A preview of this morning's #SCOTUS grant is below: whether federal election law pre-empts state laws allowing absentee ballots cast before election day to arrive a few days after it.

All eyes are on #SCOTUS this morning because of this week's sole relist: Whether federal law pre-empts state laws allowing absentee ballots cast before election day to be received for a few days after it. This strikes me as a likely Friday/Monday grant. www.scotusblog.com/2025/11/the-...

An interesting history of how then-law-clerk John Roberts was involved in the Dames & Moore case at the center of the upcoming tariffs argument. Fun fact: Roberts studied for the bar w/counsel to the challengers, Michael McConnell. www.cnn.com/2025/10/29/p...

Friday's (or Monday's) #SCOTUS grants? The government petitions to review a decision striking down on 2d Amendment grounds a law prohibiting gun possession by controlled substance users. And another colorable grant on the scope of judicial estoppel. www.scotusblog.com/2025/10/cont...

The Court granted review on Hunter v. US, previewed below. Note in particular the last line of my write up.

Today's/Monday's #SCOTUS grants? Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, &Feres doctrine. www.scotusblog.com/2025/10/the-...

This week's installment was delayed because I had an argument in New Orleans Tuesday morning, then travelled up to Maine for Damariscotta's annual Pumpkinfest. My feed will transition from legal topics to oversized gourds shortly after 10 or 11 am.

#SCOTUS relisted 17 cases this week! Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, AEDPA, and the ever-resilient Feres doctrine.

In an earlier trial, the judge repeatedly said "I would urge government to continue their investigation" of doctors, voicing "hope" govt "pursuing … the corrupt doctors," including Dowd. Govt indicted & case assigned to different judge. On Govt motion, 1st judge presided over case he'd "urge[d]."

Remarkable. The government made no public filing, just emailed judge asking for restitution. Without waiting 14 days court rules provide, judge entered $8.5 restitution order on day 10 without hearing from the defendant. 2d Circuit said that was consistent with Due Process. What will #SCOTUS do?

My first Volokh Conspiracy post in over 11 years: reason.com/volokh/2025/...

Dear pierogi man: I am *extremely* licensed in Massachusetts and would love to try a case in Dukes county, during the two months court is in session there. I am 5-0 for trials since they restarted after the pandemic and the last two cases I defended resulted in an award of fees for my client.

Tonight's walk. Pemaquid Point ME lighthouse.

Today's earworm. youtube.com/watch?v=5jp_...

Today's earworm: "Gold Rush" by Lucius. youtu.be/wQ-jTdRPA48?...

This guy showed up in my backyard just a couple days late.

And there they are: #SCOTUS has added transgender sports cases, a Heck v. Humphrey case, and state sovereign immunity cases.

Thursday's #SCOTUS grants? Court appears to have relisted the 3 transgender sports cases--potential blockbusters; a parental notification abortion case; 3 interesting state sovereign immunity cases; & 2 cases about using Section 1983 to challenge laws w/o vacating your conviction under them first.

Interesting that Justice Kavanaugh had two majority opinions for April and Justices Kagan and Jackson had none. They must have been assigned the ill-fated LabCorp and St. Isidore cases.

From Consumers Research today: Justice Kavanaugh, who called for reconsideration of nondelegation doctrine, has made his peace with the "intelligible principle" standard. He makes explicit what some have speculated: Justices think major questions doctrine has mitigated risks of expansive delegation.

Supreme Court will have its final rulings of the term, including birthright citizenship, on Friday.

Here's my preview of what I think may be Monday's #SCOTUS grants. They include a potential campaign finance blockbuster, where the Court may overrule a precedent about coordinated spending. Plus another election law challenge, a civ pro case, and immigration. www.scotusblog.com/2025/06/a-bl...

I'll be posting less, as the ex-Treasury Secretary has written me from the future (24/7/2025) using abdullahianas468's gmail account to give me $30.000,000 dollars. As usual when claiming a totally legitimate government benefit, all I have to do is send her a $150 Apple gift card.

The case I called "a likely grant" two weeks ago was granted today. One of the more interesting cases on for #SCOTUS argument in the fall. Click the link below for a preview.

Like most people, I spent my Friday night reading the day's Supreme Court opinions. And based on decisions that are out so far, I suspect Texas is going to like the outcome of Free Speech Coalition v. Paxton.

See this week's Relist Watch. Come Monday, Bivens may be due for another smackdown/trimming (or perhaps worse).

Ah hmm interesting reading the opinion in Fuld and what's this? The Chief citing the US brief citing my brief! That's a double citation now I have gained the power to EAT ALL OF YOUR SOULS.

I think we have some likely #SCOTUS grants in this week's post, involving (1) whether RLUIPA religious-liberty plaintiffs can pursue damages against officials personally, and (2) whether Bivens is due for another setback (or to be overruled entirely). www.scotusblog.com/2025/06/rlui...

There are no newly relisted cases this week, but at the risk of mission creep, I preview a likely #SCOTUS grant involving possible constitutional limits on giving money damages for infringing religious exercise. The case of the shaved dreadlocks. www.scotusblog.com/2025/06/miss...

Three of Friday's #SCOTUS grants were previewed in last week's post; the fourth was previewed back on May 29th. The part I'm proudest of concerned the dispute over whether Carter v. US or Rutherford v. US was the better vehicle to address this newest "compassionate release" issue:

don't sleep on that PA independent state legislature theory case

Monday's #SCOTUS grants? More on the compassionate release statute; a challenge to a Pennsylvania Supreme Court ruling on ballot counting; a federal removal case; & time limits on challenging void judgments. There are some very likely grants this week! www.scotusblog.com/2025/06/comp...

Three of today's #SCOTUS grants were previewed in last week's post: both gov't contracting cases & case involving standing to challenge laws concerning ballot counting. 4th--involving constitutionality of warrantless entry when police suspect occupant may attempt suicide--was previewed 2 weeks ago.

In St. Andrews, Scotland for a few days. An incredibly pretty small town with some amazing details if you keep your eyes open.

Monday's #SCOTUS grants? Two cases involving government contractors’ defenses to tort suits; standing to challenge laws permitting ballots to be returned post-election; and the Court revisits intellectual disability in capital cases. www.scotusblog.com/2025/05/gove...

Having learned "quod licet Iovi, non licet bovi" from Eugene's column, I now know what I'm going to tell young lawyers when I'm trying to convey that just because Justice Kagan is snarky in her legal writing doesn't mean that *they* can be snarky in their legal writing.

Today's #SCOTUS grant regarding the breadth of the compassionate release statute is previewed in last week's Relist Watch.

But there are many just plain good stories: a high school counselor he barely met made him apply to the U. of Florida & called his estranged father on Okinawa to persuade him to cosign a loan; an unknown greaser who showed the beginner how to play a shuffle; a Jesus freak gave him his 1st acoustic.

It's full of great stories. Of writing of American Girl, Mary Jane's Last Dance. And of "The Boys of Summer," which Campbell wrote w/Don Henley. Any rock fan will enjoy it, but musicians particularly, b/c he discusses choices. Ex: Henley sang at the edge of his vocal range to convey distress.

I have read about every rock biography that is available, and I think Tom Petty guitarist Mike Campbell's may be my all-time favorite. It's a very honest book, even when it portrays him (or Tom) poorly. Because they were attached at the hip, it's essentially Petty's story too.

Ben heard me prepare for more oral arguments than any human companion--many people saw me practicing flash cards during walks around town. He also taught me to appreciate life literally at a slower pace. You notice more traveling at the speed of a geriatric dog. Hail and farewell, Benny!

At the advanced age of approximately 15, our beloved pooch Benny shuffled across the rainbow bridge May 6. We put up a memorial at one of his favorite places, our neighborhood bone box. Milkbones are on Ben for a few weeks--the least we could do given the thousands he ate here.

Just NASCAR legend Richard Petty autographing a baby while smoking a cigar with a large ash dangling off the end. Talladega Nights was nonfiction.

Tuesday's #SCOTUS grants? Six new relists, including another constitutional challenge to California's Prop 12; mootness and election law challenges; the breadth of the compassionate release statute; habeas; and warrantless police entry to prevent suicide. www.scotusblog.com/2025/05/from...

The tick-tock on pp. 15-22 of DOGE's takeover of USIP is chilling, involving FBI and USAO-DC officials threatening anyone who stood in the way of the Administration. USIP was brave to hold out as long as it did.

The Solicitor General won't defend the federal statute that limits the amount of money that a political party can spend on an election campaign in coordination with a candidate, saying it violates the First Amendment. Recommends #SCOTUS grant review, appoint amicus to defend law.

Brooklyn guitar store Retrofret is selling a bunch of guitar effects pedals owned by Tom Verlaine of the seminal band Television. Not bad prices given the provenance.

Heisman Trophy winner; #2 in NFL draft; helps little old ladies and you have to drag out of him who he is. Travis Hunter was raised right.

I'm reading the correspondence of EB White (who split time between NYC & Brooklin, ME) & Edmund Ware Smith (a writer & editor in Damariscotta, ME). It's delightful--witty observations on daily life. Plus White's annoyance when Smith's magazine bowdlerized White's essays. www.wsj.com/articles/chi...

One dilemma is what to say when the party pronounces their name in a nonstandard way. Jose Padilla's family apparently pronounced their name "pah-dilla," rhyming with "gorilla." But as a failed French student, I've embraced when people butcher French surnames with midwestern pronounciations.