“Pa. Supreme Court rules against Philadelphia DA in SEPTA special prosecutor case; The court upheld a lower court decision that denied a challenge from District Attorney Larry Krasner”: Ian Thompson of FOX43 in York, Pennsylvania has this report.
Today’s decision of the Supreme Court of Pennsylvania consists of a majority opinion and a concurring opinion.
“The Supreme Court Won’t Be Trump’s Election-Theft Lackey”: Elie Honig has this post at the “Intelligencer” blog of New York magazine.
“Not a MAGA Court”: You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.
“Conservative Justice’s Daughter Outs Herself as Secret Liberal; John Roberts’ daughter backs blue”: Laura Esposito of The Daily Beast has this report.
Access the 12,998-word Brief for Appellant filed with the Fourth Circuit Tuesday in United States v. Thomas C. Goldstein: At this link.
One week ago today, the Fourth Circuit issued this order striking Goldstein’s original Brief for Appellant, which weighed-in at 17,990 words.
“DOJ Deepens Clash With Judiciary That Has Blocked Trump Agenda”: Georgia Fearn and Zoe Tillman of Bloomberg News have this report.
“Trump to Tap Phelps Dunbar Partner for Fifth Circuit Vacancy”: Olivia Alafriz and Jacqueline Thomsen of Bloomberg Law have this report.
Earlier, at his “Nomination Notes” Substack site, Patrick McNeil had a post titled “Judicial nominees remain pending as the Senate leaves until after the midterms; A look at where things stand — and what might happen before the year is over.”
“Taking On Trump Immigration Agenda, Justices Will Review Migrant Detention Policy; The administration’s policy of detaining immigrants who crossed the border illegally years ago and holding them without a bond hearing has divided lower courts”: Ann E. Marimow of The New York Times has this report.
Julian Mark of The Washington Post reports that “Supreme Court to scrutinize ICE’s mandatory detention policy for immigrants; Under President Donald Trump, some immigrants have been denied bond hearings and spent months in detention while awaiting removal proceedings.”
Maureen Groppe of USA Today reports that “Supreme Court to decide if ICE can detain undocumented immigrants indefinitely; The vast majority of federal judges have said the government must give immigrants a chance to seek bond.”
Stephen Dinan of The Washington Times reports that “Supreme Court to hear challenge to detentions at heart of Trump’s deportations.”
Kyle Cheney of Politico reports that “Supreme Court will rule on Trump’s ICE detention policy; Lower courts have overwhelmingly rejected ICE’s novel view of its detention authority.”
And Kelsey Reichmann of Courthouse News Service reports that “Justices take up ICE mandatory detention policy; The Trump administration asked the high court to approve a novel interpretation of immigration law to greenlight the president’s mass deportation agenda.”
“Judge says U.S. can’t prosecute ex-Olympian again in Reflecting Pool case; The case against David Hearn has been dismissed with prejudice”: Jasmine Golden and Liam Bowman of The Washington Post have this report.
And Ashley Ahn of Politico reports that “Judge permanently tosses Trump administration’s reflecting pool vandalism prosecution; The order bars the administration from charging a man again over damages to the pool in Washington.”
You can access today’s decision of the Superior Court of the District of Columbia at this link.
“The Supreme Court’s Summer Break Vanishes, Erased by Emergencies; ‘Our summers used to actually be summers,’ one justice lamented”: Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.
“Tennessee Pauses a Planned Execution After a Failed Attempt; Gov. Bill Lee, a Republican, ordered a review of the state’s lethal injection process after the botched attempt to put Christa Pike to death; She was hospitalized Wednesday”: Emily Cochrane of The New York Times has this report.
And Kim Chandler and Kristin M. Hall of The Associated Press report that “Tennessee governor calls Christa Pike’s failed execution ‘deeply disturbing’ and calls for a review.”
“John Roberts and His Island; After decades of potlucks and paddle-boarding on Maine’s midcoast, rising anger and protests have left the Supreme Court’s chief justice more isolated than ever”: Jodi Kantor of The New York Times has this report.
“Trump Laments Lack of Loyalty From His Supreme Court Appointees”: Catherine Lucey of Bloomberg News has this report.
You can access the full transcript of the Time Magazine interview at this link.
“The Supreme Court puts cruelty on its docket; In allowing the Trump Administration to continue third-country removals, the court has become complicit in its inhumanity”: Columnist Kimberly Atkins Stohr has this essay online at The Boston Globe.
“254. Four Things That (Really) Bother Me About ‘D.V.D. III’; ‘Third-country removals’ raise a host of difficult procedural and substantive questions; The Supreme Court should have answered those questions *before* greenlighting deportations to torture.” Steve Vladeck has this post at his “One First” Substack site.
“Trans women tussle with Aetna over gender-affirming care at Second Circuit; A Connecticut judge ruled earlier this year Aetna’s policy of automatically denying coverage of facial feminization surgery for transgender patients was discriminatory”: Josh Russell of Courthouse News Service has 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 Second Circuit at this link.
“Biased Climate Classes for Judges; A House report reveals a stealthy effort to steer judicial decisions”: The Wall Street Journal has published this editorial.
“Ninth Circuit upholds Arizona dark money transparency law; A 2-1 majority agreed with a lower court that the law requiring disclosure of large political donations does not violate free speech or associational rights, nor does it chill political speech or campaign contributions”: Joe Duhownik of Courthouse News Service has this report.
You can access today’s decision of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Tens of Billions in Contested Tax Bills Hinge on Two Words; President Trump’s Covid-19 disaster-declaration phrase ‘and continuing’ is at center of IRS court fights”: Richard Rubin of The Wall Street Journal has this report.
“Justices Give US Latitude to Frame Issues in Deportation Case”: Jordan Fischer of Bloomberg Law has this report.
“AI training of copyrighted material not fair use: Third Circuit; Using someone else’s “creative spark” to start a competing business runs afoul of copyright law, the panel found.” Jackson Healy of Courthouse News Service has this report.
You can access yesterday’s decision of the U.S. Court of Appeals for the Third Circuit at this link.
“Blackburn Balks at Trump Judicial Pick in Rare GOP Pushback”: Olivia Alafriz of Bloomberg Law has this report.
“Philly DA Larry Krasner said the federal judge who accused him of crimes should be removed from the case; In his most extensive comments on the saga yet, Krasner said U.S. District Judge Paul S. Diamond’s suggestion that he committed crimes ‘rests on nothing of substance’”: Chris Palmer of The Philadelphia Inquirer has this report.
And Riley Brennan of The Legal Intelligencer reports that “Phila. DA Accuses Fed. Judge of Bias, Seeks Recusal From Exoneration Proceedings That Resulted in Criminal Referrals; The motion describes the summer proceedings as a ‘circus’ orchestrated by the court, which they claimed served ‘as the ringmaster.’”
You can access the recusal motion at this link.
“Justice Dept. Tries to Rebuke Federal Judges for Speaking to The Times; Judge Patrick J. Schiltz had warned that the administration’s actions ‘created a grave threat to the rule of law’; The attorney general accused him of ‘obvious bias’”: Mattathias Schwartz and Devlin Barrett of The New York Times have this report.
“States That Ban Abortion Challenge Shield Laws for Providers Who Mail Pills; The lawsuit filed by Louisiana, Alabama and Arkansas to the Supreme Court escalates the battle between states that outlaw abortion and those that support nationwide access by mail”: Pam Belluck and Rick Rojas of The New York Times have this report.
“Judge Questions Secrecy Around Trump Administration’s Memo on Boat Strikes; The judge also ordered the Justice Department to privately show the court the contested document, which blesses the disputed killings at sea”: Benjamin Weiser and Charlie Savage of The New York Times have this report.
You can access today’s decision of the U.S. District Court for the Southern District of New York at this link.
“Alito Says Recusal in Climate Case Is ‘Prudent’ But Not Required”: Greg Stohr of Bloomberg News has this report.
“Justice Department files ethics complaint against Minnesota federal judges; DOJ alleges the district judges showed bias when they spoke to The New York Times about the administration’s immigration enforcement efforts”: Josh Gerstein and Kyle Cheney of Politico have this report.
“‘There’s Always A Way’: Jaime Santos; Now at Proskauer, Santos discusses her path from a trailer park to Harvard Law, arguing before SCOTUS, and building a leading appellate and ERISA litigation practice.” You can access today’s new episode of David Lat’s “Original Jurisdiction” podcast via this link.
“Guantanamo Dispatch: Military Ends USS Cole Hearing Early for Health Emergency.” Carol Rosenberg has this post at the “Just Security” blog.
“The Insurrection Act Is No Exception to the Troops-at-Polls Ban; Congress restricted military deployments to election sites, even when a broader deployment authority might otherwise apply”: Loren Voss and Natalie K. Orpett have this post at the “Lawfare” blog.
“Pa. Supreme Court agrees to address whether those serving life for felony murder can seek parole; On Tuesday, the court granted an appeal petition filed on behalf of Jerome Coffey by the Abolitionist Law Center in April”: Ian Karbal of Pennsylvania Capital-Star has this report.
You can access yesterday’s order of the Supreme Court of Pennsylvania at this link.
Update: In other coverage, Jillian Kramer of The Philadelphia Inquirer reports that “Pa. Supreme Court to decide whether ban on mandatory life terms for second-degree murder is retroactive; The case of Jerome Coffey, a Philadelphia man convicted of a 1992 murder and sentenced to life in prison, could decide whether more than a thousand other people get a chance at new sentences.”
“This Case Has Flown Under the Radar. It Won’t Stay There.” Linda Greenhouse has this guest essay online at The New York Times.
“Justice Ketanji Brown Jackson Brings U.S. Supreme Court Perspective to UDC Law”: Rachel Perrone of UDC News has this report.
“Exorcising Justice Alito’s Voter Fraud Boogeyman”: Richard L. Hasen has this post at the Democracy Project of NYU Law.