Morning Docket: 12.18.18

* Michael Flynn’s going in for sentencing today. My money is on him not throwing out the plea deal over materiality. [National Law Journal] * Meanwhile, some of his old cronies have been charged for acting as illegal agents of Turkey, which is not the cooperation that’s getting the most attention, but it’s the cooperation …

Read moreMorning Docket: 12.18.18

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

Morning Docket: 12.11.18

* Supreme Court rules pose obstacles to crowdfunded amici briefs. The Court’s rules seek to limit influence purchased by shadowy, unknowable big donors. Let’s see how the Citizens United faithful react when this problem comes knocking on their door. [National Law Journal] * Meng Wanzhou’s lawyers looking to get their client out on bail as …

Read moreMorning Docket: 12.11.18

Morning Docket: 10.16.18

* Valparaiso celebrated earlier in the week after reaching an agreement to send its beleaguered law school to Middle Tennessee. Tennessee’s education officials have killed the idea of hosting another middling law school with extreme prejudice. [Chicago Tribune] * Ninth Circuit judge displays deliberate ignorance in what appears to be a looming decision to keep …

Read moreMorning Docket: 10.16.18