“Montana Ban Would Strike at Political Spending, and the Supreme Court; A measure aimed at stemming the tide of corporate money in politics will be on the November ballot; Opponents say it violates a high court ruling”: Neil Vigdor of The New York Times has this report.
“Ninth Circuit overturns order requiring Oregon to house transgender women in women’s prisons; A three-judge panel made up of Trump appointees scolded a magistrate judge for relying on ‘stale statistics’ and engaging in ‘baseless speculation’”: Hillel Aron of Courthouse News Service has this report.
You can access today’s decision of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Blanche’s Political Campaigning Breaks an Ethical Norm Going Back to Watergate; The attorney general’s campaign politicking for Republicans adds to the degradation of post-Watergate values at the Justice Department”: Charlie Savage of The New York Times has this news analysis.
“Phone Searches at Border Without Cause Upheld by Circuit Court”: Andrew Kreighbaum of Bloomberg Law has this report (subscription required for full access).
You can access today’s decision of a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
“Missouri election map hearing could tee up fresh Supreme Court scrutiny; Justices have already weighed in twice on the fate of the gerrymandered map, which would give Missouri Republicans an edge in seven U.S. House districts, compared to one for Democrats”: Joe Harris of Courthouse News Service has this report.
“Barrett Sidesteps Question About Trump Attacks on Supreme Court”: Holly Barker and Jordan Fischer of Bloomberg Law have this report.
“Senate Democrats dodge on SCOTUS strategy in post-midterm majority scenario; Democrats weren’t willing to say whether they would engage in partisan gamesmanship to block a future Trump Supreme Court pick should they retake the Senate this year, following a warning from the party’s outgoing No. 2”: Benjamin S. Weiss of Courthouse News Service has this report.
“Are Trump’s Official Papers His Personal Property? The administration argues that presidential papers are like those of Supreme Court justices.” Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.
“Looking Ahead to the Supreme Court Term”: You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.
“Justice Sotomayor concerned Americans may not be able to ‘keep’ republic”: Randy Krehbiel of The Tulsa World has this report.
And Megan Crepeau of Bloomberg Law reports that “Sotomayor Renews Sharp Criticism of Expanding Presidential Power.”
“Trump Makes Fewer Asian American Judicial Picks in Second Term”: Olivia Alafriz of Bloomberg Law has this report.
“Bonus 250: Reining in Military Jurisdiction; A lot of my scholarship, and an increasing amount of my litigation work, has centered on the jurisdiction of military courts — and my (minority?) view that it should be far narrower than it is today.” Steve Vladeck has this post at his “One First” Substack site.
“A Gender War Explodes in Utah Over the Courts, Abortion and Representation; When Republicans tried to repeal a law that voters passed banning gerrymandering, they found an opposition that flew in the face of Utah women’s ‘tradwives’ imagery”: Kate Zernike of The New York Times has this report.
“Outlet mall owners ask Texas Supreme Court to axe mass shooting lawsuit; In 2023, a mass shooter killed eight people and injured seven others at an outlet mall in Allen, Texas; Victims of the shooting argue the mall’s owners were negligent in failing to adopt appropriate security measures”: Christina van Waasbergen of Courthouse News Service has this report.
“Justice Barrett, Explained; How Amy Coney Barrett became the Supreme Court’s unlikely swing vote, without becoming any less conservative”: Noah Feldman has this post at his Substack site.
“Durbin pours cold water on Democratic hopes for SCOTUS hardball; The top Democrat on the Senate Judiciary Committee said that any future Supreme Court nominees should get a vote, regardless of which party controls Congress”: Kelsey Reichmann of Courthouse News Service has this report.
“Philly attorney and TikTok influencer ‘Tommy the Lawyer’ charged with assaulting his girlfriend; Thomas Bosworth has been growing his legal practice, and social media presence, since his 2022 separation from Kline & Specter that sparked a long and ugly court battle”: Abraham Gutman and Vinny Vella of The Philadelphia Inquirer have this report.
“Newman, 99-Year-Old Judge, Could Hear Cases Again Under GOP Bill”: Michael Shapiro of Bloomberg Law has this report.
You can view the text of the bill at this link. And U.S. Representative Scott Fitzgerald (R-WI) has issued a news release titled “Rep. Fitzgerald Introduces Landmark Reform of Judicial Conduct and Disability Act.”
“John Roberts’ New Role Model Demonstrates Everything Wrong With the Supreme Court”: Law professors Nikolas Bowie and Daphna Renan have this Jurisprudence essay online at Slate.
“High-Profile Phila. Attorney Charged With Assault, Harassment Following Alleged Domestic Altercation; The alleged incident involving attorney Thomas Bosworth occurred Sept. 3 along a walking trail in Bala Cynwyd; Police said a 911 caller reported seeing a man choking a woman and throwing her into bushes beside the trail”: Riley Brennan of The Legal Intelligencer has this report.
“‘The Reality of Forfeiture’: 5th Circuit Split on if ‘My 600-lb Life’ Producer Gave Up Key Argument.” Avalon Zoppo of The National Law Journal has this report.
You can access Monday’s decision of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link. Circuit Judge Stuart Kyle Duncan wrote the majority opinion. Circuit Judge James C. Ho issued a concurring opinion. And Circuit Judge Andrew S. Oldham issued a dissenting opinion.
“Mail-In Voting Survives: In an unsigned ruling, the Supreme Court demonstrated that it is willing to limit Donald Trump’s agenda.” Ruth Marcus has this essay online at The New Yorker.
“MOTION by Thomas C. Goldstein to accelerate case processing”: Yesterday, counsel for defendant-appellant filed this motion in the U.S. Court of Appeals for the Fourth Circuit.
“Election watchers brace for Trump’s next move after Supreme Court ruling; The legal whiplash over mail-in ballots has deepened worries about voter confidence and what the administration may do next”: Josh Gerstein and Kyle Cheney of Politico have this report.
“N.H. Supreme Court chief justice resigns, admits misconduct; New Hampshire Supreme Court Chief Justice Gordon MacDonald resigned after admitting ethics violations involving favoritism and a nearly $50,000 payout”: Steven Porter of The Boston Globe has this report.
Todd Bookman of New Hampshire Public Radio reports that “NH Chief Justice MacDonald announces resignation; ethics probe loomed.”
William Skipworth of New Hampshire Bulletin reports that “MacDonald resigns from NH Supreme Court amid judicial misconduct allegations.”
Paula Tracy of InDepthNH reports that “Gordon MacDonald Resigns as Chief Justice of NH Supreme Court Saying He Accepts Responsibility for his Conduct.”
You can access online the resignation letter and a related statement.
“Samuel Alito: Disenfranchising Millions of Voters Is No Big Deal If Mister Trump Wants It; For Alito and Thomas, there is no greater injustice than Donald Trump not getting what he wants, when he wants it.” Jay Willis has this essay online at Balls and Strikes.
“Trump and the court: If he wins, he’s happy; When he loses, he ridicules justices he appointed.” Lindsay Whitehurst of The Associated Press has this report.
“DOJ seeks to revive cases against Comey, James a year after dismissals; Charges in Virginia against the prominent Trump critics were thrown out last year after a court ruled the U.S. attorney overseeing them had been appointed illegally”: Jeremy Roebuck of The Washington Post has this report.
And Joe Dodson of Courthouse News Service reports that “Trump tries to revive indictments against political foes at Fourth Circuit; The case presents a fourth opportunity for a federal appellate court to weigh Trump’s method of appointing U.S. attorneys without Senate approval.”
“Trump’s latest Supreme Court tantrum; Like the Democrats, the president cannot get over the independence of his first-term nominees”: The Washington Post has published this editorial.
“Trump’s Frustration With His Own Supreme Court Appointees Boils Over; Attorney General Todd Blanche defended the president’s comments, which came after the justices blocked his bid to impose new restrictions on mail ballots”: Marianne LeVine and James Romoser of The Wall Street Journal have this report.
“A New Book Seeks to Shame the Elites Who Caved to Trump”: Columnist Michelle Goldberg has this essay online at The New York Times.
“Trump Fights Back After Judge Says Name Must Stay Off Kennedy Center; President Trump threatened to cancel a $257 million renovation of the performing arts venue if the judge’s ban was not overturned”: Julia Jacobs and Zach Montague of The New York Times have this report.
“How Trump is Using the IRS to Resegregate America”: You can access the new episode of the “Strict Scrutiny” podcast via this link and on YouTube.
“Barely Averting a Constitutional Crisis”: You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.
“Conversation with the Justice”: The U.S. Court of Appeals for the Ninth Circuit has posted this video on YouTube.
That court also posted on YouTube these additional videos from its recent judicial conference: “Supreme Court Review“; “Pressing Issues Facing the Judiciary“; “New York Times v. Sullivan Revisited“; and “The Original Meaning of the Fourteenth Amendment.”