Justia’s Verdict
@justiaverdict.bsky.social
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
Cornell Law prof @dorfonlaw.bsky.social juxtaposes the acquittal of "sandwich guy" Sean Dunn with the conviction of animal rights activist Zoe Rosenberg.
The Turkey Sandwich Hurler’s Acquittal and the Chicken Rescuer’s Conviction
Cornell Law professor Michael C. Dorf discusses the contrasting legal outcomes of Sean Dunn, who was acquitted for throwing a turkey sandwich at a federal agent in protest of government actions, and Z...
verdict.justia.com
November 13, 2025 at 2:37 AM
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.
The Supreme Court’s Grant of a Stay in the Passport Gender Case, Trump v. Orr, Illustrates Recurring, and Suboptimal, Features of the Interim-Relief Docket
UC Davis Law professor Vikram David Amar analyzes the U.S. Supreme Court’s decision in Trump v. Orr, which granted the federal government a stay to allow the use of birth-assigned sex on passports dur...
verdict.justia.com
November 11, 2025 at 11:54 AM
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.
Botched Execution in Alabama Reveals Nitrogen Hypoxia’s True Colors, and It Is Not a Pretty Picture
Amherst professor Austin Sarat criticizes the use of nitrogen hypoxia as a method of execution, particularly in Alabama, where it has resulted in prolonged, painful deaths that contradict claims of a....
verdict.justia.com
November 3, 2025 at 3:05 PM
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.
What’s at Stake in Mike Johnson’s Refusal to Administer the Oath to Adelita Grijalva?
Cornell Law professor Michael C. Dorf discusses House Speaker Mike Johnson’s refusal to administer the oath of office to Adelita Grijalva, a duly elected representative from Arizona, and examines the constitutional and legal implications, particularly in light of the U.S. Supreme Court’s 1969 decision in Powell v. McCormack . Professor Dorf argues that Johnson’s actions appear to be a politically motivated and constitutionally baseless effort to block Grijalva from voting—potentially on the Epstein files discharge petition—and reflects a broader disregard for democratic norms and the rule of law.
verdict.justia.com
October 28, 2025 at 1:14 PM
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.
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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.👇
Justices Sotomayor and Barrett Are Must-See TV—But Not in a Good Way
Cornell Law professor Michael C. Dorf examines recent interviews with Justices Amy Coney Barrett and Sonia Sotomayor, focusing primarily on Barrett’s CBS interview and both Justices’ comments on the S...
verdict.justia.com
September 12, 2025 at 11:24 AM
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.👇
Reposted by Justia’s Verdict
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...
A Sacrifice
UNLV Boyd School of Law professor Leslie C. Griffin reviews Dr. Robert Hoatson’s book The Sacrifice of the Masses, which details his experiences as a former Catholic priest turned whistleblower who ex...
verdict.justia.com
July 29, 2025 at 12:54 PM
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.
The Current Status of Non-Compete Agreements: It’s Complicated
Albany Law School professor Meredith R. Miller examines the complex and evolving legal landscape of non-compete agreements in the United States, highlighting how their enforceability varies widely acr...
verdict.justia.com
July 29, 2025 at 2:35 PM
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.
Epstein, the Headlines, and the Children We Ignore
Kathryn Robb, National Director of the Children’s Justice Campaign at Enough Abuse, examines how the media and political frenzy over Jeffrey Epstein’s client list has overshadowed the broader epidemic...
verdict.justia.com
July 25, 2025 at 11:59 AM
@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.
The Thing Itself
Cornell professor Joseph Margulies explains why he chooses not to follow the daily outrages of the Trump administration, instead focusing on understanding the broader narrative and underlying forces t...
verdict.justia.com
July 25, 2025 at 2:16 AM
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
Musings on the Supreme Court’s Handling of its Emergency (“Shadow”) Docket, and Other, Related Procedural Shortcomings in the Court’s Work in the 2024-25 Term
UC Davis Law professor Vikram David Amar examines the Supreme Court’s increasing reliance on expedited “shadow docket” cases and preliminary injunction appeals that bypass normal procedural safeguards...
verdict.justia.com
July 23, 2025 at 6:20 PM
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.
Will Anybody Save Federal Reserve Independence?
Cornell Law professor Michael C. Dorf examines President Trump’s threats to fire Federal Reserve Chair Jerome Powell over Powell’s refusal to lower interest rates amid economic uncertainty from Trump’...
verdict.justia.com
July 23, 2025 at 2:04 PM
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.
No Exit: There’s Been Talk of Secession; Could It Occur Nowadays?
Touro University, Jacob D. Fuchsberg Law Center professor Rodger Citron examines whether Americans should be concerned about the prospect of secession in today’s politically polarized climate, compili...
verdict.justia.com
July 23, 2025 at 2:47 AM
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.
Reposted by Justia’s Verdict
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. 👇
The Roberts Court Puts a Velvet Glove on the Iron Fist of Anti-Trans Backlash
Cornell Law professor Michael C. Dorf examines the Supreme Court’s decision in United States v. Skrmetti upholding Tennessee’s SB1 law banning gender-affirming care for transgender minors. Professor D...
verdict.justia.com
June 23, 2025 at 12:46 PM
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. 👇
Reposted by Justia’s Verdict
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 👇
Golden Dome is the Worst Star Wars Sequel Ever
Cornell Law professor Michael C. Dorf critiques President Donald Trump’s proposed “Golden Dome” missile defense system, positioning it as a modern sequel to Reagan’s failed “Star Wars” initiative, and...
verdict.justia.com
May 28, 2025 at 1:22 PM
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.
Justice Kagan’s Provocative but Problematic Assertions in Trump v. Wilcox that Effectively Treat Presidents Like Lower Federal Judges with Regard to a Duty to Follow Past Supreme Court Precedent
UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone analyze the Supreme Court’s decision in Trump v. Wilcox regarding presidential authority to remove federal agency offi...
verdict.justia.com
May 28, 2025 at 1:40 PM
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.
Cornell professor Joseph Margulies challenges Stephen Miller's call to reopen Alcatraz, arguing that true justice requires recognizing the potential for redemption among incarcerated individuals—something Miller overlooks in favor of fear and exclusion.
Stephen, Go to Prison
Cornell professor Joseph Margulies critiques Stephen Miller’s advocacy for reopening Alcatraz as a symbolic place to isolate and permanently segregate violent offenders, using it as a lens to explore....
verdict.justia.com
May 19, 2025 at 1:26 PM
Cornell professor Joseph Margulies challenges Stephen Miller's call to reopen Alcatraz, arguing that true justice requires recognizing the potential for redemption among incarcerated individuals—something Miller overlooks in favor of fear and exclusion.
Guest columnist Gary J. Simson argues that President Trump’s executive orders penalizing certain law firms mirror unconstitutional bills of attainder, warning they undermine core principles of justice and the rule of law. A Supreme Court reckoning may be necessary.
The President’s Orders Targeting Law Firms as Unconstitutional Bills of Attainder—Damning Lessons from the Past
Guest columnist Gary J. Simson—Macon Chair in Law at Mercer Law School and Professor Emeritus at Cornell Law School—critiques executive orders issued by President Donald Trump that punish specific law...
verdict.justia.com
May 16, 2025 at 1:00 AM
Guest columnist Gary J. Simson argues that President Trump’s executive orders penalizing certain law firms mirror unconstitutional bills of attainder, warning they undermine core principles of justice and the rule of law. A Supreme Court reckoning may be necessary.
Professor @rodgerdcitron.bsky.social reflects on Justice David Souter’s legacy and suggests that Souter‘s intellectual rigor and nuanced opinions in cases like Twombly and Mead, though admirable, may have unintentionally limited their long-term impact on the law.
The Justice Who May Have Been Too Smart for the Job
Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines the judicial legacy of Justice David Souter, focusing on how his intellectually rigorous and nuanced approach in key...
verdict.justia.com
May 14, 2025 at 1:35 PM
Professor @rodgerdcitron.bsky.social reflects on Justice David Souter’s legacy and suggests that Souter‘s intellectual rigor and nuanced opinions in cases like Twombly and Mead, though admirable, may have unintentionally limited their long-term impact on the law.
Cornell Law professor @dorfonlaw.bsky.social reflects on Justice David Souter’s legacy, arguing that Souter embodied a principled, traditional conservatism rooted in judicial restraint—offering a stark contrast to today’s ideologically driven Supreme Court appointments.
Yes, More Souters, Please
Cornell Law professor Michael C. Dorf examines the judicial philosophy and legacy of Supreme Court Justice David H. Souter, contrasting him with ideologically driven judges and situating his approach....
verdict.justia.com
May 13, 2025 at 1:59 PM
Cornell Law professor @dorfonlaw.bsky.social reflects on Justice David Souter’s legacy, arguing that Souter embodied a principled, traditional conservatism rooted in judicial restraint—offering a stark contrast to today’s ideologically driven Supreme Court appointments.
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A very brief🧵: A recent NY Times article reports on a survey of 35 scholars (including me) asking about the worst excesses of the Trump administration thus far. I discuss the article in my latest column for @justiaverdict.bsky.social. Here's my column. 👇
34 out of 35 Scholars Agree: Trump is a Lawless Authoritarian
Cornell Law professor Michael C. Dorf evaluates the constitutional and legal abuses committed by Donald Trump during his second term as president, based on a New York Times survey of 35 legal scholars...
verdict.justia.com
April 30, 2025 at 11:36 AM
A very brief🧵: A recent NY Times article reports on a survey of 35 scholars (including me) asking about the worst excesses of the Trump administration thus far. I discuss the article in my latest column for @justiaverdict.bsky.social. Here's my column. 👇
@lcgriffin.bsky.social dissects this week's #SCOTUS oral argument in OK Charter School Board and argues that approving publicly funded religious charter schools—like Oklahoma's St. Isidore—violates the Establishment Clause and threatens religious neutrality in public education.
Just Say No to “Catholic Public” School
UNLV Boyd School of Law professor Leslie C. Griffin analyzes a pending U.S. Supreme Court case in which the State of Oklahoma is challenging the approval of a publicly funded Catholic charter school,....
verdict.justia.com
May 2, 2025 at 11:56 AM
@lcgriffin.bsky.social dissects this week's #SCOTUS oral argument in OK Charter School Board and argues that approving publicly funded religious charter schools—like Oklahoma's St. Isidore—violates the Establishment Clause and threatens religious neutrality in public education.
Profs Vik Amar, Alan Brownstein, and Jason Mazzone analyze a TX judge's challenge to disciplinary rules after refusing to officiate same-sex marriages. They contend that religious beliefs cannot justify discrimination in the exercise of public authority.
Can Judges in Texas Discriminate Against Same-Sex Couples in Solemnizing Marriages? Part Two in a Two-Part Series on the Fifth Circuit’s Umphress v. Hall Case
UC Davis Law professor Vikram David Amar, professor emeritus Alan Brownstein, and Illinois Law professor Jason Mazzone analyze the Fifth Circuit’s decision in Umphress v. Hall, a case involving a Texa...
verdict.justia.com
May 2, 2025 at 11:53 AM
Profs Vik Amar, Alan Brownstein, and Jason Mazzone analyze a TX judge's challenge to disciplinary rules after refusing to officiate same-sex marriages. They contend that religious beliefs cannot justify discrimination in the exercise of public authority.
Vik Amar argues that while the Trump administration has rightly been criticized for attacks on judicial independence, Judge Hannah Dugan’s arrest for allegedly obstructing federal immigration enforcement stands on firmer constitutional ground.
Why the Arrest of Judge Dugan in Wisconsin Does not Necessarily Constitute an Illegitimate Attack on the Judiciary by the Trump Administration
UC Davis Law professor Vikram David Amar discusses concerns about constitutional violations by the Trump administration and examines claims that the arrest of Wisconsin state judge Hannah Dugan fits i...
verdict.justia.com
April 28, 2025 at 6:44 PM
Vik Amar argues that while the Trump administration has rightly been criticized for attacks on judicial independence, Judge Hannah Dugan’s arrest for allegedly obstructing federal immigration enforcement stands on firmer constitutional ground.
As @rodgerdcitron.bsky.social explains, Judge Wilkinson’s opinion in the Abrego Garcia case highlights the judiciary’s pivotal role in resisting executive overreach during a potential constitutional transformation, reflecting Bruce Ackerman’s theory of dualist democracy.
Judge Wilkinson’s Dualist Opinion in Abrego Garcia v. Noem: Judicial Review of Executive Branch Action in a Transformative Time
Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines Judge J. Harvie Wilkinson’s recent Fourth Circuit ruling in the deportation case of Kilmar Abrego Garcia, situating....
verdict.justia.com
April 28, 2025 at 6:42 PM
As @rodgerdcitron.bsky.social explains, Judge Wilkinson’s opinion in the Abrego Garcia case highlights the judiciary’s pivotal role in resisting executive overreach during a potential constitutional transformation, reflecting Bruce Ackerman’s theory of dualist democracy.
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My latest column for @justiaverdict.bsky.social argues that even if Trump's tariffs boost U.S. manufacturing (a very big "if"), they won't create many jobs. His effort to restore a 19th century economy leaves us woefully unprepared for the disruptive force of AI in the 21st century. 👇
Fighting the Last (Trade) War: Trump Ignores the Coming AI Revolution
Cornell Law professor Michael C. Dorf critiques the Trump administration’s tariff policies and broader economic strategy, arguing that they are misguided in the face of rapidly advancing technology, p...
verdict.justia.com
April 15, 2025 at 12:16 PM
My latest column for @justiaverdict.bsky.social argues that even if Trump's tariffs boost U.S. manufacturing (a very big "if"), they won't create many jobs. His effort to restore a 19th century economy leaves us woefully unprepared for the disruptive force of AI in the 21st century. 👇