In posts of interest at the “Election Law Blog”: Rick Hasen has posts titled “Timing Issues Alone (Laches and the Purcell Principle) Should Doom DOJ’s Attempt to Get California Election Officials to Pull Out Ballots from Purported Possible Noncitizens” and “The Major Questions Doctrine Alone Should Doom DOJ’s Lawsuits in Both Alaska and California: Congress Would Not Hide Broad Federal Powers over State Elections in A Law Making Noncitizen Voting a Misdemeanor or in General Language in a Voter Registration Statute’s Preamble.”
And Justin Levitt has a post titled “The Lack of Any Cause of Action Alone Should Doom DOJ’s Lawsuits in Both Alaska and California: DOJ Needs Actual Statutory Authority to Sue.”
“In Second Term, Trump’s Justice Dept. Submits to His Election Demands; With moves in Alaska and California, the department has stepped up interventions in the midterm elections as the president’s instrument of unmediated executive power”: Glenn Thrush, Katie Rogers, and Zolan Kanno-Youngs of The New York Times have this report.
“Hegseth Barred Trans Troops. Military Boards Are Rejecting Those Orders. The service members at Navy and Marine Corps hearings are finding ways to keep trans troops in uniform.” Dave Philipps of The New York Times has this report.
“Dewey Won’t Defeat Trump; My grandfather Earl Warren wanted to campaign vigorously in 1948; He was overruled”: Jeffrey Earl Warren has this essay online at The Wall Street Journal.
“Dan Abrams Defends CBS Reporter After Controversial El-Sayed Post”: Dan Abrams has posted this video on YouTube.
“Pa. Supreme Court denies request to intervene in questioned capital punishment cases; Defenders asked the justices to bar Washington County prosecutors from seeking death sentences”: Peter Hall of Pennsylvania Capital-Star has this report.
“Connecticut Supreme Court Justice Inspires University of New Haven Volleyball Players Through Career Advice and Mentorship”: Hannah Adderly and Zaira Kearns have this post at “The Charger Blog” of the University of New Haven.
“Hawaiʻi Supreme Court Law Library Celebrates 175 Years of Service”: The Hawaii State Judiciary has issued this news release.
“Why Would Trump Make A Deal With A Judge Who Ruled Illegal Aliens Have A Right To ‘Locomotion’ In The United States? And does Todd Butler agree with Judge Southwick that denying a bond hearing to illegal aliens is an affront to freedom ‘at its most basic’?” Josh Blackman has this post at “The Volokh Conspiracy.”
“Dick Durbin Sends His Filibuster Regrets; As he leaves office, he rues Harry Reid’s Senate arson of 2013”: The Wall Street Journal has published this editorial.
“ICE agents’ smartphone searches trash privacy rights; In a possible Supreme Court case, border guards’ invasions of privacy collide with the Fourth Amendment”: Columnist George F. Will has this essay online at The Washington Post.
“Appeals court considers Trump’s power to fire court-appointed federal prosecutors; The arguments came in a case challenging Trump’s removal of the court-appointed U.S. attorney in Seattle”: Erica Orden of Politico has this report.
And Monique Merrill of Courthouse News Service reports that “Feds fight to keep US attorney fired; The fired U.S. attorney argued Trump lacks the authority to fire court-appointed attorneys.”
The U.S. Court of Appeals for the Ninth Circuit has posted the video of the oral argument on YouTube.
“Tension over judicial independence on display in WA Supreme Court race”: Paul Roberts of The Seattle Times has this report.
“Abortion Is on the Ballot Again. Where’s the GOP? Dobbs returned the issue to the states, and that’s where Democrats are fighting, at least for now.” Nicole Ault has this essay online at The Wall Street Journal.
“Appeals Court Backs Trump on Constitutionality of Detentions; The ruling, from the U.S. Court of Appeals for the Fifth Circuit, sharply curtails the ability of judges to free undocumented immigrants”: Mattathias Schwartz of The New York Times has this report.
Kyle Cheney of Politico reports that “Appeals court shores up ICE mass detention policy; The 5th Circuit ruling rejects ICE detainees’ rights to bond hearings.”
And Uriel J. García of The Texas Tribune reports that “Trump administration can hold immigrants in ICE custody without bond, court rules; The 5th U.S. Circuit Court of Appeals ruled detained immigrants don’t have a constitutional right to a bond hearing after they enter the country illegally.”
“Elena Kagan’s Idea of Democracy; The Justice wants judges, not elected officials, to draw Congressional maps”: This editorial will appear in Saturday’s edition of The Wall Street Journal.
“9th Circuit blocks path for Trump to again deploy national guard without state approval”: Sonja Sharp of The Los Angeles Times has this report.
And Edvard Pettersson of Courthouse News Service reports that “Ninth Circuit says Trump had no authority to deploy National Guard in LA; The panel followed last year’s decision by the U.S. Supreme Court barring the deployment of the National Guard in Chicago, finding no plausible basis there was a ‘rebellion’ last summer in LA.”
Update: In other coverage, Laurel Rosenhall of The New York Times reports that “Court Says Trump Violated Law in Los Angeles National Guard Deployment; The ruling, which comes as the midterm election nears, could make it more difficult for President Trump to seize control of the National Guard.”
“The DOJ Just Telegraphed Trump’s Biggest Election Target”: Law professor Richard L. Hasen has this Jurisprudence essay online at Slate.
“Not Anymore, Part Two; How the robots won”: Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”
“The Originalists Would Have Let Trump Livestream a Firing Squad Execution; The White House believed it could turn capital punishment into entertainment thanks to the Supreme Court”: Alexis Romero has this essay online at Balls and Strikes.
“Appeals court, including Trump appointed judge, sides against him in takeover of California National Guard”: Bob Egelko of The San Francisco Chronicle 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. The same three-judge panel also issued this related order today.
“Fifth Circuit slams AI rulings in school diversity policy case; Citing errors that appeared to be the result of AI hallucinations, the appeals panel overturned a Mississippi federal judge’s preliminary injunction blocking enforcement of a state law banning DEI at public schools and universities”: Christina van Waasbergen of Courthouse News Service has this report.
You can access yesterday’s decision of the U.S. Court of Appeals for the Fifth Circuit at this link.
“Comey Tries to 86 the Seashells Case: As comical as the prosecution’s case appears, it may well go to trial.” Anna Bower, Eric Columbus, and Molly Roberts have a two-part post (part one; part two) at the “Lawfare” blog.
“Trump Mandatory Immigrant Detention Upheld by Full Fifth Circuit”: Megan Crepeau and Jacqueline Thomsen of Bloomberg Law have this report.
You can access today’s 10-to-7 en banc decision of the U.S. Court of Appeals for the Fifth Circuit at this link.
“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.
