In videos of note that the Federalist Society posted online yesterday and today from the organization’s 2013 National Lawyers Convention in Washington, DC: Via this link, you can access Seventh Circuit Judge Diane S. Sykes‘ interview of Justice Clarence Thomas.
Via this link, you can access the Sixth Annual Rosenkranz Debate, on the topic “Resolved: Courts are too Deferential to the Legislature,” featuring Fourth Circuit Judge J. Harvie Wilkinson and law professor Randy E. Barnett, moderated by Fifth Circuit Judge Jerry E. Smith.
Via this link, you can access event’s closing panel on the subject of “The Electorate and the Courts” featuring former Solicitors General Seth P. Waxman and Paul D. Clement.
And via this link, you can access a panel on “Textualism and Statutory Interpretation” featuring Seventh Circuit Judge Frank H. Easterbrook and law professor and former Seventh Circuit nominee Victoria F. Nourse, moderated by Eleventh Circuit Judge William H. Pryor, Jr.
All other available videos from the event can be accessed via this link.
“Who Qualifies as ‘Media’ for Purposes of Texas Law Governing Appeals?” Eugene Volokh has this post at “The Volokh Conspiracy” discussing an amicus brief that the UCLA First Amendment Amicus Brief Clinic submitted last week on behalf of various law-related blogs, including “How Appealing.”
“Will the Supreme Court Take On Contraception Coverage Challenge?” Roll Call has this report.
“Republicans Block Another Obama Nominee for Key Judgeship”: Jeremy W. Peters will have this article in Tuesday’s edition of The New York Times.
The Los Angeles Times has a news update headlined “Obama 0 for 3 as GOP blocks another D.C. Circuit nomination.”
Michael Doyle and William Douglas of McClatchy Washington Bureau have an article headlined “Third time not the charm: Senate GOP rejects another Obama judicial nominee.”
The Associated Press reports that “Republicans block nominee to key appeals court.”
Bloomberg News reports that “Senate Republicans Block Third U.S. Appeals Court Nominee.”
Reuters reports that “Republicans defy threat, block another Obama judicial pick.”
Sahil Kapur of TPM DC reports that “GOP Completes Mass Filibuster Of Three Top Obama Judges.”
Politico.com reports that “Republicans block third Obama judge.”
Roll Call has blog posts titled “‘Nuclear Option’ Talk Heats Up After Another Filibuster” and “Abortion Dilemma in ‘Nuclear Option’ Debate.”
The Hill has a blog post titled “Senate GOP blocks third court nominee.”
And at “The BLT: The Blog of Legal Times,” Todd Ruger has a post titled “Senate Blocks Robert Wilkins’ Nomination to D.C. Circuit.”
You can access the U.S. Senate‘s official roll call vote tally on the rejected cloture motion at this link.
“Judge questions his role in NSA case”: Josh Gerstein of Politico.com has this report.
“Supreme Court Gives NSA A Pass”: Tomorrow’s broadcast of NPR’s “On Point” with Tom Ashbrook will contain this audio segment.
“Courtroom Cages Remain Common, Despite Criticism”: This article will appear in Tuesday’s edition of The New York Times.
“Defender of the Constitution”: The Hill has this profile of law professor Jeffrey Rosen.
“It isn’t only left-leaning judges who get into ‘ethics’ trouble”: Senior U.S. District Judge Richard G. Kopf has this post today at his blog, “Hercules and the Umpire.”
“Judicial nominees face unfair hurdles in the Senate”: The Washington Post has this editorial.
In other news coverage of today’s Order List of the U.S. Supreme Court: In today’s Order List, the Court did not grant review in any new cases.
Two denials of certiorari issued today were accompanied by a dissent, while a third was accompanied by a statement respecting the denial of certiorari.
Justice Sonia Sotomayor issued a dissent, in which Justice Stephen G. Breyer joined in part, from the denial of certiorari in Woodward v. Alabama, No. 13-5380. In news coverage, Mark Sherman of The Associated Press reports that “Justice Sotomayor faults Ala. death sentences.” And Lawrence Hurley of Reuters reports that “Supreme Court declines to hear Alabama death penalty case.”
Justice Samuel A. Alito, Jr. issued a statement respecting the denial of the petition for writ of certiorari in Martin v. Blessing, No. 13-169. In news coverage, Lawrence Hurley of Reuters reports that “U.S. justice airs concerns about using race in picking lawyers.”
And Justice Alito also issued a dissent, in which Justice Antonin Scalia joined, from the denial of certiorari in Rapelje v. McClellan, No. 12-1480.
Finally, at “SCOTUSblog,” Tom Goldstein has a post titled “What you can learn from opinions regarding the denial of certiorari.”
“Congress and Courts Weigh Restraints on N.S.A. Spying”: Adam Liptak and Jeremy W. Peters will have this article in Tuesday’s edition of The New York Times.
Robert Barnes of The Washington Post has a news update headlined “Supreme Court won’t hear challenge to spying program.”
Warren Richey of The Christian Science Monitor has an article headlined “Supreme Court rejects case on NSA spying on Americans’ phone calls; The US Supreme Court on Monday refused to consider whether the NSA, in collecting and storing information about the phone calls of virtually every American, overstepped its authority under the law.”
Lawrence Hurley of Reuters reports that “U.S. justices won’t review intelligence court action on phone records.”
Greg Stohr of Bloomberg News reports that “Telephone Surveillance Challenge Rejected by High Court.”
The Associated Press reports that “Supreme Court rejects plea to look at NSA program.”
Josh Gerstein of Politico.com has a blog post titled “Justices turn down surveillance case.”
At Wired.com’s “Threat Level” blog, David Kravets has a post titled “Supreme Court Rejects Case Challenging NSA Phone Spying.”
At Ars Technica, Cyrus Farivar reports that “Supreme Court declines to stop Verizon metadata handover to NSA; Writ of mandamus petition filed by privacy advocacy group after Snowden leaks.”
And at “SCOTUSblog,” Lyle Denniston has a post titled “NSA spying challenge turned aside.”
“Weighing Free Speech in Refusal to Photograph Lesbian Couple’s Ceremony”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
“U.S. appeals court revives Apple bid for Samsung injunction”: Reuters has this report.
Bloomberg News reports that “Apple Can Seek to Block Samsung Smartphones, Court Says.”
The Associated Press reports that “Court orders new review of Apple injunction.”
And at his “Patently-O” blog, Dennis Crouch has a post titled “Federal Circuit offers Apple Second Chance to Block Sales of Samsung Galaxy Nexus Devices.”
You can access today’s ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Programming note: This morning, I have a meeting out of the office with trial counsel in a potential new appeal. At 9:30 a.m. eastern time this morning, the U.S. Supreme Court is scheduled to issue an Order List. Once the Court posts that Order List online, you can access it via this link. Additional posts will appear here this afternoon.
“Senate heads toward new filibuster fight”: Politico.com has a report that begins, “The Senate is careening down a path toward yet another war over the filibuster. With Republicans set on Monday to block Robert Wilkins’s nomination to the D.C. Circuit Court of Appeals, both parties’ positions appear hopelessly intractable.”
“Flights to Gitmo, and justice: Pa. man, injured on 9/11, gets a chance via lottery to witness proceedings in Cuba.” This article appeared yesterday in The Philadelphia Inquirer.
And The Associated Press reports that “White House pushes to loosen Gitmo transfer rules.”
