Congress should repeal the Logan Act. Modern, globalized communications have destroyed any remaining rationale for this outdated law. The Logan Act today potentially criminalizes much routine (and constitutionally-protected) speech of US citizens.
The Justice Department late Saturday night asked the Ninth Circuit Court of Appeals in San Francisco for both an immediate stay and an emergency stay to lift the restraining order, said Kate Shaw, an ABC News contributor and professor at Cardozo School of Law in New York City.
Three things are necessary to bring a public nuisance claim, Professor Anthony Sebok at Cardozo Law School, New York, told Bloomberg BNA. “There has to be a public nuisance to abate and law to support a public nuisance claim. But you also need the will or political capital,” Sebok said.
While the replacement of Scalia with another conservative justice is unlikely to realign the Supreme Court in such a way that Roe v. Wade could be threatened, the replacement of additional justices could have major consequences, according to Kate Shaw, an ABC News contributor and a Cardozo School of Law professor.