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Between 2009 and 2020, Josh published more than 10,000 blog posts. Here, you can access his blog archives.

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2009

SCOTUS Cites Nken v. Holder for first time since SG Confesses Error

February 20th, 2013

In Chafin v. Chafin, Justice Kagan cites the case of Nken v. Holder to discuss the tradition four factors considered in granting a stay.

Courts should apply the four traditional stay factors in considering whether to stay a return order: “‘(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.’” Nken v. Holder, 556 U. S. 418, 434 (2009) (quoting Hilton v. Braunskill, 481 U. S. 770, 776 (1987)).

You may recall that in Nken, the Solicitor General supplied information to the Court about how ICE handles deportations, that turned out to be false. Following an order from Judge Rakoff, the DOJ confessed error.

My search shows that this is the first time SCOUTS has cited Nken since FCC v. AT&T in 2011.

On same day, Cass Sunstein and Sarah Palin Receive Appointments at Harvard University

February 20th, 2013

Palin was appointed a visiting scholar at the Kennedy School of Government. Sunstein was appointed as a University Professor.

I bet Sarah will nudge Cass anytime.

For some reason, I’m reminded of the line from Legally Blonde where Elle Woods gets into Harvard, and says “What, like it’s hard?” It’s funny, when I first saw this movie in July 2001 (I had just finished my junior year in HS), I had no idea what law school was, and couldn’t have told you what a 143 or 179 LSAT meant, or how hard it was to get into Harvard Law School.

(OK, these event happened one day apart, but close enough for the awesome headline).

The Look on the Host’s Face When VP Biden Says Twice “Buy a Shotgun” is Priceless

February 19th, 2013

The Vice President urged his wife to “blast” a shotgun off her balcony, not once but twice. This is a crime. You cannot discharge a weapon into the air without a reason. The Vice President continues by telling people to use a shotgun instead of an AR-15, saying ARs are harder to aim (not true). He concludes, “Buy a Shotgun! Buy a Shotgun!” The look on the host’s face is one of mortification. If he could face-palm, he would have.buy-a-shotgun

Update: If you fire “two blasts” from a double-barrel shotgun into the air, you are now with ammo left. Brilliant.

Maggie Simpson Visits the Ayn Rand School for Tots

February 19th, 2013

The Simpsons put together a great short featuring Maggie Simpsons, with plenty of Ayn Rand references.

Raggedy Ayn Rand Dolls.

ayn-rand-dolls

The Ayn Rand School for Tots. ayn-rand-school-tots

 

The drinking fountainhead.the-drinking-fountainhead

 

A is A.a-is-a

Constitutional Canines: Aldo the Dog from Florida v. Harris

February 19th, 2013

 

 

Aldo is “a German shepherd trained to detect certain narcotics (methamphetamine, marijuana, cocaine, heroin, and ecstasy).” Justice Kagan thought he was reliable. How can you say no to that face!aldo