The Latest Breaking News from Orin Kerr

Note particularly Keith Whittington's Originalism: A Critical Introduction, which Justice Barrett cited several times. UPDATE: The Criminal Procedure treatise on which Orin Kerr is a coauthor was cited today by Justice Jackson in Erlinger v. U.S. I didn't read that case as closely, so I missed the cite; thanks to…

Orin Kerr's reading of NY criminal law is overly broad and would chill constitutionally protected speech

According to the Justice Department's reading of the law, the crime need not involve impersonation or even fraud.

Government agencies have paid to access huge amounts of Americans' data.

Gift ideas for the VC readers in your life!

Pretextual stops, consular nonreviewability, COVID on cruise ships.

The photo, showing top secret documents splayed across a carpeted floor in Mar-a-Lago, was called unprecedented by many observers. It has driven discussions about Trump's legal woes into overdrive.

Replying to my recent post, Orin Kerr writes: But I read Dave as also saying that criticizing the NRA for its positions and influence in gun control debates is somehow equal to the belief that it's okay to murder groups of people for their religious beliefs. If that's what Dave…

If the leaker's identity is ever revealed, he or she will face serious professional and reputational sanctions. There's no need to wish for criminal punishments too.