May 9 roundup

  • Since political belief has not been made a protected class under New York public accommodations law, it’s no surprise — various memes notwithstanding — that a judge would find taverns entitled by law to deny service to a candidate’s supporters [Julia Marsh, New York Post]
  • Florida: “Attorney faces federal prison after admitting role in $23M auto insurance fraud” [Paula McMahon/Sun-Sentinel, more]
  • Pardons, double jeopardy, and now-departed Attorney General Eric Schneiderman: “Historically, New York was proud of providing greater constitutional protections than the feds offered, but that was before Trump.” [Scott Greenfield]
  • Megan McArdle follows up on her Alfie Evans column (and thanks for mention) [Washington Post, earlier]
  • Not your conventional presidential lawyer: two reports look at the legal practice of attorney Michael Cohen [Ilya Marritz and Andrea Bernstein/WNYC, Seth Hettena/Rolling Stone]
  • Harshing the mellow: Regulation, taxes driving some cannabis culture back underground in California [David Boaz, Cato]


  • Re: Political belief–does anyone think that the rejection of an Obama supporter would get tossed so easily?

    • Rejection of an Obama supporter would be prima facie racism and might get the Feds involved. Or would have, three years ago.

  • Hmm. Schneiderman wanted double jeopardy under more circumstances, so that’s Trump’s fault. Of course. Yesterday, the NY Times’ OP/ED take on his resignation because he was choking women was that was that he was a courageous proponent of women’s rights. Of course.


  • Many jurisdictions regard marijuana as a motherlode from a tax and regulatory fee POV. They seem to be unaware that the extensive black market for MJ will be suppressed by legal MJ but only inversely to the taxation/regulation level. In NY and NYC over 50% of tobacco consumed is untaxed, ie black market. Other states with particularly high tobacco and alcohol taxes have significant % of sales that are untaxed, ie brought in in small amounts or by the truckload for sale subrosa. MJ taxation/regulation to the extent that seems to be developing will most likely result in continuing black market sales of MJ when the taxes are at levels reported so far.