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Legal analysis, commentary, and the justice system

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Above the Law
Nov 09, 2026 from Above the Law

CVS Health Bids Goodbye To Vertical Integration But Not Conflict Of Interest

CVS Health plans to split into two companies by 2028, but experts say the move may not resolve conflicts of interest between its insurance and PBM businesses. The post CVS Health Bids Goodbye To Ve...

The Volokh Conspiracy
Nov 09, 2026 from The Volokh Conspiracy

Deference, the Insurrection Act, and Statutory History

A guest post by Prof. Joshua Braver.

Above the Law
Nov 09, 2026 from Above the Law

Morning Docket: 11.09.26

* Weil's almost-chief Ramona Nee finally decides on landing spot, headlining a 40-lawyer pull for Kirkland. [Legal Cheek] * Judge Reyes looking to appoint one of Trump's first term U.S. Attorneys t...

The Volokh Conspiracy
Nov 09, 2026 from The Volokh Conspiracy

U. Colorado Regent-vs.-Regents Lawsuit, Cannabis, Race, and Legislative Immunity

From James v. Rennison, decided Friday by Judge Philip Brimmer (D. Colo.), plaintiff's allegations: Regent Wanda James is an elected… The post U. Colorado Regent-vs.-Regents Lawsuit, Cannabis, Race...

The Volokh Conspiracy
Nov 09, 2026 from The Volokh Conspiracy

Plaintiffs Contesting Tren de Aragua Membership Claims / Alien Enemies Act Application Still Can't Sue Pseudonymously

From Judge James Wesley Hendrix (N.D. Tex.) Friday in W.M.M. v. Trump (for more on the earlier Fifth Circuit en… The post Plaintiffs Contesting Tren de Aragua Membership Claims / Alien Enemies Act ...

The Volokh Conspiracy
Nov 09, 2026 from The Volokh Conspiracy

Today in Supreme Court History: November 9, 1942

11/9/1942: Wickard v. Filburn decided. The post Today in Supreme Court History: November 9, 1942 appeared first on Reason Magazine.

The Volokh Conspiracy
Nov 09, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

Case Vault — EN
Nov 09, 2026 from Case Vault — EN

The Lou Pearlman Ponzi Scheme

United States · 1992–2007 · Fraud — Music mogul Lou Pearlman used the legitimate success of Backstreet Boys and NSYNC to conceal a massive financial fraud, stealing over $400 million from retail in...

The Volokh Conspiracy
Nov 09, 2026 from The Volokh Conspiracy

Talarico's Christianity

Christian nationalism is bad but Christian socialism is good.

The Volokh Conspiracy
Nov 09, 2026 from The Volokh Conspiracy

Second Amendment Roundup: Viramontes Is Not Moot

Cook County includes AK-47 rifles to be among “AR-15 platform weapons”

Above the Law
Nov 09, 2026 from Above the Law

Midterms Have Biglaw Surrender Firms Feeling The Blues, Subpoenas — See Generally

Capitol Punishment: With Democrats taking both chambers in the midterms, the nine firms that pledged almost $1 billion in free legal work to Trump's causes will soon see the strongly worded letters...

The Volokh Conspiracy
Nov 08, 2026 from The Volokh Conspiracy

Impeach Pete Hegseth

He deserves it for his role in starting an unconstitutional war and perpetrating over 200 murders.

The Volokh Conspiracy
Nov 08, 2026 from The Volokh Conspiracy

Today in Supreme Court History: November 8, 1994

11/8/1994: U.S. v. Lopez argued. The post Today in Supreme Court History: November 8, 1994 appeared first on Reason Magazine.

The Volokh Conspiracy
Nov 08, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

The Volokh Conspiracy
Nov 07, 2026 from The Volokh Conspiracy

Court Allows Discovery as to Vindictive Prosecution Defense by Smartmatic's Parent Company

"It may well be that no fire will be discovered under all the smoke, but there is enough smoke here ... to warrant the unusual step of ... find[ing] out how this unusual prosecution came about."

The Volokh Conspiracy
Nov 07, 2026 from The Volokh Conspiracy

Prosecution Over Threat to American Federation of Teachers President Randi Weingarten Can Go Forward

From U.S. v. Spitzer (N.D. Ga.), filed by Magistrate Judge John Larkins on Oct. 9, and just affirmed Wednesday by… The post Prosecution Over Threat to American Federation of Teachers President Rand...

The Volokh Conspiracy
Nov 07, 2026 from The Volokh Conspiracy

Arkansas Bar Official Allegedly Transferred Points from Some Bar Examinees to Others

From the Arkansas Supreme Court Thursday: Evidence exists that Givens harvested points from a number of examinees' scores and then… The post Arkansas Bar Official Allegedly Transferred Points from ...

The Volokh Conspiracy
Nov 07, 2026 from The Volokh Conspiracy

Attorney Fee Award Cut from $100K to $50K, Partly as Sanction for Hallucinated Citations

In Ellis v. McNeese, written by Kansas District Court Judge W. Lee Fowler (decided April 22 but just posted on… The post Attorney Fee Award Cut from $100K to $50K, Partly as Sanction for Hallucinat...

The Volokh Conspiracy
Nov 07, 2026 from The Volokh Conspiracy

November 7 as Victims of Communism Day - 2026

I have long advocated using May 1 for this purpose. But November 7 is a worthy alternative candidate, which I am happy to adopt if it can attract a broad consensus.

The Volokh Conspiracy
Nov 07, 2026 from The Volokh Conspiracy

Today in Supreme Court History: November 7, 1922

11/7/1922: Oregon enacts the Compulsory Education Act. The post Today in Supreme Court History: November 7, 1922 appeared first on Reason Magazine.

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