Scott H. Greenfield (LexBlog United States)

1904 results for Scott H. Greenfield (LexBlog United States)

  • Beyond Due Process, The Title IX Attack On Free Speech

    The Foundation for Individual Rights and Express, FIRE, which has picked up the gauntlet tossed in the trash by the ACLU on such civil liberties issues as free speech for people who don’t pray at the alter of identity politics (or donate to the ACLU), has taken up arms against the Biden administration’s proposed changes...

  • The Guns of Manhattan

    Since Heller and McDonald are the law, holding the Second Amendment’s right to keep and bear arms as a fundamental personal right applicable to the states, the only remaining question was whether a state like New York, or more to the point, a City like New York, could just say “nah,” do as it always...

  • Right Or Wrong, Dobbs Was Reckless

    Regardless of whether you support the policy choice of being for or against abortions, and for most people, it’s some more nuanced point in the middle rather than the extreme “all or nothing” position of ideologues and fools, you may well come to regret the Friday when the majority of the Supreme Court proved themselves...

  • Lhamon’s Whiplash

    As expected, the 50th Anniversary of Title IX wasn’t merely a day to remember when women got to play sports and men’s teams were eliminated because there weren’t enough women interested to align the numbers. It was the day Joe Biden’s renominated head of the Department of Education’s Office of Civil Rights would have her...

  • The Other Title IX, Reimagining Women’s Sports

    There’s no lack of discussion of Title IX of the Education Amendments of 1972, but that’s about what activists have turned Title IX into, not what it was or was meant to be. Now that it’s reached its 50th birthday, there’s some discussion of how it worked out. But in some ways, Title IX was...

  • Play In The Joints

    Given the makeup of the 6-3 decision, with the usual suspects on their expected sides, there was almost no chance that the analysis of Carson v. Makin wasn’t going to be spun into an existential crisis preceding the end of the world as we know it. The Supreme Court’s conservative supermajority effectively declared on Tuesday...

  • Tuesday Talk*: Raising The Red Flag

    I still remember the surprise when I read a post by David French promoting Red Flag Laws as the solution to gun violence. A so-called “red flag” law fills the gaps in criminal law and the laws governing mental-health adjudications by granting standing to a defined, limited universe of people to seek temporary seizure orders — called gun-violence-restraining...

  • Takeaways From 1/6 Committee’s Hearings

    Did the January 6 Committee’s public hearings do the trick? According to an ABC/Ipsos poll, it would appear to be the case, as almost 60% of those polled believe Trump committed crimes. In the poll, which was conducted by Ipsos in partnership with ABC News using Ipsos’ KnowledgePanel, 58% of Americans think Trump should be...

  • Celebrate, But How?

    When Martin Luther King Day was made a federal holiday in 1983, it was quite the controversy. When Juneteenth was made a federal holiday, there was almost no discussion. Whether that’s a sign of the change in American attitude toward recognition of slavery and the historic discrimination against black people or something else is unclear,...

  • Because You’re Not Lizzo

    When the mob descended upon someone for making what someone deemed an incorrect utterance, the target had choices. One was to shrug and let the chips fall where they may. One was to defend against the vicissitudes of the mob attempt to dictate correctness to others by fiat. And one was to apologize and repent,...

  • Seaton: In Solidarity With David Weigel

    If you’ve had better things to do over the last week or two than follow what reporters are doing on Twitter, congratulate yourself for minimizing your exposure to the shitstorm we’re going to discuss today. David Weigel is a reporter for the Washington Post. I’m not really familiar with Dave’s work, but I do know...

  • The Last Election in Otero

    It’s happening in some backwater county in a state that doesn’t even have oceanfront property, so how important could it be? The commission’s members include Cowboys for Trump co-founder Couy Griffin, who ascribes to unsubstantiated claims that former President Donald Trump won the 2020 election. Griffin was convicted of illegally entering restricted U.S. Capitol grounds...

  • Garland’s 1/6 Committee Problem

    As it happened, I caught Neal Katyal on MSNBC the other night where he tried out his “three audiences” theme to the most obedient audience possible. It didn’t work then, and it doesn’t work in his effort to manufacture an excuse for Attorney General Merrick Garland’s failure to do what he, channeling Larry Tribe, contends...

  • Tuesday Talk*: Words Even Lizzo Can’t Say

    When I asked who Lizzo was, I was informed that she was “body positive” black woman singer whose hallmarks were “twerking” and calling people “bitches.” But even LIzzo has limits,apparently. As a fat Black woman in America, I’ve had many hurtful words used against me so I overstand the power words can have (whether intentionally...

  • Free The Women

    It wasn’t that long ago when a man couldn’t use the word “girls” without being conclusively deemed sexist. But that was then, and this is now. Michael Powell did something exceptionally risky for a New York Times reporter. He used the word “women.” The American Civil Liberties Union, whose advocacy on reproductive rights is of more...

  • What’s Wrong With Quiet Enjoyment?

    In the aftermath of the overwhelming recall vote of Frisco DA Chesa Boudin, progressive activists have argued vehemently that the voters were wrong. They bring up crime stats. They compare San Francisco with other cities and states where tough-on-crime prosecutors are in office and Republicans in control to show that the “explanations” are false, promoted...

  • Washington State Holds Race Matters For Seizure

    In 1996, SDNY Judge Harold Baer caused a shitstorm when he held that not only was it not suspicious when a black or Hispanic guy ran from, rather than complied with, a cop, but the only reasonable thing to do. Running away from cops is what any reasonable black guy would do if he doesn’t...

  • Short Take: Rationalizing Kavanaugh’s Assassination

    Did you know that a mentally ill man from California traveled to the Maryland neighborhood of Supreme Court Justice Brett Kavanaugh to kill him? By now, you probably do, or at least  you’ve heard passing mention of it. It’s not as if he succeeded and a justice was assassinated. Simi Valley resident Nicholas Roske, 26,...

  • The House Puts On Its Show

    Tonight, the House of Representatives January 6 Committee will go prime time in its effort to provide a compelling TV viewing experience. Why? What is the Jan. 6 committee for? Committee members and Democratic operatives have been telling reporters what they hope to achieve with the hearings that begin Thursday evening. My Times colleagues Annie...

  • Chesa Boudin, Recalled

    Of all places, San Francisco, where people trip over each other to be ever-more-progressive and empathetic, Kathy Boudin’s little boy was recalled from his office of district attorney. Why? What does this mean? How could this happen? The vote wasn’t close. Chesa Boudin was crushed, 60%-40%, which was in most ways shocking as he did...

  • Short Take: Hochul Outlaws Online “Hateful Conduct”

    Having never been elected governor, or indeed being known outside upstate Erie County, New York’s default governor, Kathy Hochul, is desperately trying to create the impression that she deserves the party’s nomination as the faux-incumbent in the upcoming gubernatorial primary by trying to turn Buffalo to her advantage. First, there are the ten new anti-gun...

  • Ilya Shapiro’s Hard Choice

    As David Bernstein notes, the four months it took for Georgetown Law to “investigate” Ilya Shapiro’s two twits was longer than most Supreme Court nomination hearings, excluding Merrick Garland since he was never given a hearing. Ilya called the twits “inartful,” which they certainly were, but “reckless” would be a better characterization, which is what...

  • Tuesday Talk*: Can White Lawyers Defend?

    Maud Maron was a career public defender with the Legal Aid Society and, as one might expect, quite progressive in her leanings. But what she was not, as became fashionable on the fringe, was “anti-racist.” This was reason enough for LAS and the Black Attorneys of Legal Aid to attack, and claim she could not...

  • Heard About The ACLU’s Bad Amber Day?

    While I’ve chronicled the ACLU’s very deliberate fall from grace, as it persists in reminding us about its defense of Skokie Nazis that happened a mere 44 years ago, I didn’t follow the defamation trial of Johnny Depp (or “Derp,” as a very serious Stanford law professor calls him) and Amber Heard over an op-ed...

  • Life, Liberty And The Pursuit of Innocence

    Writing for the majority of six in Shinn v. Ramirez, Justice Clarence Thomas echoed a position expressed by Justice Antonin Scalia and Chief Justice William Rehnquist before him. Innocence is not a reason not to execute a human being. This Court has never held that the Constitution forbids the execution of a convicted defendant who...

  • Cop Cars and Cash Machines

    When C.J. Ciaramella wrote about the story of Justyna and Matt Kozbial’s building being seized for forfeiture by Highland Park, Michigan, it evoked a curious reaction. It wasn’t just the outrage about the ordinary scheme of civil in rem forfeiture, the taking of “things” the government claims was used in or derived from crime. That’s...

  • When “Any Person” Is Close Enough

    Ben Domenech made a joke on the twitters after the employees of Vox, a media outlet with what some might call a different political orientation than the Federalist, where Domench is in charge, unionized. FYI fdrlst first one of you tries to unionize I swear I’ll send you back to the salt mine. The National...

  • Do Concepts Really “Creep”?

    Two phenomena have made understanding of the law, and discussion about the law, very difficult over the past decade. The first involves words which are untethered from discrete definitions such that they encompass vague senses of what they mean, maintaining their negative connotations while becoming sufficiently meaningless to encompass whatever a person chooses to impute...

  • Short Take: Laws In Lieu of Norms

    Unwritten rules? There is no law that says you can’t wear a hat indoors, and yet it’s considered bad form. Who decided this? Why? Why should anyone today follow this arcane etiquette when they can just do whatever they please. Power to the people! But consider the disastrous effects when citizens grow hostile to society’s...

  • To Punish Joshua Katz, Anything Will Do

    It was a bold move, writing for the “dark web” publication, Quillette, when you’re a professor at a school like Princeton at a time when your campus is in upheaval following George Floyd’s murder and the ensuing protests, open letters and “anti-racist” demands. But tenured classics prof Joshua Katz did it anyway. In Princeton, New...

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