I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

Missing Posts: If you have a link to a post that's not here or are looking for posts from Summer of 2010, check this page.

BlogRoll

An Evelyn Waugh character explains how to read the newspaper (or other media)

I read the newspapers with lively interest. It is seldom that they are absolutely, point-blank wrong. That is the popular belief, but those who are in the know can usually discern an embryo truth, a little grit of fact, like the core of a pearl, round which has been deposited the delicate layers of [...]

Congress gave the President the authority to “Establish[ ] national immigration enforcement policies and priorities” and that’s what Obama did

The quote in the title is the full text of 6 U.S.C. § 202(5).

Executive discretion– the most familiar example being prosecutorial discretion– is a bedrock concept of our law.  The executive cannot pursue every case, and so they have the authority, often explicitly granted by statute, to select what cases to pursue.  It is not [...]

A chart about voters and age from TPM

More here at TalkingPointsMemo.

Does today’s MissSupCt sentencing opinion preview part of McDaniel opinion?

In the oral argument for the McDaniel senate election challenge, Justice Coleman’s questions were all directed to a extraordinarily narrow view of appropriate statutory construction, a view that seemed to go to the point of refusing to make sense out of what the legislature had done and applying a restrictive and extremely literal approach. [...]

Oral Argument this morning in McDaniel vs. Cochran

It will be broadcast at 10:00 AM by the Court and can be found here.

Marshall Ramsey: McDaniel and McJournalist Charles Johnson vs. Jim Hood

Mississippi Supreme Court servers jammed up? More minutiae about the McDaniel election contest

Last night, I spent over an hour trying to download the Cochran response, and got nothing.  I could download the attachments, quickly, but not the brief.  I complained on Twitter, and almost immediately a friend, who could get it on his phone, sent it to me by email.

Apparently, the McDaniel campaign had the [...]

Cochran’s brief has been filed…

Here is the Cochran brief

I’ve read through it, and my views of how this comes out have not really changed.  Nothing new– the essential points are the same:  1) The Kellum case says that the statute, read as a whole, has a 20 day deadline for filing the contest; and 2) The statute has not [...]

McDaniel-With friends like this… Alt title: “I would have written a shorter letter, but I did not have the time.”

The title quote is from a letter from Pascal.

The time deadlines in the McDaniel case are mighty tight.  Cochran’s lawyers (new ones keep appearing on the Supreme Court docket with regularity) have less than a week to file their brief, and so when I saw they’d sought additional pages, I thought of the [...]

Even the Mississippi Supreme Court wants a friend: more from the McDaniel appeal

Well, this might be annoying to the McDaniel legal team.  Not only did the court (through an order by Justice King) agree to allow the amicus brief to be filed, which I’m sure pleased the McDaniel folks, the court also granted the amicus request to participate in oral argument.

Which will come out of [...]