@justiaverdict
Legal analysis and commentary from Justia’s resident and guest columnists. Opinions are those of individual columnists and do not necessarily represent views of Justia. Not legal advice. http://verdict.justia.com
@ucdavislaw.bsky.social Prof Vik Amar analyzes President Trump's proposal for federal takeover of voting, explaining that while Congress has constitutional authority over federal elections, such action would likely fail in court and face insurmountable political obstacles in Congress.
@joannagrossman.bsky.social and Lawrence Friedman discuss the New Mexico Supreme Court's recent abolition of alienation of affections lawsuits, finding the class of torts incompatible with modern no-fault divorce laws and contemporary views on individual agency and marital privacy.
@cornelllaw.bsky.social prof @dorfonlaw.bsky.social argues Trump's $10B lawsuit against the IRS over leaked tax returns should be dismissed due to implausible damages, statute of limitations issues, and the unprecedented nature of a sitting president suing his own government for monetary gain.
Tennessee judge's new ruling could transform death penalty law by redefining what constitutes an "execution." Prof. Austin Sarat explains how this interpretation may extend constitutional protections to the entire execution process, not just the final moment of death.
@cornelllaw.bsky.social prof @dorfonlaw.bsky.social discusses #SCOTUS transgender athlete cases, noting that state laws discriminate based on transgender status even when the discrimination is embedded in definitions.
South Carolina law professor Seth Stoughton explains the legal standards governing the recent ICE shooting in Minneapolis, emphasizing the importance of a fact-based assessment. He highlights three key questions about officer conduct, perceived threat, and alternatives to deadly force.
@cornelllaw.bsky.social prof @dorfonlaw.bsky.social discusses Chief Justice Roberts’s Year End Report, particularly its subtle rejection of originalism and endorsement of evolving constitutional principles. Will the Court’s actions truly reflect that commitment?
@ucdavislaw.bsky.social prof Vik Amar analyzes California's ban on ICE officers wearing masks and a proposal to deny driver's licenses to such officers, concluding that both measures are unconstitutional.
In my latest column for @justiaverdict.bsky.social, I explain that Trump's "warrior dividend" has no legal connection to tariff revenues and that his other plan to rebate tariff revenues is unlawful absent new legislation and, in any event, a bad idea for multiple reasons. 👇
Hofstra law prof James Sample argues that inconsistent and partisan interventions by #SCOTUS have enabled partisan gerrymandering, undermined judicial credibility, and created structural chaos in American electoral processes.
In my latest column for @justiaverdict.bsky.social, I explain that the "presumption of good faith" SCOTUS (falsely) said the district court failed to afford the Texas legislature wouldn't even help Texas, which needs a presumption of bad faith to avoid the racial gerrymandering finding. 👇
Profs Lesley Wexler and @tonyghiotto.bsky.social (@law.illinois.edu) discuss the Pentagon's implementation of the transgender service ban, highlighting how discharge procedures uniquely burden transgender service members and may signal animus and raise equal protection concerns.
Halligan's blunder might doom her case against Comey because the statute of limitations has run. But in most cases, a grand jury's failure to indict doesn't preclude second and subsequent prosecutorial efforts. In my latest column for @justiaverdict.bsky.social, I critique the conventional wisdom. 👇
UNLV Law prof @lcgriffin.bsky.social reviews Nobody’s Girl, Virginia Giuffre’s powerful memoir of surviving lifelong sexual abuse and seeking justice against Jeffrey Epstein, Ghislaine Maxwell, and others. Prof. Griffin calls for reform and accountability to protect survivors and expose abusers.
Cornell Law prof @dorfonlaw.bsky.social juxtaposes the acquittal of "sandwich guy" Sean Dunn with the conviction of animal rights activist Zoe Rosenberg.
UC Davis Law prof Vikram Amar argues that while the #SCOTUS majority should provide fuller explanations in emergency rulings, the liberal dissenters are strategically and analytically misguided in avoiding arguments about the constitutional merits.
Following a botched execution in Alabama, Amherst prof Austin Sarat critiques the use of nitrogen hypoxia in executions, highlighting its failure to provide a humane alternative and documenting its brutal effects.
Prof. Michael C. Dorf argues House Speaker Mike Johnson's refusal to swear in Rep. Adelita Grijalva defies Powell v. McCormack, appears politically aimed at blocking her vote, likely on an Epstein-files discharge petition, and erodes democratic norms.
Promoting their respective new books, Justices Sotomayor & Barrett sat for interviews. As I explain on @justiaverdict.bsky.social, each offered pablum about SCOTUS. Barrett also sowed confusion about fundamental rights & displayed obliviousness to the Trump administration's threat to democracy.👇
I wrote on @justiaverdict.bsky.social about Robert Hoatson's excellent new book on his long work against abuse in the Catholic Church. verdict.justia.com/2025/07/29/a...
Prof. Meredith Miller explores the complex state-by-state landscape of non-compete agreements, following the failed federal effort to ban them. She argues that outright bans offer the clearest, fairest solution for both employers and employees.
@kathrynrobb.bsky.social argues that media fixation on the Epstein list obscures America's child sexual abuse epidemic. Instead, focus should be on concrete reforms: ending statutes of limitations, banning NDAs in abuse cases, and mandating institutional accountability to protect children.
Joseph Margulies explains why he eschews daily political outrage to seek more profound understanding. He argues for crafting a comprehensive narrative that explains our moment—accounting for economic transformation, demographic shifts, and the decline of white hegemony.
Prof. Vik Amar examines #SCOTUS expanded use of expedited procedures. He argues rushed "shadow docket" cases and preliminary injunction appeals compromise judicial reasoning and legitimacy, particularly given the Court's inconsistent approach to resolving merits on incomplete records
Fed Chair Jerome Powell faces pressure from President Trump to lower interest rates, but @dorfonlaw.bsky.social argues Powell's caution is warranted and suggests that market forces may ultimately constrain presidential overreach.
Four law professors debate whether secession could happen in modern America. While most agree geographic realities make state secession unlikely, author @rodgerdcitron.bsky.social explores how "soft secession" through sanctuary cities and nullification may already be occurring.
In my new column on @justiaverdict.bsky.social I say the SCOTUS ruling upholding Tennessee's ban on gender-affirming care for minors avoided the harshest anti-trans rhetoric, but in treating the ban as a good-faith effort to protect health and ensure informed consent, the Court sanitized bigotry. 👇
Ronald Reagan proposed a missile defense system that came to be called Star Wars. It was expensive, impractical, and a violation of a treaty then in force. Trump has proposed Golden Dome--a Star Wars sequel so bad it should feature Jar Jar Binks. Details in my column for @justiaverdict.bsky.social 👇
Professors Vik Amar and Jason Mazzone examine Justice Kagan’s dissent in Trump v. Wilcox, challenging her critique of presidential overreach and arguing that constitutional disobedience by the President can be a legitimate means of bringing outdated precedent before the Court for reconsideration.
