Non Sequiturs: 01.13.19

* A happy 200th birthday to Cravath, which celebrates its bicentennial in 2019 (and which has launched a sharp-looking, historically rich microsite for the occasion). [Cravath/200] * According to Dayvon Love, “the policy response from mainstream political institutions and the Democratic Leadership in Maryland to the issue of gun violence and homicide in the Black …

Read moreNon Sequiturs: 01.13.19

Non Sequiturs: 12.16.18

* In case you missed it (the news broke on Friday night), Judge Reed O’Connor (N.D. Tex.) held that the Affordable Care Act aka Obamacare is unconstitutional, in the wake of last year’s tax reform that reduced the ACA’s “shared responsibility payment” for lacking health-care coverage to zero. [MedCity News]

* Josh Blackman agrees with Judge O’Connor the constitutionality of the individual mandate, but disagreed with his severability analysis. [Reason / Volokh Conspiracy]

* Meanwhile, fellow Volokh Conspirator Samuel Bray is glad that the court didn’t issue a national injunction. [Reason / Volokh Conspiracy]

* Adam Feldman takes a closer look at the Federal Circuit’s relationship to the Supreme Court — including which members of the Federal Circuit are most frequently vindicated by SCOTUS. [Empirical SCOTUS]

Read moreNon Sequiturs: 12.16.18

Non Sequiturs: 12.09.18

* A fantasy from the fevered imagination of Lawprofblawg: playing the role of the Grinch who stole meetings. [Lawprofblawg] * Joel Cohen wonders: should jurors be instructed about the possible inaccuracy of descriptions of forensic evidence in “cop show” television programs? [Law and Crime] * David Oscar Markus isn’t afraid to take on tough cases …

Read moreNon Sequiturs: 12.09.18

Non Sequiturs: 12.02.18

* What are expert advocates’ secrets to cert success? Adam Feldman’s very interesting analysis suggests that using certain buzzwords in a petition might help. [Empirical SCOTUS] * Ilya Somin points out this fun depressing fact: one of the plants that General Motors will be closing sits on land seized in a controversial taking that forcibly …

Read moreNon Sequiturs: 12.02.18

Non Sequiturs: 11.04.18

* A fun bit of trivia (via Adam Feldman): which Supreme Court justice cites law review articles most often? (Hint: he does so a lot in dissent.) [Empirical SCOTUS] * Charles Glasser argues that Senator Claire McCaskill — who’s in a tough reelection fight against a former SCOTUS clerk, Josh Hawley — advocates a move …

Read moreNon Sequiturs: 11.04.18

Non Sequiturs: 10.28.18

* Adam Feldman identifies eight issues where widely divergent state laws could lead to Supreme Court intervention. [Empirical SCOTUS] * Jonathan Adler wonders why it took so long for NBC to report on the inconsistencies and discrepancies in the allegations that Julie Swetnick made against Justice Brett Kavanaugh. [Bench Memos / National Review] * It …

Read moreNon Sequiturs: 10.28.18

Non-Sequiturs: 10.14.18

* Adam Feldman examines the historical record to look at how Justice Brett Kavanaugh’s brutal confirmation process could affect his jurisprudence. [Empirical SCOTUS] * And Joel Cohen looks at how Justice Kavanaugh’s confirmation fight might affect his judging of the accused. [Law and Crime] * Meanwhile, David Oscar Markus argues that criminal defendants in federal …

Read moreNon-Sequiturs: 10.14.18