far as this particular challenge is concerned, in Adler’s view the answer is decidely, “No”:…
    Jon Guze, September 7, 2018
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    Kavanaugh Confirmation Highlights

    If you were too busy to watch the Kavanaugh confirmation hearings this week, or if you turned them off in disgust, Will Baude has posted several highlights from a surprisingly edifying exchange between Judge Kavanaugh and Sen. Mike Lee: First, there was a colloquy in which Judge…
    Jon Guze, September 7, 2018