LGBT

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
Morning Docket

Morning Docket: 06.23.17

* Federal investigators are delving into multimillion-dollar deals involving former Trump campaign manager Paul Manafort and his son-in-law, Jeffrey Yohai. [New York Times] * The Fifth Circuit lifts the injunction against H.B. 1523, Mississippi's notorious "religious freedom" law that many regard as antigay (but the court ruled on jurisdictional rather than gay-hating grounds). [Texas Lawyer] * In the wake of a mistrial in the criminal case against him, Bill Cosby plans to educate young men on how to avoid accusations of sexual assault. (My advice: don't commit sexual assault.) [New York Times] * The Fourth Circuit affirms almost all the convictions of ex-CIA officer in a leak case -- a potentially significant ruling if the Trump administration follows through on its threats to prosecute leakers. [How Appealing] * The Seventh Circuit declines to reinstate the conviction of Brendan Dassey, the defendant made famous by Making A Murderer. [ABA Journal] * Martin Shkreli, aka "Pharma Bro," is gearing up for trial -- and, for the record, he is "so innocent." [New York Times] * More disturbing news from my ancestral homeland of the Philippines, involving accusations that the police are shaking down families in distress as part of President Rodrigo Duterte's "war on drugs." [Washington Post]

By David Lat