Samuel Bray

Non-Sequiturs

Non Sequiturs: 03.17.19

* With Justice Anthony M. Kennedy off the Supreme Court, who has replaced him as the justice most often in the majority? The answer might surprise you (but note that this is based on only part of the Term). [Empirical SCOTUS] * Speaking of SCOTUS, what does its recent copyright ruling in Fourth Estate v. Wall-Street.com mean for creators? Here's a clear and concise breakdown. [All Rights Reserved] * In the wake of the giant college admissions scandal, is it time to rethink how elite institutions admit their students? David Orentlicher offers this proposal for reform. [PrawfsBlawg] * Joel Cohen suggests that perhaps Ty Cobb should have kept his praise of Robert Mueller to himself. [The Hill] * What's the state of U.S. Philippines relations, including the 1951 Mutual Defense Treaty, in light of expanding Chinese influence in southeast Asia? It's complicated, according to Mark Nevitt. [Just Security] * How has the judicial confirmation process changed under President Donald Trump? Pretty significantly, as Thomas Jipping explains. [Bench Memos / National Review] * Congratulations to the latest winner of the Joseph Story Award, Professor Samuel Bray -- who delivered an acceptance speech that's well worth your time. [Volokh Conspiracy / Reason] * Is a federal law that prohibits federal agencies from using equipment from the controversial Chinese company Huawei an unconstitutional Bill of Attainder? Easha Anand, Charlie Gerstein, and Jason Harrow tackle this question, and more, in the latest episode of Versus Trump. [Versus Trump via Take Care]

Non-Sequiturs

Non Sequiturs: 12.16.18

* In case you missed it (the news broke on Friday night), Judge Reed O’Connor (N.D. Tex.) held that the Affordable Care Act aka Obamacare is unconstitutional, in the wake of last year's tax reform that reduced the ACA's "shared responsibility payment" for lacking health-care coverage to zero. [MedCity News] * Josh Blackman agrees with Judge O'Connor the constitutionality of the individual mandate, but disagreed with his severability analysis. [Reason / Volokh Conspiracy] * Meanwhile, fellow Volokh Conspirator Samuel Bray is glad that the court didn't issue a national injunction. [Reason / Volokh Conspiracy] * Adam Feldman takes a closer look at the Federal Circuit's relationship to the Supreme Court -- including which members of the Federal Circuit are most frequently vindicated by SCOTUS. [Empirical SCOTUS] * Carrie Severino shares the disappointment of her former boss, Justice Thomas, in Chief Justice Roberts and Justice Kavanaugh voting against certiorari in Gee v. Planned Parenthood of Gulf Coast. [Bench Memos / National Review] * Eric Turkewitz calls out members of the media for misreporting on a routine trip-and-fall case because they don't like the plaintiff's famous father. [New York Personal Injury Law Blog] * Oakland is going on the offensive against the NFL, firing off a 49-page complaint signed by James Quinn of Berg & Androphy, among others. [The MMQB / Sports Illustrated] * Speaking of Berg & Androphy, name partner David Berg offers expert insights on what it takes to win as a trial lawyer. [YouTube]