“The First Amendment Right to Affirmative Action”: Law professor Alexander Volokh has posted this article at SSRN.
The article’s abstract begins, “In the wake of Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, affirmative-action proponents should pursue a First Amendment approach. Private universities, which are speaking associations that express themselves through the collective speech of faculty and students, may be able to assert an expressive-association right, based on Boy Scouts of America v. Dale, to choose their faculty and students. This theory has been recently strengthened by 303 Creative LLC v. Elenis.”
“A Response to Professor John Mikhail on ‘Officers of the United States’ — Part II; The issues, arguments, and evidence raised by Mikhail have already been addressed by extant scholarship, including our scholarship; Mikhail’s arguments and evidence were not ‘ignored or overlooked’”: Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy.”
“Ninth Circuit to rehear Hawaii butterfly knife ban; A full Ninth Circuit restored Hawaii’s 1993 ban on use of butterfly knives and agreed to take on an appeal of another decision that said the knife falls under the Second Amendment”: Candace Cheung of Courthouse News Service has this report.
“Some Idle Speculation About What the Supreme Court Will Do About Trump’s Request to Put His Election Subversion Case on Hold on Immunity Grounds; It’s Potentially Good News for a Trial This Spring/Summer”: Rick Hasen has this post at his “Election Law Blog.”
“Trump’s Wild Pursuit of Presidential Immunity: The former President has already lost the immunity case twice, but he has also won something.” Amy Davidson Sorkin recently had this Daily Comment online at The New Yorker.
“The Biggest Supreme Court Case That Nobody Seems to Be Talking About”: Law professor Richard L. Hasen — founder of the “Election Law Blog” — has this Jurisprudence essay online at Slate.
“While eyes are on Trump, Supreme Court conservatives prepare to rewrite the rulebook”: Joan Biskupic of CNN has this news analysis.
