“Two Magicians Warn the Supreme Court About Junk Science; Penn & Teller filed a Supreme Court brief questioning the use of ‘investigative hypnosis’ in a death-penalty case in Texas”: Adam Liptak has this new installment of his “The Docket” newsletter online today at The New York Times.
“Trump-Appointed Judges Rebuke Denial of Covid-19 Bias Rehearing”: Quinn Wilson of Bloomberg Law has this report (subscription required for full access).
You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit, and the dissents therefrom, at this link.
“How the Supreme Court Defeated Trump: A conservative court watcher explains why the president has failed to bend the judicial branch to his will.” Online at The New York Times, Sarah Isgur is the guest on today’s new episode of Ross Douthat’s “Interesting Times” podcast.
And at the “Executive Functions” Substack site, Isgur joined Jack Goldsmith for a discussion titled “The Last Branch Standing: Sarah Isgur on the Supreme Court and Executive Power.”
“Ninth Circuit Orders Rehearing of California Open-Carry Gun Case”: Maia Spoto of Bloomberg Law has this report (subscription required for full access).
You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit at this link.
“I Almost Never Predict Supreme Court Outcomes. Trump Will Lose This Case.” Linda Greenhouse has this guest essay online at The New York Times.
“U.S. Supreme Court Justice Ketanji Brown Jackson Delivers James A. Thomas Lecture”: Yale Law School has this report.
You can access video of the event via this link.
In news coverage, Josh Gerstein of Politico reports that “Justice Ketanji Brown Jackson slams Supreme Court’s emergency docket actions; Jackson faulted her fellow justices for often forcing the public and lower-court judges to rely on ‘scratch-paper musings.’”
And Jordan Fischer and Justin Wise of Bloomberg Law report that “Jackson Says Court’s Emergency Orders Risk ‘Zombie’ Proceedings.”
“Key Senator Says Any AG Pick Who Backed Jan. 6 ‘Dead on Arrival’”: Suzanne Monyak of Bloomberg Law has this report.
“US judicial panel scraps key provision in amicus brief disclosure rule”: Nate Raymond of Reuters has this report.
And Jacqueline Thomsen of Bloomberg Law reports that “Judicial Panel Trims Amicus Rule Change After Privacy Worries.”
“Former Trump lawyer John Eastman disbarred for trying to overturn 2020 election”: Andrew J. Campa of The Los Angeles Times has this report.
Kyle Cheney of Politico reports that “John Eastman loses his law license in California over 2020 election scheme; Eastman helped architect Trump’s legal effort to block Joe Biden’s 2020 victory.”
The “At the Lectern” blog has a post titled “California Supreme Court disbars President Trump’s lawyer, John Eastman.”
And in commentary, online at Fox News, Mike Davis has an essay titled “California’s highest court disgraces itself by upholding disbarment of John Eastman; Constitutional scholar Eastman committed no crime and Jeff Clark faces a similar fight in DC.”
“Conservative Judges’ Early Hiring Fuels Two-Track Clerkship System at Harvard Law”: Sierra R. Pape and Uy B. Pham of The Harvard Crimson have this report.
“Justice Thomas Speaks in Honor of 250th Anniversary of U.S.” C-SPAN has posted this video online.
In news coverage, Devin Dwyer of ABC News reports that “Supreme Court Justice Clarence Thomas blasts progressivism as threat to America; He said values in the Declaration of Independence have ‘fallen out of favor.’”
Breanne Deppisch of Fox News reports that “Justice Thomas warns progressivism is a threat to America in rare public remarks; Thomas’s remarks urged young people to have courage and stand up for their ideals.”
And Ryan Autullo of Bloomberg Law reports that “Supreme Court Needs Congress to Help on AI, Clarence Thomas Says.”
“Justice Sotomayor Apologizes for Highly Personal Criticism of Justice Kavanaugh; At the University of Kansas School of Law last week, she criticized her colleague while discussing his views in an immigration-related case”: Ann E. Marimow of The New York Times has this report.
James Romoser of The Wall Street Journal reports that “Supreme Court Justice Sotomayor Issues Public Apology to Kavanaugh; Liberal justice says she regrets sharply personal criticism over immigration ruling.”
Josh Gerstein of Politico reports that “Justice Sonia Sotomayor apologizes for swipe at Kavanaugh; The Obama appointee suggested Justice Brett Kavanaugh’s upbringing left him insensitive in a case about immigration stops.”
Kelsey Reichmann of Courthouse News Service reports that “Sotomayor apologizes to Kavanaugh for ‘hurtful’ comments; The ideological wings of the high court bench have been at odds over how to handle cases on the emergency docket.”
And at his Substack site, Chris Geidner has a post titled “Why Justice Sotomayor’s apology to Justice Kavanaugh makes sense; There are just nine votes on the court, and each time they cast those votes they’re setting the rules that all of us need to live under for now; Sotomayor knows that.”
“Eighth Circuit swats challenge to Minnesota policy embracing trans athletes; A circuit judge said since Trump’s executive orders aren’t yet established law, they can’t be relied on to prove the likelihood of Title IX violations”: Ryan Luetkemeyer of Courthouse News Service has this report.
You can access today’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
“Trump Lawyer Selected for Appeals Court Pledges Independence”: John Crawley of Bloomberg News has this report.
Nate Raymond of Reuters reports that “Senate Democrats question loyalty of Trump personal attorney nominated to judgeship.”
And in commentary, online at Balls and Strikes, Jay Willis has an essay titled “When Trump Judges Complain About ‘Woke Ideology,’ Everyone Knows What They Mean; Eighth Circuit nominee Justin Smith says he will decide cases ‘fairly and impartially’; On his LinkedIn page, he still describes himself as ‘an attorney and strategist who fights for conservative values.’”
“Fairhope protester acquitted of charges after inflatable costume arrest during anti-Trump rally”: John Sharp of Alabama Media Group has this report.
And Gabriel Tynes of Courthouse News Group reports that “Penis costume protester prevails in court; Alabama officers said the woman’s costume created a public safety threat and arrested her at an October ‘No Kings’ rally.”
“Justice Dept. Moves to Vacate Jan. 6 Convictions for Far-Right Extremists; Defending the convictions would likely have required administration officials to assert that far-right groups were acting on behalf of President Trump on Jan. 6, 2021”: Alan Feuer of The New York Times has this report.
And Salvador Rizzo, Jeremy Roebuck, and Perry Stein of The Washington Post report that “DOJ moves to undo Jan. 6 rioters’ convictions for seditious conspiracy; President Donald Trump last year commuted the prison sentences of 12 members of the Proud Boys and Oath Keepers.”
“Grassley Wants Lee or Cruz for Supreme Court if Vacancy Arises”: Lillianna Byington of Bloomberg Law has this report.
“Process to Refund Tariffs to Begin Next Week; Trade court judge says government confirmed it is on track to start processing claims for refunds of Trump’s tariffs invalidated by the Supreme Court”: Lydia Wheeler of The Wall Street Journal has this report.
And Laura Curtis of Bloomberg News reports that “Bessent Says Trump’s Tariff Rates Could Be Restored by July.”
“Appeals Court Ends Contempt Inquiry Into Deportation Flights; A federal judge’s nearly yearlong effort to investigate whether the Trump administration had violated his order had become a point of contention in the president’s battles with the courts”: Alan Feuer of The New York Times has this report.
Salvador Rizzo of The Washington Post reports that “Appeals court again blocks contempt inquiry into deportation flights; Chief U.S. District Judge James E. Boasberg of D.C. has clashed with the Trump administration over dozens of Venezuelan migrants’ ‘hasty’ removals to a prison in El Salvador.”
And Ryan Knappenberger of Courthouse News Service reports that “Judge ordered to end contempt probe over deportation flights; The majority found the Trump administration had violated neither the bench order nor the written order by U.S. District Judge James Boasberg regarding deportation flights.”
“RBG Medical Records Hacker Can’t Undo Criminal Conviction”: Mary Anne Pazanowski of Bloomberg Law has this report.
You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
“The Justice Department’s position on presidential papers is astounding; I know the Presidential Records Act well; Now the Trump administration is calling it unconstitutional”: Gary M. Stern has this essay online at The Washington Post.
“Trump Chooses His Personal Lawyers for Federal Appeals Courts”: Jacqueline Thomsen of Bloomberg Law has this report.
“Trump Refights the ‘War’ That Congress and the Burger Court ‘Waged’ Against President Nixon’s Tapes; The OLC’s opinion will frustrate, rather than extend, the dangerous cycle of presidential lawfare”: Josh Blackman has this essay online at Civitas Outlook.
“New York City’s Prohibition on Stun Guns, Tasers Survives Appeal”: Mallory Culhane of Bloomberg Law has this report (subscription required for full access).
You can access yesterday’s non-precedential decision of the U.S. Court of Appeals for the Second Circuit at this link.
“Boasberg Contempt Hearing for Noem Found on Appeal to Be ‘Abuse’”: Erik Larson of Bloomberg News has this report.
And Kyle Cheney and Josh Gerstein of Politico report that “Appeals court again blocks Boasberg contempt probe into Alien Enemies Act deportations; The ruling is a win for the administration against a judge whom the president has sought to fashion into an adversary.”
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.
“Ex-Trump Official, Obama Nominees to Decide Big Law Orders Fight”: Justin Henry of Bloomberg Law has this report.
Earlier, Henry reported that “DOJ Seeks to Salvage at Least Some of Trump’s Big Law Orders.”
You can view the federal government’s Reply Brief for Appellants at this link.
And in commentary, online at Bloomberg Law, law professor Seth Katsuya Endo has an essay titled “Law Firms Can Use Conduct Rule to Push Back on Trump Sanctions.”
“With 102 days until court deadline, Pa. advocates criticize delay on felony murder bill vote; Pa. Supreme Court ruling is likely to kick off what could be the largest resentencing effort in the commonwealth’s history”: Ian Karbal of Pennsylvania Capital-Star has this report.
“What the Verdict Against Meta and Google Says About the Way We Live Now; The finding of a California jury represents the opening legal salvo in a fight against one of the central anxieties of our time”: Law professor Jeannie Suk Gersen has this essay online at The New Yorker.
“Trump’s DOJ Defends Lawyer Sanctions Ahead of Court Appearance”: Justin Henry of Bloomberg Law has an article that begins, “The Department of Justice hit back at four law firms on President Trump’s target list late Friday in a final written brief before arguing in person next month.”
“Clarence Thomas to give University of Texas lecture”: Asher Price of Axios has this report.
“Judicial Vacancies and the Wheel of Fortune ; Once a judge is relying on the odds, he has relinquished his agency over the decision; It is no longer a function of rational deliberation but a function of Fortune’s wheel, whose spin the judge has no choice but to accept”: Michael A. Fragoso has this essay online at Public Discourse.
“After 20-point Supreme Court loss, Wisconsin Republicans look for who’s to blame; Some conservatives want state Republican Party Chair Brian Schimming fired, while others blame conservative Judge Maria Lazar’s failed campaign”: Rich Kremer of Wisconsin Public Radio has this report.
“The Supreme Court’s Stealth Attack on the Regulatory State”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Alaska man to plead guilty to threatening six US Supreme Court justices”: Nate Raymond of Reuters has this report.
Update: In other coverage, Justin Wise and Jordan Fischer of Bloomberg Law report that “Man Who Called for Assassination of Justices to Plead Guilty.”
“War Crimes, Christian Nationalism, and the 25th Amendment”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.