Non-Sequiturs

Non-Sequiturs: 06.28.17

* Very interesting piece by Mark Joseph Stern on Justice Neil M. Gorsuch's dissent in Pavan v. Smith (aka the "LGBT parents on birth certificates" case). It seems to me that Justice Gorsuch's statement is technically correct -- the Arkansas Department of Health (1) was okay with giving the named plaintiffs their birth certificates and (2) conceded that in the artificial-insemination context, gay couples can't be treated differently than straight couples (see the Arkansas Supreme Court opinion, footnote 1 and page 18) -- but it's either confusing, at best, or misleading and disingenuous, at worst (the view of Shannon Minter of the National Center for Lesbian Rights, counsel to the plaintiffs). [Slate] * Speaking of Justice Gorsuch, Adam Feldman makes some predictions about what we can expect from him in the future, based on his first few opinions. [Empirical SCOTUS] * Professor Rick Hasen has made up his mind on this: "Gorsuch is the new Scalia, just as Trump promised." [Los Angeles Times] * The VC welcomes a new co-conspirator: Professor Sai Prakash, a top scholar of constitutional law and executive power. [Volokh Conspiracy / Washington Post] * Now that Harvard Law School will accept GRE scores in lieu of LSAT scores, what do law school applicants need to know about the two tests? [Law School HQ] * And what do Snapchat users need to know about the app's new "Snap Map" feature? Cyberspace lawyer Drew Rossow flags potential privacy problems. [WFAA]

By David Lat on June 28, 2017 6:56 pm

‘Whaddya want from me, gay people?’ (Photo by Chip Somodevilla/Getty Images)

* Very interesting piece by Mark Joseph Stern on Justice Neil M. Gorsuch’s dissent in Pavan v. Smith (aka the “LGBT parents on birth certificates” case). It seems to me that Justice Gorsuch’s statement is technically correct — the Arkansas Department of Health (1) was okay with giving the named plaintiffs their birth certificates and (2) conceded that in the artificial-insemination context, gay couples can’t be treated differently than straight couples (see the Arkansas Supreme Court opinion, footnote 1 and page 18) — but it’s either confusing, at best, or misleading and disingenuous, at worst (the view of Shannon Minter of the National Center for Lesbian Rights, counsel to the plaintiffs). [Slate]

* Speaking of Justice Gorsuch, Adam Feldman makes some predictions about what we can expect from him in the future, based on his first few opinions. [Empirical SCOTUS]

* Professor Rick Hasen has made up his mind on this: “Gorsuch is the new Scalia, just as Trump promised.” [Los Angeles Times]

* The VC welcomes a new co-conspirator: Professor Sai Prakash, a top scholar of constitutional law and executive power. [Volokh Conspiracy / Washington Post]

* Now that Harvard Law School will accept GRE scores in lieu of LSAT scores, what do law school applicants need to know about the two tests? [Law School HQ]

* And what do Snapchat users need to know about the app’s new “Snap Map” feature? Cyberspace lawyer Drew Rossow flags potential privacy problems. [WFAA]

DBL square headshotDavid Lat is the founder and managing editor of Above the Law and the author of Supreme Ambitions: A Novel. He previously worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. You can connect with David on Twitter (@DavidLat), LinkedIn, and Facebook, and you can reach him by email at [email protected].