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Orin Kerr Profile picture
@OrinKerr
Sep 24, 2021 • 9 tweets • 3 min read • Read on X
Scrolly
Lease agreements in 1791 were pretty cool. A quick thread.
Opening it.
Fully opened.
Close up 1.
Close up 2.
Close up 3.
I gather it's a lease that is part of a lease-and-release, as it's just symbolic consideration, only 5 shillings for a year. nottingham.ac.uk/manuscriptsand…
As I understand it, the lease-and-release was a way to hide the transfer of property. It divided sales into two parts, first a lease (for peppercorn consideration), then a release (for the rest), so neither was a full sale that needed to be made public.
nottingham.ac.uk/manuscriptsand…
CC; @mollyxbrady, who probably knows a lot about this kind of stuff. :)

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More from @OrinKerr

Orin Kerr Profile picture
May 29
Several notable 4th Amendment rulings in this 5th Circuit opinion today. Most importantly: People have a reasonable expectation of privacy in stored online contents—here, the contents of a Dropbox account. (Per Oldham, J., w/Richman & Ramirez)

🧵

#N storage.courtlistener.com/pdf/2025/05/28…Image
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Plaintiffs, Heidi Group, is a pro-life group that briefly had a contract with the Texas state government. A former employee named Morgan went to state investigators and said she had access to Heidi Group's documents b/c she was still given access to their Dropbox account.
A state investigator, Dacus, encourages Morgan to look through Heidi Group's files for evidence what Heidi Group did when it was a state contractor. Morgan does. Heidi Group realizes someone is accessing its files, eventually sues state officials for violating its 4A rights.
Read 13 tweets
Orin Kerr Profile picture
Apr 22
The lawyers representing Harvard are (in addition to being excellent lawyers) notable for their conservative connections.

Quick thread. Image
First off, the conservative/GOP bona fides of Bill Burck and Robert Hur have been covered elsewhere.
telegraph.co.uk/us/news/2025/0…
But as @WilliamBaude notes, Lehotsky Keller Cohn is on the brief, with name partners Steve Lehotsky (Scalia clerk, former Bush-era OLC); Scott Keller (former Texas SG, Ted Cruz Chief of Staff, Kennedy clerk), and Jonathan Cohn (Thomas clerk).
Read 6 tweets
Orin Kerr Profile picture
Mar 26
DC Circuit denies the motion for an emergency stay in the Boasberg case 2-1, with a brief order and 92 pages of concurrences (one by Henderson, one by Millett) and a dissent (Walker).

I'm going to scan through the opinions and select out key parts. 🧵

media.cadc.uscourts.gov/orders/docs/20…Image
I'm going to stick mostly with the merits issues.

1st up Henderson: The idea that the President's call is unreviewable is wrong. Image
"Questions of interpretation and constitutionality—the heartland of the judicial ken—are subject to judicial review." Image
Read 15 tweets
Orin Kerr Profile picture
Feb 25
Magistrate judge in the 5th Circuit, asked to sign off on warrants for routine "tower dumps," declines to do, writing an opinion concluding that all tower dumps are likewise unconstitutional in light of the 5th Circuit's recent geofencing opinion. 🧵
#N storage.courtlistener.com/recap/gov.usco…Image
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Other courts have broadly ruled that tower dumps are not searches at all. I think this is wrong, as it's based on the erroneous mosaic theory. I explain why that's wrong in my new book. So I don't have a problem with the search holding, holding that a search will occur.
As for the idea that a warrant can't be used in this setting, I think it's bananas. But then it's based on the 5th Circuit's bananas geofence warrant ruling, so hey, if bananas is Fifth Circuit law, you're going to get a lot of bananas.
Read 5 tweets
Orin Kerr Profile picture
Feb 13
The Acting US Attorney of the SDNY resigned today, and she sent this letter yesterday to the Attorney General explaining why she refused to drop the charges against NYC's mayor. Read the whole thing, but the last two pages are in the screenshots. static01.nyt.com/newsgraphics/d…Image
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The Deputy AG replies— among other things, putting all the AUSAs who were "principally responsible" for the Adams prosecution on administrative leave and referring them to OPR. nytimes.com/interactive/20…Image
Also, the SDNY is taken off the case, which is given to main Justice so the motion wanted will be filed. Image
Read 4 tweets
Orin Kerr Profile picture
Jan 14
Sorry if this is nitpicky, but headline writers, it's maybe worth noting: Smith's report argues that the evidence would have been *legally sufficient* to convict. It does not claim, as your headlines say, that a jury *would have convicted.* Smith is a lawyer, not a soothsayer. Image
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et tu, WSJ? Sheesh. Image
ABC News is getting this headline right, at least. Image
Read 4 tweets

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