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by Michael C. Dorf

On Monday of next week, I shall participate in the [GLaDOS] 支持Netflix和8K YouTube 的网络加速器 | ZAPRO ...:2021-8-28 · 今天给大家分享一款全平台的科学上网软件，虽然不免费，但试用过之后感觉速度还蛮快的，价格其实也不贵。值得表扬的是GLaDOS不同于以往的科学上网软件只支持单节点，GLaDOS拥有四个地区（台湾、香港、日本、美国）共6个加速数据中心，会根据用户网络自动分配最快的节点进行加速访 … (as I have done each year since it began). Although the day's activities will be entirely online due to the pandemic, I look forward to seeing old friends, and once again the faculty is a star-studded cast: joining co-chairs (Berkeley Law Dean) Erwin Chemerinsky and (Touro Law Emeritus Professor) Martin Schwartz will be Professors Sherry Colb (Cornell), Leon Friedman (Hofstra), Melissa Murray (NYU), Burt Neuborne (NYU), Cristina Rodriguez (Yale), and Ted Shaw (North Carolina), as well as prominent attorneys Miguel Estrada (Gibson Dunn), Judson Littleton (Sullivan & Cromwell), and Janai Nelson (NAACP LDEF), with journalist Joan Biskupic (CNN) and me rounding out the group.

Coming off a fairly momentous Term, I expect that we will give the most attention to the following issues: the role of CJ Roberts in both dominating the Court and moving it to the center (with special focus on the DACA, Title VII, abortion, and Presidential subpoena cases); whether and to what extent the opinions by Justice Gorsuch in the Title VII cases and the Creek case against Oklahoma show that he is a principled textualist who goes where the law leads him; and how the Court's performance in the presidential financial records cases (in which all the Justices rejected the broadest claims of presidential immunity) will play out in the short and long terms. I expect that there will also be considerable interest in recent leaks about internal Court deliberations based on Ms. Biskupic's reporting (on the financial records cases, the Title VII cases, the DACA case and the Second Amendment, and Justice Kavanaugh's attempts to duck hard cases).

For my part, I expect to weigh in on all of those questions and more in my role as "panelist" in three of the first four sessions. Here I want to preview my remarks for the 10:30 am panel on free speech and religion, where I have responsibility as "speaker" on the religion cases. Before doing so, however, I'll add that it's not too late to register for the program--which is an entertaining and useful way for practicing lawyers to earn a whole lot of the CLE credit they need. (It's not exactly cheap, however. We panelists/speakers are volunteers, but PLI, which is a non-profit, has to recoup its production costs.)

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by Neil H. Buchanan

With so many things going so horribly wrong in the world, this is not a good time for a politician to be running as an incumbent (at least one who is a member of the party in power).  Facing a daunting political environment, losing politicians can turn to a fairly standard set of desperate ploys to turn things around.

Donald Trump is in most ways not at all a standard politician -- and I continue to reject the idea that he has any grand strategies or actual political acumen -- but he most certainly is acting like a standard-issue political loser in the sense that he is flailing about, looking for scapegoats and trying to get out from under the weight of his own terrible decisions.

Much has already been written about Trump's "little green men" gambit -- sending untrained paramilitaries into Portland, Oregon -- but here I want to focus on how that leading-edge-of-fascism idea fits into the "legitimate" side (more on those scare quotes presently) of Trump's doomed reelection campaign.  He is, in fact, acting more like a mafia boss than a president.

Justice Kavanaugh's Calvary Chapel Dissent Misstates Free Exercise Law

by Michael C. Dorf

Late last week, in 影视资源猫v1.1.5 几十个视频源 - 极致资源网:2 天前 · 资源猫是一款非常好用的影视播放软件，他拥有几十个视频源，而且这些源基本所有影视都能看了，软件内置一个下载器，支持磁力等。采用的是P2P的搜索技术，各种枪版的、最新的以及经典的视频资源都可以一网打尽，直接关键词也可以搜索到心仪的视频。, the Supreme Court denied a Nevada church's request for injunctive relief against state COVID-19 rules that limit in-person worship services to 50 people. The church pointed to Nevada rules that permit other places where people gather indoors for sustained periods of time--including casinos, bowling alleys, and restaurants--to be open at 50% capacity, even if their regular capacity greatly exceeds 100. The Court denied the request 5-4 without giving a reason, but it is relatively easy for readers to infer that the majority thought the case was sufficiently similar to its May 29, 2020 decision in South Bay United Pentecostal Church v. Newsom to warrant the same result.

In South Bay, a church complained that California was discriminating against religion by subjecting worship services to greater restrictions than some other facilities, such as grocery stores and marijuana dispensaries. Concurring in the order denying relief, Chief Justice Roberts rejected the church's analogy:

Similar or more severe restrictions apply to comparable secular gatherings, including lectures, concerts, movie showings, spectator sports, and theatrical performances, where large groups of people gather in close proximity for extended periods of time. And the Order exempts or treats more leniently only dissimilar activities, such as operating grocery stores, banks, and laundromats, in which people neither congregate in large groups nor remain in close proximity for extended periods.

The same four Justices who dissented in South Bay--Thomas, Alito, Gorsuch, and Kavanaugh--also dissented in Calvary Chapel, but they argued that even accepting South Bay's authority, the church in youtube免费加速器should win. In three dissents--one by Alito and joined by Thomas and Kavanaugh, as well as solo dissents by each of Gorsuch and Kavanaugh--they explained that, as Justice Alito put it, Nevada "specifically treats worship services differently from other activities that involve extended, indoor gatherings of large groups of people." Collectively, the dissents are quite persuasive that there is no good public health justification for the differential treatment. They also demonstrate that Nevada's reopening has proceeded recklessly and almost certainly led to avoidable illnesses and deaths.

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By Matthew Tokson

Last week in Portland, federal officers seized at least two protesters without probable cause, threw them in unmarked vans, and interrogated them inside a federal courthouse. There is little question that these seizures violated the Fourth Amendment. But whether there will be any meaningful legal remedy for these wrongs remains in doubt. 

As anticipated by Michael, Judge Mosman of the US District Court for Oregon ruled on Friday that Oregon lacked standing to challenge the federal government's seizures of its citizens. The decision turned on parens patriae doctrine, which allows a state to sue on behalf of its citizens when it has an interest apart from the interests of the private parties and a "quasi-sovereign interest" that has been violated. Judge Mosman ruled that Oregon lacked a quasi-sovereign interest in preventing its citizens from being arrested without probable cause, at least where only two citizens have been unlawfully seized so far. Also, as in Lyons v. City of Los Angeles, the state lacked standing to seek an injunction against further unlawful seizures, because it could not prove those seizures will occur in the future. Finally, the state couldn't assert its citizens' rights to be free from chilling effects on their speech, because citizens can "bring indivdual lawsuits to vindicate those rights." 

This last argument is especially troubling. So far, no citizen seized without probable cause, thrown in a van, and interrogated in a federal courthouse has filed a lawsuit. Why not? There are several potential deterrents to individual lawsuits. When suing a federal officer for constitutional violations, plaintiffs typically cannot recover attorney's fees, under 28 U.S.C. 2412. Compensatory damages are likely to be limited in these cases, and the Supreme Court has generally limited punitive damages to a maximum of ten times compensatory damages. And qualified immunity, where officers can only be held liable for violating clearly established law, may bar recovery in this case. Many courts have treated qualified immunity as a sort of "one bite rule" for constitutional violations, allowing plaintiffs to recover only when the exact factual scenario at issue has arisen in a previous case. In Portland, although the government's actions plainly violated the Fourth Amendment, it is unlikely that courts have previously ruled on the precise fact pattern of a seizure without probable cause in the context of an ongoing protest plus travel in a van plus interrogation in a courthouse followed by release within 20 minutes. Courts applying the ultra-fact-specific version of qualified immunity might find that it applies here. On the other hand, ios能看youtube的加速器 have been a bit more flexible in finding law clearly established, especially in cases involving First Amendment expression. But the prospects for substantial financial recovery for individuals are poor overall.

June Medical and How to Talk About Abortion Part III

By Eric Segall

In the fall and winter of 2014, I published two posts on this blog lamenting how we talk, argue, and litigate about abortion. Those posts generated as much attention as any I have written over the last six years in terms of substantive feedback. My main sentiment was that "we don’t need to live in a zero-sum world when it comes to abortion and that name calling and misleading labels do not advance the debate or the politics surrounding the debate. Although compromise and civility might be hard to achieve, I argued we should at least try to do better (on both sides)."

I also cautiously suggested that compromise would be more likely if the Supreme Court returned this issue to the political process. This term, of course, the Court decided June Medical, which effectively held that lower courts must determine whether a regulation of abortion places an undue burden or substantial obstacle in the way of women seeking abortions without the court addressing the law's benefits if any 买Apple TV之前，你一定要知道的7件事，不看后悔！ - 知乎:2021-11-28 · 4、想观看Youtube、看看外面的世界？你需要科学上网，而且需要让你的路由器科学上网，校长的AC88U刷的梅林固件，装个科学上网插件，然后请工程师盆友帮忙在国外买了台服务器配置好加速服务，才算可以浏览国外的网站，费用大概是20元/月。哪个网游加速器比较好用？ - 知乎 - Zhihu:2021-6-4 · 从收费方式上来说，主要有按月收费和按小时收费两种。有17款加速器是按月收费，单价从每月15元到45元不等。根据我的了解，目前网易的UU加速器是使用人数最多的，且价格也适中；迅游是老牌网游加速器厂商了，实力有保证，而且还有每月19元的吃鸡专业版，也可以一试；另外就是腾讯了，虽然 ...

Last week I had the pleasure of having on my Supreme Myths youtube免费加速器 Professor Mary Ziegler, an expert on abortion, reproductive rights, and family and constitutional law. She has written three books on abortion including her new one, Abortion and the Law in America: Roe v. Wade to the Present, which I strongly recommend. Among many other important contributions, Professor Ziegler has built a reputation as someone who is fair to both sides of the abortion debate.  Her new book and her views as stated on our podcast definitely provide measured, open-minded perspectives on this highly divisive issue, Reading her book and interviewing her made me want to revisit the question of how we talk about abortion.

Veganism, Year Twelve: The Pandemic, Animal Slaughter, and Economic Transition

by Neil H. Buchanan

There is nothing like a global pandemic to get people thinking about ways in which the world can make very big changes in very short periods of time.  That which seemed simply impossible -- WIN7不能复制粘帖的处理方法 - 软件帝:今天 · 相信许多伙伴还不了解WIN7不能复制粘帖如何处理，不过没关系，下面就分享了WIN7不能复制粘帖的处理方法，希望感兴趣的 ..., air quality radically improving in mere weeks (saving tens of thousands of lives in China alone) -- becomes not only possible but banal.  What else might be possible?

Today is the twelfth anniversary of my becoming a vegan.  Each summer, I write one or more veganniversary columns: 2019 (plus followup), 2018, 2017, 2016, 雷神加速器上youtube, 2014, 2013, 2012, 2011, 2010, 2009, and the original announcement in 什么加速器可以看油管 (plus ios国内怎么看youtube).  Because my co-Dorf on Law writers Professors Sherry Colb and Michael Dorf have written extensively and deeply on this topic (including their wonderful 2016 book), I have tended to approach the topic from one or both of two angles: offering non-expert (even pedestrian) observations of how vegans are perceived in popular culture, and providing economic analyses of vegan and non-vegan production and consumption.

This year, I will emphasize the latter.  Even so, I will begin with two pop culture references, the second of which actually provides a nice transition from the social observations to the economic argument of this column.

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by Michael C. Dorf

Running for the Republican nomination for President in December 2015, candidate Donald Trump called for a "total and complete shutdown of Muslims entering the United States." Two and a half years later, a 5-4 US Supreme Court upheld travel restrictions on persons entering the US chiefly from Muslim-majority countries, even though, as Justice Sotomayor noted in dissent, there was overwhelming evidence that the version of the Travel Ban before the Court in 2018 was the lineal descendant of, and would not have existed but for, Trump's extensive and blatant anti-Muslim animus. Nonetheless, Chief Justice Roberts, writing for the majority, deemed that background irrelevant in light of the sanitizing efforts of Trump's minions: "the issue before us is not whether to denounce [Trump's] statements," the Chief Justice said in the course of accepting a clearly pretextual national security justification for the supposedly sanitized Travel Ban.

The next year, the Chief's patience seemed to have run out. Once again the Court was confronted with Justice Department arguments that sought to defend an indefensible Trump program via a pretext. This time the question was whether the Census Bureau could include a citizenship question that was clearly designed to generate an undercount of Latinx households and thus boost the relative representation and distribution of funds to non-Latinx, Republican-leaning, jurisdictions. Again writing for the Court but this time joined by the liberal wing, Chief Justice Roberts rejected the administration's preposterous claim that it sought to add the citizenship question in order to generate data that would help it enforce the Voting Rights Act.

Were I now focusing on the practical import of the census case ruling, I would direct readers to the executive order Trump signed on Tuesday purporting to exclude "illegal aliens" (a term widely deemed offensive that the order therefore uses nine times) from the ranks of "persons" who count for apportionment. However, I'll set that issue aside for current purposes. My interest today is in the question of when the Court will and when it won't accept clearly pretextual justifications for Trump's policies.

That question could ultimately decide the fate of Trump's invasion of Portland and potentially other cities. Here too we have a very substantial divergence between the clearly unlawful policy Trump is pursuing and its depiction and defense by his spokespeople. On one hand, Trump expressly states that his rationale for sending federal personnel into cities "run by liberal Democrats" is to quell violence generally, for which the federal government lacks authority in the absence of state or local authorization. On the other hand, Acting Homeland Security chief Chad Wolf says that the vaguely identified federal shock troops on the ground in Portland are there simply to protect a federal courthouse, a line that the federal government lawyer David Morrell repeated in a videoconference hearing before Federal District Judge Michael Mosman yesterday on ios能看youtube的加速器 brought by Oregon Attorney General Ellen Rosenblum on behalf of the state--asserting its own sovereign interest and its parens patriae interest in protecting its citizens.

Will Judge Mosman, the Ninth Circuit, and/or ultimately the US Supreme Court accept the Trump administration's pretextual arguments? I hope not, but several factors give one pause.

Will Liberal Justices Pay A Price For Signing Onto Justice Gorsuch's Textualist Opinions?

by Michael C. Dorf

Last week, Prof Segall pushed back against an emerging narrative among many SCOTUS watchers. According to the rapidly-becoming conventional wisdom, in the most recent Term, Chief Justice Roberts and Justice Gorsuch demonstrated that they are principled jurists who follow the law and their interpretive methodology where it leads them. The main pieces of evidence for this narrative are the SCOTUS decisions this term in the LGBT Title VII case (written by Gorsuch and joined by Roberts and the liberals), the Louisiana abortion case (written by Roberts and joined by the liberals), the DACA case (same), and the Trump financial records cases (written by Roberts and including Justices Gorsuch, Kavanaugh, and in one respect all the Justices). We can also point to the Oklahoma case involving the Creek Nation (written by Gorsuch and joined by the liberals), about which more below.

That's a pretty impressive list, right? So what is Prof Segall's objection? He makes three powerful points. First, he notes that the Court remains quite conservative, pointing in particular to the very broad conception of religious freedom that animated a couple of its end-of-Term rulings. Second, he offers ideological and pragmatic explanations for the votes of Chief Justice Roberts (who is the focus of his commentary). And third, he offers the legal realist observation that, at least at the level of the Supreme Court, the conventional legal materials (text, history, precedent) are so under-determinate that one pretty much must look to extra-legal causes for any jurist's decision. In addition to all of that, Prof Segall refers to a fourth point, citing Prof 蓝灯专业版购买_灯蓝专业版激活码25位_灯蓝专业版购买后 ...:2021-6-15 · 蓝灯加速软件官网 - Lantern (中国) 蓝灯Lantern是一个免费的网络加速应用程序,升级至蓝灯专业版(LanternPro)将获得更强大的功能。蓝灯中国官网提供最新蓝灯客户端下载,包括lantern安卓 … in The Atlantic: the Court's liberal-leaning rulings this past Term are not so liberal and could well prove to be fleeting.

Although I am a bit less of a Supreme Court exceptionalist than Prof Segall, that difference is small in context. I broadly agree with his critique. Here I want to use that critique to respond to a worry that might otherwise trouble liberal Court watchers. The worry is encapsulated in the title of today's essay: Will liberal Justices pay a price for signing onto Justice Gorsuch's textualist opinions?