Martin does great work, and I love this report, but I really dislike this "novel legal technicality" framing. The government has the burden of proof, and they didn't meet it because the speed cameras had a margin of error that put this guy outside the range for which he was charged. That's it.

Martin Austermuhle@maustermuhle.bsky.social · 2mo ago

A D.C.-based attorney spent three years fighting a $100 ticket he got from a speed camera in the city. He eventually won in D.C.'s highest court on a novel legal technicality, and thousands of other drivers could end up benefitting from it: www.notus.org/metro/dc-law...

The Supreme Court has tackled the enormous backlog of relisted cases, denying most the 2d Amend/felon-in-possession cases & most prisoner cases. Only 1 new relist, concerning scope of Video Privacy Protection Act--whether it covers only privacy of ... videos. www.scotusblog.com/2026/01/the-...

The relist logjam finally breaks

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. On Friday, the Supreme Court grante...

scotusblog.com

The Supreme Court has granted review in 4 new cases, which presumably will be argued in April and decided by June. All of them were previewed in this week's SCOTUSBlog post linked below. They include the constitutionality of geofence warrants -- a very cutting-edge Fourth Amendment topic.

John Elwood@johnpelwood.bsky.social · 7mo ago

Friday's #SCOTUS grants? 17 new relists: State secrets privilege; geofence warrants; federal preemption & generic drugs; patent infringement & generic drugs; deference to Sentencing Guidelines commentary; state taxation of Indians. www.scotusblog.com/2026/01/dock...

With an unprecedented 108 total first-time and returning relisted cases, there's more than enough for #SCOTUS to fill the April argument calendar -- and probably the October calendar too, if they're of a mind to do so.

John Elwood@johnpelwood.bsky.social · 7mo ago

Friday's #SCOTUS grants? 17 new relists: State secrets privilege; geofence warrants; federal preemption & generic drugs; patent infringement & generic drugs; deference to Sentencing Guidelines commentary; state taxation of Indians. www.scotusblog.com/2026/01/dock...

Friday's #SCOTUS grants? 17 new relists: State secrets privilege; geofence warrants; federal preemption & generic drugs; patent infringement & generic drugs; deference to Sentencing Guidelines commentary; state taxation of Indians. www.scotusblog.com/2026/01/dock...

Dockets on maximum overdrive: seventeen new relists involving ten issues

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. This Friday’s conference marks the ...

scotusblog.com

Raffi's brief is hyperlinked in the post!

Raffi Melkonian@rmfifthcircuit.bsky.social · 8mo ago

My colleague Eric Boettcher and I wrote an amicus brief on behalf of Tyson Timbs (yes, of Timbs v. Indiana) in a case John discusses: Jouppi v. Alaska (is a six pack of beer enough to confiscate a plane?)

SCOTUSBlog has identified 6 relists in cases that are serious candidates for #SCOTUS action. The Supreme Court could issue grants as early as tomorrow (if they're topping off the March argument calendar), though January (for April argument) is more likely. www.scotusblog.com/2025/12/dece...

December docket dash: twenty new (likely) relists on seven issues

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court continues to chur...

scotusblog.com

Why I do that annoying Relist Watch column. From @AdamFeldman's most recent substack. open.substack.com/pub/legalyti...

It turns out @orinkerr.bsky.social has written an article The Moving Property Problem in 4th Amendment law, forthcoming in the Virginia Law Review, that involves one of this week's relisted cases. The lecture form of the article (complete w/fanny pack) is linked below. law.yale.edu/yls-today/ya...

2024 Doyle-Winter Lecture: Orin Kerr

Professor Orin S. Kerr delivered the Michael A. Doyle '62 and Bunny Winter Distinguished Visiting Professor of Law Lecture on March 26, 2024. Titled "Searching, Seizing, and Moving," the lecture consi...

law.yale.edu

John Elwood@johnpelwood.bsky.social · 8mo ago

Friday's/Monday's #SCOTUS grants? Three cases challenging constitutionality of high-capacity magazine / AR-15 restrictions under the 2d Amendment; a search & seizure case for @orinkerr.bsky.social; DNA evidence; & what law is "clearly established" for QI/AEDPA? www.scotusblog.com/2025/12/reli...

Friday's/Monday's #SCOTUS grants? Three cases challenging constitutionality of high-capacity magazine / AR-15 restrictions under the 2d Amendment; a search & seizure case for @orinkerr.bsky.social; DNA evidence; & what law is "clearly established" for QI/AEDPA? www.scotusblog.com/2025/12/reli...

Relist rodeo: firearm restrictions, searches incident to arrest, DNA evidence, and “clearly established” law

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. It’s only December, but the Supreme...

scotusblog.com

Today's #SCOTUS summary reversal in 2-time relist Doe v. Dynamic Physical Therapy sets a new high-water mark in succinctness.

Friday's/Monday's #SCOTUS grants? Birthright citizenship, constitutionality of felon-in-possession restrictions under 2d Amendment, parental-rights battles in schools, criminal-venue gymnastics, arbitration jurisdiction, and the reach of Rooker-Feldman. www.scotusblog.com/2025/12/reli...

Relistpalooza: fifty new relists, six big fights

The Supreme Court’s relist rolls served up the term’s first two summary reversals last week. As we have observed, the more times a case has been relisted, the likelier it […]

scotusblog.com

#SCOTUS will be considering 50 newly relisted cases at this week's Conference, the most I've seen. 44 of those involve 2d Amendment challenges to the law prohibiting felons from owning firearms, as applied to nonviolent offenders. Plus 2 birthright citizenship cases & 4 cases raising other issues!

Friday's/Monday's #SCOTUS grants? Whether "just compensation" for federal takings is based on state or federal law; federal antidiscrimination preemption of state immunity law; implied rights of action for discrimination under Title IX; & a longshot prisoner plea www.scotusblog.com/2025/11/pipe...

Pipeline pay, pandemic preemption, professors’ parity, and a prisoner’s plea

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court continues to chur...

scotusblog.com

A preview of today's #SCOTUS grant is below.

John Elwood@johnpelwood.bsky.social · 9mo ago

Friday's/Monday's SCOTUS grants? A likely grant regarding whether noncitizens must enter the US to be eligible for asylum; SCOTUS takes a close look at a 4th Circuit habeas grant; & acquitted conduct sentencing returns Borderlines, benchslaps, and burdens of proof www.scotusblog.com/2025/11/bord...

Friday's/Monday's SCOTUS grants? A likely grant regarding whether noncitizens must enter the US to be eligible for asylum; SCOTUS takes a close look at a 4th Circuit habeas grant; & acquitted conduct sentencing returns Borderlines, benchslaps, and burdens of proof www.scotusblog.com/2025/11/bord...

Borderlines, benchslaps, and burdens of proof

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court had some good […]

scotusblog.com

A preview of this morning's #SCOTUS grant is below: whether federal election law pre-empts state laws allowing absentee ballots cast before election day to arrive a few days after it.

John Elwood@johnpelwood.bsky.social · 10mo ago

All eyes are on #SCOTUS this morning because of this week's sole relist: Whether federal law pre-empts state laws allowing absentee ballots cast before election day to be received for a few days after it. This strikes me as a likely Friday/Monday grant. www.scotusblog.com/2025/11/the-...

All eyes are on #SCOTUS this morning because of this week's sole relist: Whether federal law pre-empts state laws allowing absentee ballots cast before election day to be received for a few days after it. This strikes me as a likely Friday/Monday grant. www.scotusblog.com/2025/11/the-...

The meaning of “election day”

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court is meeting in […]

scotusblog.com

An interesting history of how then-law-clerk John Roberts was involved in the Dames & Moore case at the center of the upcoming tariffs argument. Fun fact: Roberts studied for the bar w/counsel to the challengers, Michael McConnell. www.cnn.com/2025/10/29/p...

William Rehnquist, his clerk John Roberts and the Supreme Court precedent at the center of Trump’s tariffs case | CNN Politics

Most judges who have considered President Donald Trump’s disputed tariffs have ruled against him. But when the Supreme Court hears his appeal next week, it may be influenced by a forceful dissenting o...

cnn.com

Friday's (or Monday's) #SCOTUS grants? The government petitions to review a decision striking down on 2d Amendment grounds a law prohibiting gun possession by controlled substance users. And another colorable grant on the scope of judicial estoppel. www.scotusblog.com/2025/10/cont...

Controlled substances and courtroom candor

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. It’s only week two of the […]

scotusblog.com

The Court granted review on Hunter v. US, previewed below. Note in particular the last line of my write up.

John Elwood@johnpelwood.bsky.social · 10mo ago

Today's/Monday's #SCOTUS grants? Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, &Feres doctrine. www.scotusblog.com/2025/10/the-...

Today's/Monday's #SCOTUS grants? Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, &Feres doctrine. www.scotusblog.com/2025/10/the-...

The justices return — and so do the relists

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. Summer has ended at last. […]

scotusblog.com

This week's installment was delayed because I had an argument in New Orleans Tuesday morning, then travelled up to Maine for Damariscotta's annual Pumpkinfest. My feed will transition from legal topics to oversized gourds shortly after 10 or 11 am.

John Elwood@johnpelwood.bsky.social · 10mo ago

#SCOTUS relisted 17 cases this week! Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, AEDPA, and the ever-resilient Feres doctrine.

#SCOTUS relisted 17 cases this week! Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, AEDPA, and the ever-resilient Feres doctrine.

In an earlier trial, the judge repeatedly said "I would urge government to continue their investigation" of doctors, voicing "hope" govt "pursuing … the corrupt doctors," including Dowd. Govt indicted & case assigned to different judge. On Govt motion, 1st judge presided over case he'd "urge[d]."

John Elwood@johnpelwood.bsky.social · 11mo ago

Remarkable. The government made no public filing, just emailed judge asking for restitution. Without waiting 14 days court rules provide, judge entered $8.5 restitution order on day 10 without hearing from the defendant. 2d Circuit said that was consistent with Due Process. What will #SCOTUS do?

Remarkable. The government made no public filing, just emailed judge asking for restitution. Without waiting 14 days court rules provide, judge entered $8.5 restitution order on day 10 without hearing from the defendant. 2d Circuit said that was consistent with Due Process. What will #SCOTUS do?

John Elwood@johnpelwood.bsky.social · 11mo ago

My first Volokh Conspiracy post in over 11 years: reason.com/volokh/2025/...

My first Volokh Conspiracy post in over 11 years: reason.com/volokh/2025/...

Dear pierogi man: I am *extremely* licensed in Massachusetts and would love to try a case in Dukes county, during the two months court is in session there. I am 5-0 for trials since they restarted after the pandemic and the last two cases I defended resulted in an award of fees for my client.

New York Magazine@nymag.com · last yr.

After a Martha’s Vineyard pierogi vendor refused to sell to him, Epstein’s lawyer plans to sue a farmer’s market so that they must sell to him.

Tonight's walk. Pemaquid Point ME lighthouse.

Today's earworm. youtube.com/watch?v=5jp_...

Natalie Bergman - Gunslinger (Official Video)

YouTube video by OfficialTMR

youtube.com