Constitutional law roundup

  • In name of suicide prevention, Oregon plans to use emergency one-sided hearsay proceedings to take away gun rights [Christian Britschgi, Reason]
  • Past Office of Legal Counsel (OLC) readings of Emoluments Clause fall between extreme positions of CREW on the one hand and Trump White House on the other [Jane Chong/Lawfare, earlier]
  • “Yes, Justice Thomas, the doctrine of regulatory takings is originalist” [James Burling, PLF] On the Court’s decision in Murr v. Wisconsin (earlier), see also Robert Thomas at his Inverse Condemnation blog here, here, and here;
  • Notwithstanding SCOTUS decision in Pavan v. Brown just four days before, Texas Supreme Court intends to take its time spelling out to litigants the implications of Obergefell for municipal employee benefits [Josh Blackman (plus more), Dale Carpenter on Pidgeon v. Turner] Why the Supreme Court is not going to snatch back Obergefell at this point [David Lat]
  • Tariff-like barrier: California commercial fishing license fees are stacked against out-of-staters [Ilya Shapiro and David McDonald, Cato]
  • H.L. Mencken writes a constitution, 1937 [Sam Bray, Volokh]

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