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What the Court’s April order means, as the Fifth Circuit panel emphasizes, is that the Fifth Circuit’s ruling today does not alter the status quo.

On top of all the other reasons (spelled out in point 2.a of my Part 1 post) why it makes no sense to think that Lorie Smith or her attorneys concocted the apparently sham or prank request, it turns out—surprise, surprise—that the IP (Internet Protocol) address on the device that sent the request to Smith is located in San Francisco:

Another thing that has amazed me is how many folks on the Left—including accomplished lawyers and law professors—are repeating these foolish arguments against standing in 303 Creative.

It’s been amazing to witness the flurry of foolish arguments that opponents of the simple and straightforward ruling in 303 Creative v. Elenis have spewed over the past several days.

The Comstock Act provisions prohibit sending abortion drugs by U.S. mail or by common carrier.

In a 42-page opinion issued late last night (in Alliance for Hippocratic Medicine v. FDA), a Fifth Circuit motions panel granted in part the FDA’s…

On April 12, 2023, Distinguished Senior Fellow Ed Whelan filed an amicus brief on behalf of the Ethics and Public…

In many ways, Scalia’s influence since his death has been greater than he enjoyed during his lifetime, when so many of his most memorable opinions were dissents.

Tessier-Lavigne and Martinez have issued a joint letter of apology to Judge Duncan for the violations of university policies on speech that disrupted his talk.

Judge Duncan’s right to free speech at Stanford Law School was threatened by hecklers who had the audacity to comment that he “literally denies the humanity of people” while denying him his First Amendment Rights.

Ed Whelan’s Bench Memos dive into the serious nature of accusations on the Federal Judiciary by Senator Wyden.

In his Bench Memos, Ed Whelan expands on the judicial-reform proposal and WaPo’s incorrect account of it.