“Past Nominees Have Been Undone by Far Less Than What Surrounds Trump Picks; Back taxes, youthful pot smoking and undocumented nannies scuttled previous presidential choices; Some of President-elect Donald J. Trump’s candidates face bigger questions”: Carl Hulse of The New York Times has this news analysis.
“House panel was told Gaetz paid two women $10,000, in part for sex; The House Ethics Committee is expected to vote on whether to release its investigation into the former congressman”: Jacqueline Alemany, Liz Goodwin, and Leigh Ann Caldwell of The Washington Post have this report.
“Ethics Committee Declines to Release Matt Gaetz Report; Trump’s attorney general pick tries to build support with meetings on Capitol Hill”: Lindsay Wise, Katy Stech Ferek, and Siobhan Hughes of The Wall Street Journal have this report.
“In the Seventh Circuit, Procedural Red Herrings Threaten the Second Amendment”: Stephen Halbrook has this post at “The Volokh Conspiracy.”
“The Newly Revived Zombie Laws Threatening to Lock Up Women When They Miscarry”: Law professor Mary Ziegler has this Jurisprudence essay online at Slate.
“Louisiana’s Ten Commandments in classrooms law remains on hold, 5th Circuit rules”: Greg LaRose of Louisiana Illuminator has this report.
Kevin McGill of The Associated Press reports that “Court ruling stops Louisiana from requiring Ten Commandments in classrooms for now.”
Andrew Harris and Ufonobong Umanah of Bloomberg Law report that “Louisiana 10 Commandments Law to Stay Blocked During Appeal; Fifth Circuit denies stay as Louisiana appeals injunction; Lower court said Commandment mandate facially inoperative.”
And in earlier related coverage, Patrick Wall of The Times-Picayune of New Orleans had an article headlined “Meet the controversial Christian activist who inspired Louisiana’s Ten Commandments law.”
“Trump’s Recess Appointment Gambit Is Unconstitutional; Rather than working with senators in his own party, the president-elect wants to see how quickly he can sideline them”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“US Judiciary Reports Increase in Employee Workplace Disputes; Judiciary employee workplace matters up to 94 in fiscal 2023; Data came in first judiciary report of its kind”: Jacqueline Thomsen and Suzanne Monyak of Bloomberg Law have this report.
“Judiciary Releases First Annual Report on the Workplace”: The Administrative Office of the U.S. Courts issued this news release today.
You can access the 2023 Annual Report on the Judiciary Workplace at this link.
“This Election’s Surprising Bright Spot for Progressives Is a Very Big Deal”: Mark Joseph Stern has this Jurisprudence essay online at Slate.
“Trump Is Gunning for Birthright Citizenship — and Testing the High Court; The president-elect has targeted the Fourteenth Amendment’s citizenship protections for deletion; The Supreme Court might grant his wish”: Matt Ford has this essay online at The New Republic.
“Oklahoma Supreme Court justice recuses herself from lawsuit over Ryan Walters’ Bible mandate”: Murray Evans of The Oklahoman has this report.
“U.S. Supreme Court Database finds home at Penn State”: Steven Kister of The Daily Collegian has this report.
“Senate After Dark: Democrats foresee more late nights confirming Biden judges amid GOP delay tactics; Republicans have pulled procedural levers to slow down a normally speedy confirmation process for federal judges, part of an effort to gum up the works for Democrats as they attempt to fill the federal bench ahead of a second Trump administration.” Benjamin S. Weiss of Courthouse News Service has this report.
“Wisconsin officials seek sanctions against judge who tried to discredit 2020 election; Robin Vos, speaker of Wisconsin Assembly, hired the former justice under pressure from then-candidate Donald Trump, who at the time was spouting conspiracy theories about the 2020 election”: Destiny DeVooght of Courthouse News Service has this report.
“Former Oxford Academy student passes state bar at a record 17 years, 8 months old”: Michael Slaten of The Orange County Register has this report.
And Alexandra E. Petri of The New York Times reports that “At 17, She Just Passed the State Bar of California; Sophia Park is believed to be the youngest person to pass the California State Bar Exam, besting the previous record-holder: her older brother, Peter.”
“The New Anti-Abortion Argument Takes Us Back to the 19th Century”: Linda Greenhouse has this guest essay online at The New York Times.
“Trump Tests the Constitution’s Limits; It’s up to officials in the three branches of government to keep the president in line”: Columnist William A. Galston will have this op-ed in Wednesday’s edition of The Wall Street Journal.
“Biden’s Judicial Nominees and Absentee Republicans; Some Senators aren’t showing up to oppose lame-duck nominees”: This editorial will appear in Wednesday’s edition of The Wall Street Journal.
“Ohio Supreme Court declines to rule on trans Ohioans’ ability to change birth certificates”: Erin Glynn of The Columbus Dispatch has this report.
Laura Hancock of The Cleveland Plain Dealer reports that “Ohio Supreme Court denies transgender woman’s request to change birth certificate.”
Kevin Koeninger of Courthouse News Service reports that “Ohio Supreme Court hits impasse over trans woman’s birth certificate; Unable to decide whether state law allows alterations to the ‘sex marker’ on birth certificates, the court left intact a lower court’s refusal to let a trans woman update hers.”
And Dan Trevas of Courthouse News Ohio reports that “Court Unable to Rule on Transgender Woman’s Request to Change Birth Certificate.”
You can access today’s ruling of the Supreme Court of Ohio, and the separate opinions accompanying it, at this link.
“Wyoming abortion bans indefinitely struck down by Teton County judge”: Jasmine Hall of The Jackson Hole News & Guide has this report.
Joshua Wolfson of WyoFile reports that “Gordon pursues appeal after judge blocks Wyoming abortion bans; The governor called the decision ‘frustrating,’ but said it was always clear the matter would go before the Wyoming Supreme Court.”
Mead Gruver of The Associated Press reports that “Judge strikes down Wyoming abortion laws, including an explicit ban on pills to end pregnancy.”
And Fallon Gallagher and Raquel Coronell Uribe of NBC News report that “Judge strikes down Wyoming’s abortion laws, saying they violate state constitution; The ruling means abortion in Wyoming is legal for now up until fetal viability.”
“US Senate Democrats secure confirmation of long-delayed judicial nominee”: Nate Raymond of Reuters has this report.
According to the article, “The Democratic-led Senate voted 51-44 to elevate U.S. Magistrate Judge Mustafa Kasubhai in Eugene, Oregon, to a district court judgeship, making him only the third Muslim American to serve as a life-tenured federal judge.”
And Tiana Headley of Bloomberg Law reports that “Biden Trial Pick Kasubhai Confirmed After Rocky Senate Ride; Mustafa Kasubhai only one of handful of Muslim life-tenured US judges; Appointed to sit on Oregon’s district court.”
“Democrats look at late-night, weekend votes to confirm last Biden judicial nominees”: Alexander Bolton of The Hill has this report.
And Diego Areas Munhoz and Tiana Headley of Bloomberg Law report that “Senate Democrats Face GOP Fight on Rush of Biden Judge Nominees; Absences help Democrats move nominees amid stalling tactics; Schumer tries to maximize impact on courts before Trump return.”
“Embry Kidd to Join Thin Ranks of Black Male Circuit Judges; Kidd is second Black male appellate appointee in decade; Biden has prioritized diversity in court selections”: Tiana Headley of Bloomberg Law has this report.
Nate Raymond of Reuters reports that “US Senate confirms first Biden-picked appellate judge since election.”
And A.G. Gancarski of Florida Politics reports that “Ron DeSantis knocks no-show Senators — including Marco Rubio, JD Vance — after ‘leftist’ judicial confirmation.”
Yesterday, the U.S. Senate confirmed Magistrate Judge Embry J. Kidd (M.D. Fla.) to serve on the U.S. Court of Appeals for the Eleventh Circuit by a vote of 49-to-45.
“NC Supreme Court race headed to recount with Allison Riggs leading Republican challenger”: Kyle Ingram of The News & Observer of Raleigh, North Carolina has this report.
And Will Doran of WRAL reports that “Riggs appears to win NC Supreme Court race, but Griffin calls for a recount; North Carolina Supreme Court Justice Allison Riggs, the Democratic incumbent, led Republican Jefferson Griffin by 625 votes out of 5.5 million once all votes were finished being counted late Monday; Griffin’s team appears to be preparing to call for a recount.”
“Would Trump’s Justices Approve His Recess Appointments? Probably not — and Roberts, Thomas and Alito already expressed disapproval in the 2014 Noel Canning case.” Law professor Jed Rubenfeld has this essay online at The Wall Street Journal.
“A Tribute to Gene Meyer”: Josh Blackman has this post at “The Volokh Conspiracy.”
“Court appears unlikely to spare former Fox News reporter in contempt fight; The case could become the first big showdown over press freedom during Donald Trump’s second term”: Josh Gerstein and Kyle Cheney of Politico have this report.
You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
“Pa. Supreme Court again rules that Philly and other counties cannot count undated mail ballots; The ruling comes after several Philly-area counties defied the court’s previous guidance; The issue has come under close scrutiny as the race between Bob Casey and Dave McCormick undergoes a recount”: Sean Collins Walsh of The Philadelphia Inquirer has this report.
Today’s decision of the Supreme Court of Pennsylvania consists of a per curiam order, two concurring statements (here and here), and a dissenting statement.
“Trump’s Parade of Clowns, Idiots, and Creeps”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.
“The Senate Will Absolutely Confirm Matt Gaetz; If you think these Republicans are going to stand up to Donald Trump, you have not been paying attention”: Dahlia Lithwick has this Jurisprudence essay online at Slate.
“Mass Tort Lawyers Trapped in Cycle of Debt as Cases Drag On; Mass tort firms refinance loans as they await settlements; Funders see ‘fallow period’ in big-ticket lawsuit pipeline”: Emily R. Siegel of Bloomberg Law has this report.
“Matt Gaetz And the Clown Car Crash Into the Justice Department; Justice and free speech are getting crushed in the name of ‘justice’ and ‘free speech’”: You can access the new episode of Slate’s “Amicus” podcast via this link.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.
“Texas Supreme Court removes temporary block to Robert Roberson’s execution; The state’s highest civil court ruled that legislators can’t use subpoenas to block death row inmates’ executions, but suggested there’s still time for Roberson to testify before a Texas House panel”: Pooja Salhotra and Terri Langford of The Texas Tribune have this report.
You can access last Friday’s ruling of the Supreme Court of Texas at this link.