Important decision from SCOTUS in NRA v. Vullo. Holds that the NRA plausibly alleged that goverment violated the First Amendment by coercing regulated entities to terminate their business relationships with the NRA in order to punish or suppress the NRA’s gun-promotion advocacy

Many thought NRA v. Vullo case and Murthy might be decided together. Today we get unanimous Vullo opinion by Sotomayor, but no Murthy opinion. I suspect this means latter is not unanimous.

In the last opinion of the day in Thornell v. Jones, SCOTUS 6-3 holds that 9th CA misinterpreted and misapplied Strickland. This reverses the decision which had held that defendant's Sixth Amendment right to counsel was violated during the sentencing phase of his capital trial.

Thomas upholding the constitutionality of the CFPB and Sotomayor writing a unanimous opinion for the NRA in a 1st Amendment case are two big blows against those who would like you to believe that the Supreme Court is a compromised political body and needs to be reformed.

Dostoevsky said it first.

Florida 3rd DCA rejects invitation to recognize common law duty of an employer to run a background check on employees who will be operating a vehicle. Case involves an accident caused by a day laborer who was driving without a license.

Mexico: Polls have begun to close in today's federal, state, local and legislative elections. They will finish closing in the entire country in around 2 hours and we will learn preliminary results shortly after. #Mexico #EleccionesMéxico2024 #Elecciones2024MX

Virtue ethics works, which means that if you act in Machiavellian ways in order to gain political power for Aristotelian ends, by the time you get power you will no longer be the kind of person who is able to choose to exercise it well.

We’re hiring both entry level and lateral FSU College of Law. Looking for criminal law/procedure and international law among other subjects. Happy to talk to anyone interested in joining our wonderful faculty!

Quick note on SCOTUS. This term there have been 25 unanimous opinions out of 35. Looking back, the last time there was this level of unanimity (71.4%) in the first 35 opinions was in 1982 (74.3% of the first 35). That means before Roberts or Rehnquist were Chiefs.

In Latin countries it is hard to escape the feeling that Anglo-Saxons have taken the wrong path: overrating the importance of commerce, science and technology as compared to conviviality, art and religion. (Our greatest British and American visionaries have often said this.)

And the 2023 Supreme Court Review is here! cc Cass Sunstein Rebecca Tushnet Jack Goldsmith Danielle Citron Stephen E. Sachs Julia D Mahoney

Dostoevsky understood people so well, it's ridiculous:

Not to be that guy, but my article Neoclassical Administrative Law (Harvard Law Review) is a good guide for the framework the Chief used in his decision overruling Chevron. papers.ssrn.com/sol3/papers.cf… 🧵

Prof. Vermeule is essential reading today.

Happy to get a ‘Highly Recommended’ on this short introduction to Common good Constitutionalism ⬇️

my latest, "The Military's Constitutional Role," forthcoming N.C. L. Rev., attempts to ground "civ-mil" theory from political science field in political/legal theory

Please help spread the word if you want more content!

The coming days will be critical in Venezuela. On Sunday, voters have a chance to elect a new leader who could put an end to the long-standing Chavista regime. Maduro, in response, has threatened a “bloodbath” if he’s not elected.