Constitutional Law Prof Blogtag:typepad.com,2003:weblog-17318182023-06-13T15:11:23-07:00A Member of the Law Professor Blogs NetworkTypePadFifth Circuit Says President Can Impose Vaccine Mandate on Guardmembers, but not Punish Them for Noncompliancetag:typepad.com,2003:post-6a00d8341bfae553ef02c1b2565068200d2023-06-13T15:11:23-07:002023-06-13T15:11:23-07:00The Fifth Circuit ruled that President Biden likely lacked authority to enforce a federal COVID vaccine mandate on state national guard members who aren't called up for federal service. The ruling gives state governors broad authority to decline to enforce...Steven D. SchwinnThe Trump Indictmenttag:typepad.com,2003:post-6a00d8341bfae553ef02b75182fda4200b2023-06-09T13:55:55-07:002023-06-09T13:55:55-07:00Here it is, alleging that former president Trump unlawfully retained documents related to the national defense and conspired to obstruct justice, among other things. There's quite a lot in it, but here are some highlights: 3. The classified documents TRUMP...Steven D. SchwinnDistrict Court Rebuffs Challenge to Private Securities Regulatortag:typepad.com,2003:post-6a00d8341bfae553ef02b751a764f2200c2023-06-09T11:19:00-07:002023-06-09T11:19:00-07:00The D.C. District ruled that a securities firm failed to show that the Financial Industry Regulatory Authority was likely unconstitutional. The court denied the firm's motion for a temporary restraining order against FINRA enforcement action. The arguments against FINRA play...Steven D. SchwinnCourt Strikes Alabama's Congressional Map, Reaffirms VRA Redistricting Testtag:typepad.com,2003:post-6a00d8341bfae553ef02b75182e197200b2023-06-08T14:12:32-07:002023-06-08T14:12:32-07:00The Supreme Court today upheld a lower court's ruling that Alabama's congressional map likely violated Section 2 of the Voting Rights Act. The Court applied (and reaffirmed the validity of) a longstanding test for Section 2 redistricting claims--a test that...Steven D. SchwinnCourt Says Individual Can Sue to Enforce Rights Under Federal Nursing Home Reform Acttag:typepad.com,2003:post-6a00d8341bfae553ef02b751a74b06200c2023-06-08T12:23:00-07:002023-06-08T12:23:00-07:00The Supreme Court ruled today that an individual can sue to enforce rights under the Federal Nursing Home Reform Act. The Court declined the defendant's invitation to rewrite the law on individual suits to enforce rights in spending-power legislation, and...Steven D. SchwinnCourt Halts Florida's Ban on Transgender Care for Minorstag:typepad.com,2003:post-6a00d8341bfae553ef02b751a7357a200c2023-06-07T21:28:03-07:002023-06-07T21:28:03-07:00A federal district court this week preliminarily enjoined Florida officials from enforcing the state's ban on medical care for transgender minors against the three plaintiffs and their healthcare providers. The court in Doe v. Ladapo held that the ban likely...Steven D. SchwinnCourt Says NLRA Doesn't Preempt Employer's State Lawsuit Against Uniontag:typepad.com,2003:post-6a00d8341bfae553ef02b68539bce8200d2023-06-07T21:10:54-07:002023-06-07T21:10:54-07:00The Supreme Court ruled last week that the National Labor Relations Act didn't preempt an employer's state lawsuit against a union for damages resulting from a strike. The ruling is a blow to employees' right to strike under the NLRA...Steven D. SchwinnTrump Lawyers Gripe to House Intel Chair about Mar-a-Lago Docs Investigationtag:typepad.com,2003:post-6a00d8341bfae553ef02b751a60953200c2023-05-26T16:18:57-07:002023-05-26T16:29:31-07:00Former President Trump's lawyers wrote to House Intel Committee Chair Mike Turner to complain about DOJ's investigation into Trump's unlawful retention and mishandling of classified documents at Mar-a-Lago. In a typo-ridden, ten-page letter, the lawyers argue, in short, that classified...Steven D. SchwinnCourt Curtails EPA Authority Under Clean Water Acttag:typepad.com,2003:post-6a00d8341bfae553ef02b751a5eb30200c2023-05-25T11:46:42-07:002023-05-25T11:46:42-07:00The Supreme Court today curtailed EPA's authority to regulate wetlands under the Clean Water Act. The sharply divided ruling is a victory for property owners and a blow to federal regulatory authority over certain wetlands. The case, Sackett v. EPA,...Steven D. SchwinnCounty Violates Takings by Keeping Property Surplus Over Tax Arrearstag:typepad.com,2003:post-6a00d8341bfae553ef02b75181860d200b2023-05-25T09:17:08-07:002023-05-25T09:17:08-07:00The Supreme Court ruled today that a county violates the Takings Clause when it seizes and sells property for taxes due, but retains the surplus value above the outstanding tax bill. The ruling means that Hennepin County, Minnesota, owes property...Steven D. Schwinn