“Chutzpah Department: After Federal District Court Failed to Act within Hours on DOJ ‘Request’ to Expedite TRO Hearing in California Ballot Case, DOJ Already Appealing to the Ninth Circuit.” Rick Hasen has this post at his “Election Law Blog.”
“Philly DA Larry Krasner said the federal investigation into his office ‘does not concern me at all’; Krasner said his office had acted appropriately in a controversial post-conviction case, and sought to cast the probe as a politically motivated effort to target an opponent of President Donald Trump”: Chris Palmer of The Philadelphia Inquirer has this report.
“There Is No Right-Wing Culture War These Two Justices Won’t Fight; Whenever a legal argument goes too far for the other conservative justices, Clarence Thomas and Samuel Alito are right there to encourage activists to try again soon”: Jay Willis has this essay online at Balls and Strikes.
“Jan. 6 Rioters Pardoned for Assaulting Cops Now Want Taxpayer Money; Nearly 200 people granted clemency by Trump for Jan. 6 charges are suing for US compensation, including dozens convicted of attacking or impeding law enforcement”: Zoe Tillman of Bloomberg News has this report.
“A Conversation with Justice Elena Kagan”: The Center for the Constitution and the Catholic Intellectual Tradition has posted this video on YouTube.
“Sound Off: A Double Standard for ‘Conservative’ and ‘Liberal’ Labels? Josh Blackman, a professor at the South Texas College of Law Houston, on why he sees a bias in the way The Times uses political labels.” Patrick Healy of The New York Times has this “Sound Off” interview with law professor Josh Blackman.
“The Supreme Court Is More Apathetic Than Partisan”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“CBS insiders say staff want to see reporter fired for political post ripping Michigan Democrat; ‘Bari doesn’t think she did anything wrong’ one insider said”: Isabel Keane of The Independent has this report.
And Zachary Leeman of Mediaite reports that “CBS Journo Reportedly Not Facing Further Repercussions Over Abdul El-Sayed Tweet Amid Internal Calls for Her to Be Fired.”
“‘Lawyer’ Vs. ‘Attorney’: Is This A Thing? I combed through decades-old dictionaries and case law — and interviewed Bryan Garner, the longtime editor of Black’s Law Dictionary — to find out.” David Lat has this post at his “Original Jurisdiction” Substack site.
“The Attorney General Who Said Nothing; A justice’s retirement secret, an assassination attempt, and ‘Who’s O’Connor?’” Ed Whelan has this post at his “Confirmation Tales” Substack site.
“Who’s the Loneliest Supreme Court Justice?” You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.
“Why Justice Ketanji Brown Jackson goes it alone”: Joan Biskupic of CNN has this news analysis.
“Is Citizens United to Blame for Everything? Plus: The justices’ book deals mean the court can’t rule on cases involving a media conglomerate.” Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.
“Bonus 258: Book Deals and 28 U.S.C. § 2109; The underlying dispute in BMG Rights Management v. Vetter was about a 1962 song; The real lessons are about the Court’s quorum rules — and the mischief caused by the justices’ (many) book deals.” Steve Vladeck has this post at his “One First” Substack site.
“Supreme Court Blocks Trump From Denying Gender-Transition Care to Federal Prisoners; The justices, for now, agreed to continue preventing the Bureau of Prisons from implementing a policy that would prohibit gender-transition medical treatments”: Ann E. Marimow of The New York Times has this report.
Julian Mark of The Washington Post reports that “Supreme Court allows gender transition care for federal prisoners for now; During his first days in office, President Donald Trump signed an order directing officials to end transition care for federal prisoners with gender dysphoria.”
And James Romoser of The Wall Street Journal reports that “Supreme Court Blocks Trump’s Ban on Care for Transgender Prisoners; Court blocks Trump administration from banning hormone treatment and gender-related accommodations for federal inmates.”
You can access today’s order of the U.S. Supreme Court at this link.
“Kagan diagnoses American democracy with a Supreme Court problem; Justice Elena Kagan said the high court had created a democracy that does not work as it should”: Kelsey Reichmann of Courthouse News Service has this report.
Federal Switchblade Act violates the Second Amendment and is thus unconstitutional, Fifth Circuit rules: You can access today’s unanimous decision of a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
“Regulatory Four-Night: Who can fire US Attorneys? The Missing Clear-Statement Analysis; A Thought Experiment About Vacatur, A Reason for Judge Greg Katsas’s Influence, A Firsthand Account of Ken Paxton, and More.” Aaron L. Nielson has this post at Civitas Outlook.
“The Supreme Court’s Right Flank Wants to Give You Fewer Privacy Rights Than a Famous Judge; When a textualist interpretation of a law would hold corporations accountable for violating privacy rights, the conservative justices suddenly feel very differently about how to do their jobs”: Madiba K. Dennie has this essay online at Balls and Strikes.
“U.S. Supreme Court lets name change remain for S.F.’s 148-year-old law school”: Bob Egelko of The San Francisco Chronicle has this report.
“What Can CBS News Reporters Do Under Bari Weiss?” Online at New York magazine, Daniel Strauss has an essay that begins, “Over the weekend, CBS News chief legal correspondent Jan Crawford set off a media firestorm for her network.”
“Not Anymore, Part One; How the robots won”: Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”
“U.S. Begins Disclosing C.I.A. Interview Reports From Scrutiny of Post-9/11 Torture; The rolling release of long-secret files could add detail to the history of a legally disputed Bush-era counterterrorism program”: Charlie Savage of The New York Times has this report.
“DC Circuit sides with religious groups in fight to block ICE church raids; In a split decision, the appellate panel determined 27 Judeo-Christian groups had shown they would be harmed by ICE’s loosening of rules meant to only allow raids in the narrowest circumstances”: Ryan Knappenberger of Courthouse News Service has this report.
And Suzanne Monyak of Bloomberg Law reports that “Bid to Curb ICE Arrests at Churches Revived by Appeals Court.”
You can access today’s decision of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
“‘Bum rap’: Supreme Court is not in Trump’s pocket, Justice Kagan says; Kagan, one of the court’s three liberals, said the conservative majority has not been a rubber stamp for President Trump; But she still raised concerns about it’s ideological balance.” Maureen Groppe of USA Today has this report.
Lawrence Hurley of NBC News reports that “Justice Elena Kagan accuses Supreme Court’s conservative majority of undermining democracy; The liberal justice took aim at various recent rulings, including one that paved the way for rampant partisan gerrymandering of legislative districts.”
And Greg Stohr of Bloomberg News reports that “Supreme Court’s Kagan Says Election Rulings Creating ‘Nightmare.’”
Update: In other coverage, Justin Jouvenal of The Washington Post reports that “Justice Kagan says Supreme Court has damaged democracy with recent rulings; The liberal justice took aim at the conservative majority’s rulings on the Voting Rights Act, campaign finance and partisan gerrymandering.”
“Adkisson nomination appears to be moving forward after Senator Blackburn returns blue slip; Her decision to initially block his nomination remains unexplained”: Patrick McNeil has this post at his “Nomination Notes” Substack site.
“Will the Supreme Court Finally Dismantle Bivens’s House of Cards? For the sake of federal accountability, these Justice Department alums certainly hope so.” Mary Hampton Mason and Laura Katherine Smith have this post at the “Lawfare” blog.
“Supreme Court recusals over books raise questions about policy”: Carrie Johnson had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”
“A Billionaire Wanted a Trump Pardon. His Family Gave Alina Habba a $50 Million Deal. Julio Herrera Velutini, a prominent Venezuelan, was seeking clemency. He got it not long after his daughter gave Ms. Habba, a lawyer close to President Trump, an extraordinarily lucrative job.” Tyler Pager of The New York Times has this report.
“US Ban on Making Liquor at Home to Be Reviewed by Supreme Court”: Greg Stohr of Bloomberg News has this report.
And Kelsey Reichmann of Courthouse News Service reports that “SCOTUS takes on 158-year-old backyard liquor ban; Conflicting appeals court rulings leave the lawfulness of home liquor distilling to mean two different things in Texas and Ohio, setting up a high court showdown over a century-old law.”
“A Constitutional Crisis Over a Golf Course”: You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.
“Judge Brown Emailed Sealed Court Papers to About 140 People”: Jacqueline Thomsen of Bloomberg Law has this report.
And Nate Raymond of Reuters reports that “Texas federal judge suspended from hearing cases over mental health concerns.”
You can access the documents that the Judicial Council of the U.S. Court of Appeals for the Fifth Circuit posted online yesterday at this link.
“The Justice Department has opened a criminal investigation into Philly DA Larry Krasner’s office, sources say; Federal prosecutors have sent grand jury subpoenas to Krasner’s office to investigate potential obstruction of justice, the sources said”: Chris Palmer and Ellie Rushing of The Philadelphia Inquirer have this report.
“Judge Clashes with Justice Department About Trump’s Golf Course Plan; Government attorneys sparred with Judge Ana C. Reyes over testimony by several government witnesses about the chain of decisions surrounding East Potomac Golf Links”: Zach Montague of The New York Times has this report.
Rick Maese of The Washington Post has an article headlined “Amid attacks by Trump, judge weighs golf course plan in tense hearing; After the president called her a ‘crazed lunatic,’ U.S. District Judge Ana C. Reyes clashed with Justice Department lawyers and said she’d been told there were threats on her life.”
And Lydia Wheeler of The Wall Street Journal reports that “Trump’s D.C. Golf Course Renovation Spurs New Legal Tensions; President’s push to move ahead quickly to overhaul the East Potomac Golf Links puts his administration in the hot seat with a frustrated judge.”
“Supreme Court to hear case challenging admissions criteria for middle-school program; A group of parents contend the criteria to a selective magnet program in Montgomery County, Maryland, put Asian American students at a disadvantage”: Julian Mark and Angie Orellana Hernandez of The Washington Post have this report.
And Kelsey Reichmann of Courthouse News Service reports that “Maryland magnet school pulls Supreme Court back into fight over race in admissions; After tackling the use of race in college admissions, the high court will consider how equal protection applies in the K-12 admissions context.”