I knew there was a reason (that could be a pun but never mind) I look at the Volokh Conspiracy/Report blog every day.
Two reasons, actually. One, because it’s written by “libertarian” lawyers and no way do I trash “libertarian” dogma without unknotting it occasionally so I know what to trash and how to do it. And second, because one of the Volokh guys, John K. Ross, does a “what’s going on in the federal courts” post every week or so.
That is, he summarizes cases in the federal court system and does so without injecting dogma. Indeed, unlike most “libertarians,” this guy has a sort of wit. Just sort of, but still, there is hope he’ll survive his experience.
Today I grabbed this utterly horrible case summary from the blog:
Social services removes two boys from Pierce County, Wash. home they share with their father and grandfather after authorities discover grandfather’s trove of child porn. The boys are moved to their maternal grandparents’ home and permitted to visit their father, who is the lead suspect in the disappearance of the boys’ mother, under the supervision of a social worker. On their final visit, the boys run ahead of the social worker to greet their father; he locks the social worker out, murders the boys, sets the house on fire, and kills himself. Ninth Circuit: Could be the dep’t of social services was negligent.
P.S. What is the “libertarian” legal community up to in the Age of Trump? Well, they are getting their knickers twisted by Trump’s “national emergency” threat over the Wall. Why? Because in order to build the wall on the border, Trump would have to seize private property on which to build. That is, he would have to invoke eminent domain.
And eminent domain is a central offense to “libertarians.” Indeed, the current “libertarian” movement, a/k/a the Koch Bros Final Solution to Democracy, was kick-started in the early 1950s with a scream about property rights.
So I’m finding the legal “libertarians'” squirm over Trump — who until now has given them almost all they want in terms of wrecking government agencies and regulations — pretty enjoyable.