Litigator at the Institute for Justice. Lover of freedom. Fighter of bullies. Opposer of military adventurism. (All posts have typos and express my own views.)
QUALIFIED IMMUNITY NEWS:
My @IJ colleague Daniel Nelson and I are now published in @HarvardJLPP with our article Section 1983 (Still) Displaces Qualified Immunity.
We explain how the long-lost "Notwithstanding Clause" of §1983 proves Reconstruction Congress prohibited QI.
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Americans have the right to earn an honest living.
Watch the video for one of @IJ's newest cases, challenging a government-imposed dumpster monopoly in Waxahachie, Texas.
https://t.co/YExNES97sE
Absolutely terrible. The biggest tax hike in decades, and 100% of the revenue would go to (often wealthy) retirees so that they can keep collecting more than they paid in.
Oh, and it keeps Social Security out of deficit for just 4 years. What happened to the Republican party?
We're all filed in Hadley v. South Bend.
This @IJ case asks the Supreme Court to address the circuit split over whether (and how) destructive SWAT raids are takings under the Fifth Amendment.
Hadley and its companion case, Pena v. L.A., will be on the long conference.
🚨CERT ALERT
@IJ filed 2 cert. petitions urging SCOTUS to apply the original meaning of 5th Amdt's Takings Clause and require just compensation for destructive SWAT raids.
The cases are Pena v. LA and Hadley v. SB.
The circuits are split.
2 Justices have registered interest.
And @IJ's all filed in Pena v. LA too.
Both Pena and Hadley satisfy the Supreme Court's Rule 10 standards for review.
When a SWAT team destroys a person's home or business hunting a fugitive, that's a taking for public use. The 5th Amendment requires just compensation.
We're all filed in Hadley v. South Bend.
This @IJ case asks the Supreme Court to address the circuit split over whether (and how) destructive SWAT raids are takings under the Fifth Amendment.
Hadley and its companion case, Pena v. L.A., will be on the long conference.
How useful are law school and the bar exam?
My colleagues Anya Bidwell, @DianaKSimpson, and I discuss on the latest episode of @IJ's "Unpublished Opinions" podcast.
It's the latest Unpublished Opinions, @IJ's roundtable podcast! With guest host @pjaicomo plus @DianaKSimpson & Anya Bidwell. There's much talk of state capture, the ABA, the uselessness of the 3d year of law school, & liberalism (properly understood).
https://t.co/mjhXFUrZE9
If the Court is going to nix the Bivens cause of action because it wants to be faithful to what Congress has specifically provided for, it should also end qualified immunity and be faithful to what Congress has specifically provided for in Section 1983.
New paper: every law in America is technically public. But not really, until now!
With @DenisPeskoff at UC Berkeley, we built a corpus of ~every publicly accessibly city and county law, and released a huge chunk of it!
2.2 million laws, you're (probably) covered in it!
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It’s impossible to imagine a more pro-freedom American holiday than one celebrating the end of government-sanctioned and government-enforced chattel slavery.
Juneteenth is a great holiday that everyone who values individual liberty should celebrate.
Happy Juneteenth!