- “Cato Went 10-1 at Supreme Court This Term” [Ilya Shapiro; on merits cases] Yesterday I spoke to a private policy gathering in Annapolis, Md. with a retrospective on the Supreme Court term, especially its lessons for state government. If you’re looking for a speaker on Court issues, I or one of my colleagues at Cato’s Center for Constitutional Studies may fit the bill;
- “CrossFit Sues ‘Competitor’ For Revealing Its Injury Rates” [DeadSpin]
- New Jersey court rules for casino in unshuffled baccarat deck case [Elie Mystal/Above the Law, earlier]
- Family rescued from 1000 miles offshore plans to sue over nonworking satellite cell phone [ABC 10 News]
- Tartly worded response to third-party-subpoena demand in Sherrod/Breitbart case [attorney Robert Driscoll]
- Legal academia: Prof. Bainbridge takes on law-and, empirical legal studies crowds [Bainbridge, TaxProf and reactions] George Leef on reforming law schools [Pope Center]
- “Uber Agrees to End Surge Pricing During NY Emergencies, And Why That Means You’ll Never Find a Ride” [Gary Leff; Peter Van Doren, Cato]
The Supreme Court unanimously ruled this morning in Susan B. Anthony List v. Driehaus that a lower court challenge can proceed against Ohio’s law purporting to ban untruthful campaign speech. [decision, SCOTUSBlog, earlier Overlawyered coverage] The ruling was widely expected: “not a single amicus brief was filed on behalf of the state of Ohio, and even liberal groups conceded that allowing the state to arbitrate truth or falsity in political campaigns was troubling. During oral argument, the Justices seemed profoundly skeptical of the law’s underlying constitutionality.” [MSNBC]
The Court did not decide the First Amendment merits. Its ruling instead turns on the cluster of issues relating to standing: was there injury in fact from the law sufficient to support a challenge even though the original complaint had been dropped? While the two wings of the Court often divide on standing, they united in taking an expansive view this time. Here and there Justice Thomas’s opinion for the 9-0 Court does brush up against the underlying First Amendment problem of the chilling of speech, which will now move front and center as the lower court again takes up the case. A passage of particular interest from pp. 15-16 (footnotes omitted):
As the Ohio Attorney General himself notes, the “practical effect” of the Ohio false statement scheme is “to permit a private complainant . . . to gain a campaign advantage without ever having to prove the falsity of a statement.” “[C]omplainants may time their submissions to achieve maximum disruption of their political opponents while calculating that an ultimate decision on the merits will be deferred until after the relevant election.” Moreover, the target of a false statement complaint may be forced to divert significant time and resources to hire legal counsel and respond to discovery requests in the crucial days leading up to an election.
Here’s the entertaining and hilarious amicus brief (what a concept) filed by my Cato colleagues Trevor Burrus, Ilya Shapiro, and Gabriel Latner on behalf of humorist and Cato fellow P.J. O’Rourke (who explains his involvement; more from Ilya and Trevor). And Ilya has a reaction to the opinion at Cato at Liberty (“Chilling speech is no laughing matter… today was a banner morning for free speech and judicial engagement.”)
Peter Schuck, professor emeritus at Yale Law School, came to Cato in March to discuss his new book Why Government Fails So Often: And How It Can Do Better. Caleb Brown of Cato interviewed him for this Cato podcast.
On this coming Monday, May 19, the Cato Institute is hosting a lunch on the subject of “Mugged by the State: When Regulators and Prosecutors Bully Citizens,” featuring Kevin Gates, Vice President, Powhatan Energy Fund; William Hurwitz, M.D., Pain Treatment Specialist; Lawrence Lewis, Engineer and Building Manager; and William Yeatman, Senior Fellow, Competitive Enterprise Institute; moderated by Tim Lynch, Director, Project on Criminal Justice, Cato Institute. You can watch live online at http://www.cato.org/live.
More: Cato podcast, brothers’ website, Philly.com (with an additional story of a man resisting the Delaware insurance commission after it took over his nightclub insurer). And: WSJ via John Cochrane on another FERC case.
* Monday, “Socialism Would Mean Inspectors All Round,” 1929 British Conservative Party poster;
* Tuesday, “Come on, Dad! We’re going to vote Liberal,” 1929 British Liberal Party poster;
* Wednesday, “I Need Smokes,” World War One American poster;
* Thursday, Art Deco Prohibitionist traffic safety poster.
Update: and here’s Friday’s final installment, a contemporary freedom-of-the-press poster from Jordan.
Now online: Wednesday’s Cato Institute event at which Virginia Postrel discussed her new book The Power of Glamour: Persuasion, Longing, and Individual Aspiration with sparkling comments from economist Tyler Cowen and New York Times writer-at-large Sam Tanenhaus. Subtracting considerably from the glamo(u)r factor, I moderated and introduced. More here.
If you missed that fantastic lunch, you’ll really kick yourself if you miss our author lunch next Wednesday with the phenomenal Lenore Skenazy, founder of the Free-Range Kids movement. Click through and register now, while you’re thinking about it.