Eleventh Circuit agrees to an expedited briefing of the ObamaCare challenge

The briefing will begin April 4 and will be completed on May 25. That schedule could still allow for an en banc oral argument on June 6, as the challengers requested.
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In a move to speed the constitutional dispute over health care on to the Supreme Court sooner, challengers to the new federal law on Thursday night asked the Eleventh Circuit Court to put the case promptly before ten-judge, en banc Circuit Court, and to do so at a hearing in June. If the Circuit Court agrees, that could make this case — involving 26 states and leading to a judge’s decision to nullify the entire new law — the first one likely to be heard by the Supreme Court. (ht Scotusblog)

On this day in 1963, Ernesto Miranda was arrested in Phoenix, but gets off on a penumbral emanation

On this day in 1963, Ernesto Miranda was arrested in Phoenix, but gets off on a penumbral emanation. As Ed Whelan notes at NRO, the initial Miranda decision was 5-4, over a vigorous dissent by Justice Harlan, who pointed out that the warnings are not mandated by the Constitution's text. When the Court came to re-examine Miranda in the Dickerson case, the majority conceded that the use at trial of a voluntary confession, in the absence of Miranda warnings, does not violate the Constitution, but supported the warnings as a "prophylactic" device. Scalia rightly blasted the majority for assuming an "immense and frightening anti-democratic power" -- not merely to enforce the Constitution, but to impose prophylactic policies that can void the laws of elected state and federal legislators.

The Death Penalty

Illinois just got rid of it. Maybe the right policy choice, but is the DP unconstitutional? The 5th amdt seems to assume govt can take your "life" if due process is observed.

Podcast: Raiders of the Lost iPhone!

Guy walks into a bar -- stop me if you've heard this one before -- carrying an experimental fourth-generation prototype iPhone. After heavy drinking, college student ends up with the phone and sells it to Gizmodo. Have any laws been violated? Find out on my Legal Lad podcast, where I'm doing two full episodes on the legal fallout of the lost iPhone saga!

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Podcast: Is Public Breastfeeding Legal?

This week, my Legal Lad podcast looks at a woman's right to breastfeed in public. Turns out the law differs radically from state to state. And -- in honor of World Breastfeeding Week -- my colleagues at Quick and Dirty Tips have posted their own podcasts looking at other aspects of breastfeeding -- the techniques (from Mighty Mommy), the etiquette (Modern Manners Guy), and the latest medical research (House Call Doctor). Check it out on iTunes -- if you like it, consider writing a review...or even subscribing to the podcast (it's free!). Or listen at the Legal Lad site, right here.

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Podcast: Embezzlement

What to do when your business partner is dipping into the till? In my Legal Lad podcast, I explain the law of embezzlement -- which applies to skimmers and scammers, even if they secretly hope to repay their employers someday. Check it out on iTunes -- if you like it, consider writing a review...or even subscribing to the podcast (it's free!). Or listen at the Legal Lad site, right here.

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Deciphering the Sotomayor Hearings

How can you spot the wise Latina? She'll be speaking Latin, of course. Just two days into the Sotomayor hearings, the nominee has dazzled the crowd with stare decisis, sui generis, and pro bono. In case you're having trouble following all this, a number of papers have published legalese glossaries for non-lawyers, here and here.