“Presidential Immunity From Plato to Trump; The framers didn’t want a king, but a republic with a strong executive was an innovation in 1787”: Harvey C. Mansfield has this op-ed in today’s edition of The Wall Street Journal.
“Massachusetts court weighs fate of $70,000 engagement ring”: Nate Raymond of Reuters has this report.
“US judge runs ‘mini-experiment’ with AI to help decide case”: Nate Raymond of Reuters has this report.
You can access Thursday’s very interesting decision of a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit (which consists of a majority opinion and two concurring opinions) at this link.
“TikTok turns to Supreme Court vets in case over potential US ban”: Mike Scarcella of Reuters has this report.
“The Most Revealing Detail of the Ginni Thomas Scandal Doesn’t Involve Ginni Thomas; A conservative activist’s assertion that Justice Elena Kagan’s support for ethics reform is ‘treasonous’ raises obvious questions about to whom, exactly, he thinks Supreme Court justices owe their loyalty”: Jay Willis has this essay online at Balls and Strikes.
“Judges appear skeptical as Trump seeks new trial in E. Jean Carroll case; Trump attended oral arguments in his appeal of the 2023 E. Jean Carroll verdict”: Aaron Katersky, Lucien Bruggeman, and Olivia Rubin of ABC News have this report.
Victoria Bekiempis of The Guardian reports that “Court questions merit of Trump appeal of $5m E Jean Carroll judgment; Ex-president attempts to overturn 2023 judgment after jury found that Trump sexually abused and defamed writer.”
Alex Swoyer of The Washington Times has an article headlined “Trump’s lawyer on E. Jean Carroll defamation appeal: ‘Quintessential he said, she said case.’”
Aysha Bagchi of USA Today reports that “Trump listens as E. Jean Carroll lawyer again accuses him of assault in $5 million appeal.”
Jack Queen and Jonathan Stempel of Reuters report that “Trump’s lawyer says E. Jean Carroll verdict tainted by other accusers’ testimony.”
Larry Neumeister and Michelle L. Price of The Associated Press report that “Trump in court as lawyers fight to overturn verdict in E. Jean Carroll sex abuse suit.”
Kara Scannell, Lauren del Valle, Jeremy Herb, and Kate Sullivan of CNN report that “Trump lashes out at women who accused him of assault after court hearing to appeal verdict in Carroll sex abuse case.”
Elizabeth Elkind of Fox News reports that “Trump denies wrongdoing, criticizes lawyers in press conference after E Jean Carroll hearing; ‘I’m disappointed in my legal talent,’ former President Donald Trump said in New York City.”
And Ben Kochman, Georgett Roberts, and Priscilla DeGregory of The New York Post report that “Trump ‘disappointed’ with legal teams as lawyers seek to overturn $5M judgment in E. Jean Carroll case.”
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.
“Justice Alito Reports $900 Concert Tickets, No Trips in Latest Filing; Justice had requested a 90-day extension to submit disclosure; Alito faced scrutiny for a trip with hedge fund billionaire”: Emily Birnbaum and Zoe Tillman of Bloomberg News have this report.
“Books Deals Can Add Up to Millions of Dollars for Supreme Court Justices; For the justices, selling books remains one of the few ways to earn income outside the court”: Abbie VanSickle and Alexandra Alter of The New York Times have this report.
“Federal Circuit Extends Judge Newman’s Suspension Another Year”: Michael Shapiro of Bloomberg Law has this report on an order that the Judicial Council of the U.S. Court of Appeals for the Federal Circuit issued today.
“Black enrollment drops at UNC after ruling; other schools vary; Some highly selective schools, including Yale and Princeton, appeared to maintain racial diversity after the Supreme Court banned affirmative action in admissions”: Susan Svrluga of The Washington Post has this report.
“Judge Sets Deadlines in Trump Election Case, Saying Campaign Is ‘Not Relevant’; Judge Tanya S. Chutkan laid out a swift schedule for the election interference case against Donald J. Trump after lawyers on both sides shared how they believed the case should proceed”: Alan Feuer, Charlie Savage, and Eileen Sullivan of The New York Times have this report.
And Spencer S. Hsu, Perry Stein, and Salvador Rizzo of The Washington Post have an article headlined “Judge: U.S. can lay out Trump election interference evidence this month; Judge Tanya Chutkan accused Trump’s lawyer of trying to stall action before the Nov. 5 election; The judge said the election wasn’t part of her calculus.”
“Rastafarian asks Supreme Court to let him sue prison guards for shaving off his dreadlocks; Religious groups argue that a law protecting prisoners’ religious rights is insufficient without the right to sue; The state says that would make it even harder to staff prisons”: Maureen Groppe of USA Today has this report.
“Justice Ketanji Brown Jackson’s memoir explores prejudice, parenting; In a deeply personal book, the first Black woman on the Supreme Court writes about struggling to understand her daughter’s neurological differences”: Ann E. Marimow of The Washington Post has this report.
“Person to Person: Norah O’Donnell interviews Supreme Court Justice Ketanji Brown Jackson.” CBS News has posted this video on YouTube.
“Pennsylvania voters can cast a provisional ballot if their mail ballot is rejected, court says”: Marc Levy of The Associated Press has this report on an unpublished ruling that a divided three-judge panel of the Commonwealth Court of Pennsylvania issued today.
“Why Trump’s ‘leave it to the states’ abortion stance ties him in knots”: Columnist Jackie Calmes has this essay online at The Los Angeles Times.
“The Justices Know the Supreme Court’s Ethics Code Is a Joke; In a new interview, Justice Ketanji Brown Jackson expressed support for a more robust code of ethics for Supreme Court justices”: Madiba K. Dennie has this essay online at Balls and Strikes.
“The Internet Archive Loses Its Appeal of a Major Copyright Case; Hachette v. Internet Archive was brought by book publishers objecting to the archive’s digital lending library”: Kate Knibbs of Wired has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
“Terrence Boyle’s Fourth Circuit Nomination Stalls for Record Time; A home-state senator’s support can have its downsides”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“Fight over $70,000 ring in Massachusetts tests rules of engagement”: Nate Raymond of Reuters has this report.
“Texas argues for fee placed on nude dancing venues before Fifth Circuit; Texas increased its per-person fee on adult establishments in 2023, which one nightclub says is a violation of the First Amendment”: Sabrina Canfield of Courthouse News Service has this report.
You can access the audio of Wednesday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
“Princeton, Yale See Dip in Share of Asian-American Freshmen; Incoming class is first since US Supreme Court ruling on race; Schools tout increase in income diversity among new students”: Janet Lorin of Bloomberg News has this report.
“Chicago Gun Ruling Is Yet Another Absurd Decision; The ‘right to bear arms’ doesn’t guarantee the right to carry a firearm on a train any more than it guarantees the right to bring one onto an airplane”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Harlan Crow Rejects Senate Records Request in Thomas Inquiry; Finance Committee says records show additional undisclosed travel; Republican donor investigated for tax evasion”: Lydia Wheeler of Bloomberg Law has this report.
“Hospital Not Liable for Man’s Death Following Combative Reaction to Anesthesia”: Dan Trevas of Court News Ohio has a report that begins, “In Ohio civil lawsuits, only the agreement of three-fourths of the jury members is required to reach a verdict. For negligence cases where jurors vote step-by-step to reach a decision, only the jurors who find a person acted negligently can vote to determine if that person is at fault for causing the plaintiff’s injuries, the Supreme Court of Ohio ruled today.”
You can access today’s 5-to-2 ruling of the Supreme Court of Ohio at this link.
“A Father-Son Fight Helps Define the Scope of Arbitration Provisions in Closely Held Company Disputes”: Edward S. Robson had this post at his “Pennsylvania Business Divorce Blog” back in October 2022.
The dispute eventually reached the Supreme Court of Pennsylvania, where it was decided in late May 2024 (majority opinion, concurring opinion, dissenting opinion).
Last week, I filed this cert. petition (docketed today) in the case at the U.S. Supreme Court. The question presented asks “whether the Federal Arbitration Act preempts state statutes providing that a certain type of claim is exclusively subject to judicial review where the parties to the dispute have expressly agreed to arbitrate all such claims between them.”
“GOP appeals date ruling on mail-in ballots to Pa. Supreme Court”: Paula Reed Ward of The Pittsburgh Tribune-Review has this report.
“One urgent reason the justices need a credible ethics code? Ginni Thomas. And you thought she couldn’t do any more to cast disrepute on the Supreme Court.” Columnist Ruth Marcus has this essay online at The Washington Post.
“Johnson & Johnson Wins Over Longtime Holdout for Talc Settlement; Tort lawyer Allen Smith now backs J&J’s settlement plan after the company raised its offer to roughly $9 billion”: Alexander Gladstone of The Wall Street Journal has this report.
And Mike Spector and Dietrich Knauth of Reuters report that “Johnson & Johnson adds $1.1 billion to proposed talc settlement.”
“Searching for the Best Opinions: Text Analyses from the 2023/2024 SCOTUS Term”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
“Ginni Thomas Is Doing Her Husband’s Dirty Work; New reporting from ProPublica reveals just how intertwined Ginni Thomas’s work is with Clarence Thomas’s ability to go on luxury cruises”: Madiba K. Dennie has this essay online at Balls and Strikes.
“Alaska Judge’s Links to Lawyer Didn’t Require Recusal, US Says; Prosecutor who sent nude photos to judge had ‘minor’ role in case, government says; Brief opposes new trial request”: Suzanne Monyak and Ben Penn of Bloomberg Law have this report.
“Donald Trump Is Running Scared From the Supreme Court He Built; The Dobbs decision is still electoral poison for Republicans up and down the ballot”: Jay Willis has this essay online at Balls and Strikes.
“Justice Ketanji Brown Jackson reflects on ‘groundbreaking’ path to the Supreme Court in new memoir”: John Fritze and Lauren del Valle of CNN have this report.
“I’m a conservative, but we must demand amendment to guarantee reproductive rights”: Jim Young has this essay online at The Oklahoman.