Non Sequiturs: 03.17.19

* With Justice Anthony M. Kennedy off the Supreme Court, who has replaced him as the justice most often in the majority? The answer might surprise you (but note that this is based on only part of the Term). [Empirical SCOTUS] * Speaking of SCOTUS, what does its recent copyright ruling in Fourth Estate v. …

Read moreNon Sequiturs: 03.17.19

Non Sequiturs: 03.03.19

* Several weeks after its release, Over My Dead Body, Wondery’s new podcast exploring the Dan Markel case, continues to top the podcast charts — and creators Matthew Shaer and Eric Benson have some thoughts on why the case has seized the public imagination. [Inside Edition] * The Keith Tharpe case, far from representing an …

Read moreNon Sequiturs: 03.03.19

Non Sequiturs: 02.17.19

* I share Allahpundit’s take on the retirement buzz around Justice Clarence Thomas (recently discussed by Jeffrey Toobin, but also in the air at last November’s Federalist Society conference): it’s certainly possible, and if it happens, Judge Amy Coney Barrett and Judge Amul Thapar are the two top picks. [Hot Air]

* And Judge Barrett is protecting her prospects for Supreme Court confirmation: she just joined the opinion of a fellow shortlister, Judge Diane Sykes, that dutifully applies Hill v. Colorado, the shaky but not-overruled Supreme Court precedent about free-speech rights outside abortion clinics. [Bench Memos / National Review]

* Speaking of SCOTUS, which amici boast the best track recorders in filing certiorari-stage amicus briefs in business cases? Adam Feldman crunches the numbers — and the dominance of the U.S. Chamber of Commerce should come as no surprise. [Empirical SCOTUS]

* And speaking of the Chamber, it also seems to be making progress on its goal of forcing more disclosure of litigation-funding arrangements, with the reintroduction of the Litigation Funding Transparency Act (LFTA). [Institute for Legal Reform]

Read moreNon Sequiturs: 02.17.19

Non Sequiturs: 02.03.19

* How have personnel changes at the Supreme Court affected the dynamics at oral argument? Adam Feldman offers this analysis. [Empirical SCOTUS] * Ed Whelan expresses relief over the White House’s new slate of Ninth Circuit nominations. [Bench Memos / National Review] * Can President Trump declare a “national emergency” in order to build his …

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Non Sequiturs: 01.20.19

* Adam Feldman explores the possible effect on the Supreme Court of replacing Justice Ruth Bader Ginsburg with a staunch conservative — e.g., Judge Amy Coney Barrett. [Empirical SCOTUS] * Speaking of SCOTUS, here’s Ilya Somin’s read of the tea leaves in Knick v. Township of Scott, an important Takings Clause case.  [Volokh Conspiracy / Reason] …

Read moreNon Sequiturs: 01.20.19

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