- Full Fifth Circuit agrees to rehear challenge to constitutionality of Indian Child Welfare Act; a three-judge panel, reversing district court, had upheld the law [Timothy Sandefur, my post with Nathan Harvey from earlier this year]
- On basis of lack of complainant standing, but without reaching First Amendment issue, Kentucky high court rules in favor of Lexington t-shirt maker who had been ordered by the city’s Human Rights Commission to print shirts with messages he disagreed with and attend diversity training [ABA Journal, earlier on Hands-On Originals case]
- “Never-ending net neutrality litigation means lawyers always win” [Roslyn Layton, AEI]
- Online political ads and the First Amendment, Frosh and Bloomberg, red flag laws, Orioles as lobbying tool, and more in my latest Maryland roundup at Free State Notes;
- Are hate crimes up or down in number? The government has no idea [Jeff Jacoby, Boston Globe, I’m quoted; earlier]
- New York City Council adopts foie gras ban to take effect in 2022 [Baylen Linnekin] If you’ve assumed that production of this delicacy is unethical, this article might change your mind [J. Kenji López-Alt, Serious Eats]
- “Small claims court for copyright” idea, now moving rapidly through Congress, could create a new business model for troll claimants [Mike Masnick, TechDirt; EFF on CASE Act] A contrasting view: Robert VerBruggen, NR;
- “If Boston is weirdly NOT full of good restaurant/bar/cafes for its size, and if people don’t want to stay after they hit 26 or so, these throttled [liquor] licenses are one of the real structural reasons why.” [Amanda Katz Twitter thread]
- Push in California underway to join a trend I warned of five years ago, namely states’ enacting laws to encourage tax informants with a share of the loot [McDermott Will and Emery, National Law Review]
- Baltimore food truck rule challenge, single-member districts, sexting prosecution, and more in my new Free State Notes roundup;
- “For years the Westchester County DA, Jeanine Pirro, now a Fox News host who opines on justice, rejected Deskovic’s requests to compare the DNA evidence against a criminal database. Deskovic was not exonerated until 2006, after he had served 16 years” [Jacob Sullum, Reason]
- Come again? “Louisville judge rules Kentucky speed limit laws unconstitutional” [Marcus Green, WDRB]
“Kentucky social workers are failing to have courts properly scrutinize and approve the drastic step of taking some children from their homes, relying instead on blank removal orders with pre-signed judges’ signatures, which is illegal according to several attorneys and judges.” The practice, now ended following an investigation by local broadcaster WDRB, was rationalized by the state Cabinet for Health and Family Services as a way to speed things up on evenings and weekends when family court judges are not sitting, although on-call judges are supposed to be available during those times to review removal orders. The practice raises grave due process concerns, since it means that judges had not (and perhaps would not have) signed off on removal orders after individualized review, and if need be questioning, of the underlying allegations. It also permits allegations to be filled in after a child is taken, perhaps tailored to whatever household conditions were or were not discovered during the seizure. “In addition, cabinet workers have allegedly called judges after hours and told them about the need to remove one child from a home, but then used multiple copies of pre-signed emergency custody orders to take more than one juvenile.” [Jason Riley, WDRB via Robby Soave, Reason]
- “Doctors as Data Entry Clerks for the Government Health Surveillance System” [Jeffrey Singer, Cato]
- “Judge Orders Spine Surgeon to Pay Discovery Fees Over Funding Model” [Greg Land, Daily Report Online (Atlanta); defense lawyer says case “throws a harsh light on the interaction between personal injury lawyers, healthcare providers and litigation funders”]
- What if feds’ enforcement policies on truthful off-label pharmaceutical promotion run aground on First Amendment considerations? [James Beck, Drug and Device Law]
- Chronic pain patients: “Civilian Casualties Continue to Mount in Governments’ War on Opioids” [Jeffrey Singer] Feds’ tightening of opioid scheduling cut refills, but increased number of pills initially prescribed [same] So sinister for psychiatrist to take cash payment and keep night hours in a rented office, or is it? [Ira Stoll]
- Certificate-of-need laws: “North Carolina Doctor Sues to Break Up State-Enforced Medical Cartels” [Christian Britschgi, Reason]
- Law firm of Morgan & Morgan, awarded contingency contract for Kentucky opioid suit, holds fundraiser for Kentucky AG Andy Beshear [Legal NewsLine]
- BBC on Baltimore police gun trace task force scandal [Jessica Lussenhop] Didn’t even bother using the real kind: “Baltimore Cops Carried Toy Guns to Plant on People They Shot, Trial Reveals” [Drew Schwartz, Vice]
- Kentucky state police to media: do not put anything out about our investigations on social media “until OUR (KSP) press release is sent out.” Really? [Scott Greenfield]
- “In unmarked cars, Orlando, Fla. officers box in car whose occupants are suspected of not wearing seatbelts; the driver drives off; the police catch up, ram the car, and shoot the driver dead. Allegation: Contrary to the officers’ testimony, the driver wasn’t about to run over an officer when he was killed; he couldn’t have, as the car’s engine had died after police rammed the vehicle. Eleventh Circuit: Qualified immunity. (H/t: Police4aqi.)” [John K. Ross, “Short Circuit”]
- Police unionization may increase misconduct: “Our primary result is that collective bargaining rights lead to about a 27% increase in complaints of officer misconduct for the typical sheriff’s office.” [Dhammika Dharmapala, Richard H. McAdams, and John Rappaport via Jonathan Adler]
- Dept. will publish accounts of misconduct investigations, but with names of officers omitted: “NYPD Argues They Simply Can’t Be More Transparent About Its Violent Cops” [Molly Osberg, Splinter News]
- Michigan: “Seven Current and Former Police Officers Charged with 101 Felony Counts related to Fraudulent Auto Inspections”
[Attorney General Bill Schuette]
Our estimates suggest that teacher collective bargaining worsens the future labor market outcomes of students: living in a state that has a duty-to-bargain law for all 12 grade-school years reduces earnings by $800 (or 2%) per year and decreases hours worked by 0.50 hours per week. The earnings estimate indicates that teacher collective bargaining reduces earnings by $199.6 billion in the US annually. We also find evidence of lower employment rates, which is driven by lower labor force participation, as well as reductions in the skill levels of the occupations into which workers sort. The effects are driven by men and nonwhites, who experience larger relative declines in long-run outcomes.
Jon Gabriel discusses the current wave of teacher strikes, Caleb Brown notes that “Kentucky Teachers Have Had Enough” — but of what? — while this Twitter thread discusses the Oklahoma walkout. More: Eric Boehm on Kentucky’s efforts to shore up underfunded teacher pensions.
- New Mercatus report on certificate-of-need laws, which operate to suppress competition in health care;
- “Hospitals don’t dispense perfectly safe but expired drugs because that may expose them to regulatory penalties or lawsuits.” [Mike Riggs, Reason]
- California unions push law setting minimum staffing requirements for dialysis centers [L.A. Times]
- Glaxo neither made nor sold the pill he took, jury tells it to pay $3 million anyway [Roni Caryn Rabin, New York Times]
- Maryland and Michigan suits seek to characterize patient falls as non-medical negligence; Kentucky suit aims to avoid medical review panel requirement [Andis Robeznieks, AMA Wire]
- “Ohio Drug Price Initiative Gives Taxpayer Money to Unnecessary Lawyers” [Hans Bader, CEI]
“This lawyer helped steal $600 million from the government, got caught — then disappeared” (Eric Christopher Conn, Kentucky) [Avi Seik, Washington Post; Bill Estep and Linda Blackford, Lexington Herald-Leader; FBI Louisville; earlier here and here]
Freedom should mean freedom for everyone, so stop trying to use laws to force people to utter and print words in which they disbelieve:
A Kentucky appellate court on Friday ruled that the Christian owner of a printing shop in Lexington had the right to refuse to make T-shirts promoting a local gay pride festival.
[Jacob Gershman, Wall Street Journal] As Eugene Volokh notes, the “three-judge panel ruled, on a 2-1 vote, that Adamson’s actions didn’t violate the ordinance (and thus avoided having to decide whether he had a First Amendment right, under the ‘compelled speech’ doctrine, not to be forced to print messages of which he disapproved).” The majority opinion found that the ordinance did not prohibit discrimination based on “message or viewpoint”; a concurring judge also cited Kentucky’s version of RFRA, reasoning that the law as interpreted burdened the owners’ religious practice and the state had not shown it minimized burdens in the course of serving a compelling purpose.
Opinion here and earlier on the case here, here, and here. And I’m happy to report that Cato, along with UCLA law professor and First Amendment specialist Volokh, filed an amicus brief in support of this outcome (though urging it on direct First Amendment grounds). More: John Corvino at Slate, who disagrees with me on the wedding cases, but agrees that this is one of forced expression.
And much more: I’ve now written a longer piece on the case for Cato at Liberty.
- Following election results, lawprofs’ idea of persuading SCOTUS to kill state right-to-work laws is looking kinda dead [James Sherk, National Review] Sixth Circuit panel, reversing decision below, says law authorizes Kentucky counties to enact county-wide right-to-work statutes [Lexington Herald-Leader]
- “Congressional Budget Office: Canceling overtime rule would boost family earnings” [Sean Higgins, Washington Examiner]
- “Another Lesson from Bastiat: So-Called Employment Protection Legislation Is Bad News for Workers” [Daniel Mitchell, Cato citing NBER working paper by Gilbert Cette, Jimmy Lopez, and Jacques Mairesse]
- Claim: lawmakers can “give” private employees paid parental leave and “there’s no added cost to employers” [Kate Ryan, WTOP citing views of Montgomery County, Maryland council member Tom Hucker]
- All California janitors must now take training against sexual harassment, on rationale of preventing rape [L.A. Times]
- A “complicated, highly regulated industry”: “Why Are Companies Abandoning On-Site Day Care?” [Rebecca Greenfield, Bloomberg] And: “Childcare costs skyrocket after minimum wage hike passes” [Alyssa Donovan, KXLY; Spokane, Wash.]