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. …

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Non Sequiturs: 03.10.19

* “I Thought I Could Be A Christian And Constitutionalist At Yale Law School. I Was Wrong.” So writes Aaron Haviland, a 3L at Yale Law School. [The Federalist] * But if you can survive YLS as a conservative, you might thrive in the world beyond — just ask Senator Josh Hawley (R-Mo.), who’s now …

Read moreNon Sequiturs: 03.10.19

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: 02.10.19

* Irina Manta, a recent addition to the roster of Volokh Conspirators, assesses some of the attacks leveled against D.C. Circuit nominee Neomi Rao. [Volokh Conspiracy / Reason] * In other nomination news, Thomas Jipping explains why conservatives should temper their excitement over those 44 judicial nominees who just got reported out of the Senate …

Read moreNon Sequiturs: 02.10.19

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: 01.27.19

* Regarding the nomination of Patrick Bumatay to the Ninth Circuit, “Why are Democrats fighting the judicial nomination of a qualified gay minority?” Good question! [The Federalist] * Speaking of highly qualified minority nominees under attack, Carrie Severino argues that it’s the critics of D.C. Circuit nominee Neomi Rao, not Rao herself, who are being …

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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