Constitutional Law Prof Blogtag:typepad.com,2003:weblog-17318182024-03-18T08:45:57-07:00A Member of the Law Professor Blogs NetworkTypePadSecond Circuit Says No Pretext Limit on Government Taking Powertag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3ae2ff5200d2024-03-18T08:45:57-07:002024-03-18T08:45:57-07:00The Second Circuit rejected a claim by property owners that a local government violated the Takings Clause by taking private property for concededly public, but pretextual, reasons. The ruling means that the Town of Southold, New York, can take private...Steven D. SchwinnCheck it Out: Harvard J. L. & Pub. Pol'y on Law and Democracytag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3aa0e4b200c2024-03-18T08:10:26-07:002024-03-18T08:10:26-07:00Check out the Harvard Journal of Law and Public Policy, Spring 2024, essays on law and democracy: Jud Campbell, Four Views of the Nature of the Union Sandy Levinson, Templates of American Democracy for the 21st Century: The Importance of...Steven D. SchwinnSixth Circuit Says Plaintiff Has Standing for Preenforcement Challenge to State Ballot Self Bantag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3ae2109200d2024-03-17T15:30:27-07:002024-03-17T15:30:27-07:00The Sixth Circuit ruled that a plaintiff had standing to lodge a pre-enforcement challenge to Ohio's criminal ban on ballot selfies. The ruling sends the case back to the district court for proceedings on the merits--whether the ban violates the...Steven D. SchwinnCourt Defines When Public Official's Social Media Violates Free Speechtag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3adb645200b2024-03-16T13:24:02-07:002024-03-16T13:24:02-07:00The Supreme Court issued a pair of rulings this week that set the test for when the First Amendment prohibits a public official from restricting access to their social media. The rulings send the cases back to the lower courts...Steven D. SchwinnDid Biden Administration Officials Impermissibly Coerce Social Media to Moderate Content?tag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3a9da37200c2024-03-15T14:15:35-07:002024-03-15T14:15:35-07:00The Supreme Court will consider the issue on Monday, March 18. Here's my argument preview, from the ABA Preview of United States Supreme Court Cases, with permission: FACTS Two states and five individuals sued the government after social-media platforms removed...Steven D. SchwinnDid a New York Official Impermissibly Coerce Companies Not to do Business with the NRA?tag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3adfa96200d2024-03-15T14:00:00-07:002024-03-15T14:00:00-07:00The Court will take up this question on Monday, March 18. Here's my argument preview, from the ABA Preview of United States Supreme Court Cases: FACTS In late 2017, the Superintendent of New York’s Department of Financial Services (DFS), Maria...Steven D. SchwinnD.C. Circuit Rejects Navarro Motion for Release Pending Appealtag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3a9c9ec200c2024-03-14T21:22:57-07:002024-03-14T21:22:57-07:00The D.C. Circuit today rejected Peter Navarro's motion for release from prison pending his appeal. Navarro, White House trade advisor to former President Trump, was convicted of contempt of Congress for defying a subpoena from the House committee investigating the...Steven D. SchwinnAmerican Library Association Reports Record Number of Book Challenges in 2023tag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3a9c6d3200c2024-03-14T17:56:49-07:002024-03-14T17:56:49-07:00The ALA reports that 4,240 book titles were targeted for censorship in 2023, a 65 percent increase over 2022. The ALA reports four key trends: Pressure groups in 2023 focused on public libraries in addition to targeting school libraries. The...Steven D. SchwinnNo Takings Claim for Utilities Displaced by Government Streetcar Projecttag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3ad79cf200b2024-03-13T16:26:56-07:002024-03-13T16:26:56-07:00The Ninth Circuit ruled that two investor-owned utilities had no takings claim when a local transit authority asked them to move their equipment to make way for a streetcar line. The ruling means that the utilities will have to pay...Steven D. SchwinnJudge Quashes Six Counts in Trump's Georgia Election Interference Casetag:typepad.com,2003:post-6a00d8341bfae553ef02c8d3adce55200d2024-03-13T15:15:06-07:002024-03-13T15:15:06-07:00Judge Scott McAffee today quashed six of the 41 counts against Trump and his cooperators in the Georgia election-interference case. Judge McAffee's order preserved the remaining counts, and invited the government to refile the six quashed counts or to seek...Steven D. Schwinn