“Under the U.S. Supreme Court: Affirmative action again on trial.” Michael Kirkland of UPI has this report.
And in today’s edition of The Los Angeles Times, Richard Sander and Stuart Taylor Jr. have an op-ed entitled “Do race preferences help students? There’s evidence that many students don’t thrive in colleges for which they’re far less prepared than their fellow students.”
“High court to hear arguments on UT’s consideration of race in admissions”: This article appears today in The Austin American-Statesman.
The Associated Press has a report headlined “‘Critical mass’ key to affirmative action case.”
Stateline reports that “Affirmative Action Gets a Hearing.”
Paul Barrett of BloombergBusinessweek has an article headlined “The Corporate Case for Affirmative Action.”
Yesterday’s edition of The Harvard Crimson contained an article headlined “Attorney Speaks On Harvard Amicus Brief.”
In tomorrow’s edition of The New York Times, Lincoln Caplan will have an Editorial Observer essay entitled “Colleges Value Diversity, but Will the Court?” And in yesterday’s edition of that newspaper, Thomas J. Espenshade had an op-ed entitled “Moving Beyond Affirmative Action.”
And in yesterday’s edition of The Wall Street Journal, Gerald Walpin had an op-ed entitled “Race and the Law at the Supreme Court: With Fisher v. University of Texas, the court has a chance to do the right thing–end the use of racial preferences.” You can freely access the full text of the op-ed via Google News.
“Fla. Supreme Court justices fight back to retain seats; Florida’s Supreme Court justices have learned the art of brass knuckle politics as a merit retention fight heats up”: The Miami Herald has this report.
“Judges Rule for Judges on Pay”: Brent Kendall has a post today at WSJ.com’s “Law Blog” that begins, “Refereeing a remarkable dispute between the judiciary and Congress, a divided federal appeals court ruled late Friday afternoon that lawmakers violated the Constitution by blocking cost-of-living salary increases for federal judges.”
You can access yesterday’s en banc ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
“Canada’s newest Supreme Court judge pitches his street smarts”: In today’s edition of The Toronto Globe and Mail, Kirk Makin has an article that begins, “The country’s newest Supreme Court of Canada judge, Mr. Justice Richard Wagner, turned inexperience into a virtue on Thursday, telling a parliamentary committee that he will bring to the top court a practising lawyer’s sense of street savvy.”
“US court mulls Arabic flashcards, Pa. airport stop”: The Associated Press has a report that begins, “A college student handcuffed at Philadelphia International Airport for several hours over Arabic language flashcards asked a U.S. appeals court Friday to let him pursue his lawsuit against five federal agents.”
“Supreme Court Justice’s Son Bids For California Statehouse Seat”: BuzzFeed Politics has a report that begins, “The son of Supreme Court Justice Stephen Breyer, a leader of the court’s liberal wing, is in a tough race for California State Assembly in San Francisco.”
You can view Michael Breyer’s campaign web site at this link.
“Obama administration asks Supreme Court to rule on generic-drug delays”: This article appears today in The Washington Post.
And Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a report headlined “FTC cert petition puts SCOTUS in pay-for-delay pickle.”
“Florida Supreme Court judges fight for their jobs”: Reuters has a report that begins, “Facing unprecedented political opposition, three Florida Supreme Court justices are fighting back against Republicans and conservative activists seeking to change the balance in the state’s highest court by getting voters to fire them.”
“Analysis: Republicans lead Obama in war for judicial dominance.” Joan Biskupic of Reuters has this report.
“Court grants 7 new cases”: Lyle Denniston has this post at “SCOTUSblog.”
You can access today’s Order List of the U.S. Supreme Court at this link.
In early news coverage, The Associated Press has a report headlined “Court: Can Va. keep out-of-staters from using FOI?”
“North Bergen shock jock released from prison”: NorthJersey.com has a news update that begins, “Harold ‘Hal’ Turner, the incendiary Internet radio shock jock and former national security confidential source for the FBI, walked out of a halfway house in Newark this morning after serving nearly three years in prison for threatening federal judges.”
“Symposium Revisits Landmark Student-Speech Cases”: Mark Walsh of Education Week has this report (pass-through link).
“Scalia says abortion, gay rights are easy cases”: Mark Sherman of The Associated Press has this report.
“The New Price of American Politics”: This lengthy profile of attorney James Bopp Jr. appears in the October 2012 issue of The Atlantic magazine.
And online at Slate, Jon Campbell has a jurisprudence essay entitled “James Bopp Jr. Gets Creative: How does the conservative maestro of campaign finance fund his legal work?”
“Supreme Court Questions Federal Government’s Narrow Reading of the Takings Clause”: Damon W. Root has this blog post online at Reason.
“Retired justice revisits Fla. beach protection case”: Lawrence Hurley of Greenwire has this report.
You can access at this link the prepared text of the remarks that retired Justice John Paul Stevens delivered yesterday.
“Montana Judge, Author of Racist Email About Obama, to Take Senior Status”: Matthew Huisman has this post at “The BLT: The Blog of Legal Times.”
“Lawsuit over Thomas Jefferson’s wine too late, U.S. court finds”: Reuters has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
“Author describes new book that goes behind the scenes of the Supreme Court”: Del Quentin Wilber has this blog post online at The Washington Post. Among the questions that author Jeffrey Toobin addresses in the interview is “Roberts vs. Obama in a cage-fighting match. Who wins?”
Eighth Circuit upholds dismissal of challenge to Affordable Care Act’s individual mandate provision for lack of standing: You can access today’s ruling of the U.S. Court of Appeals for the Eighth Circuit, in a lawsuit brought by a group of plaintiffs including the Lieutenant Governor of Missouri (in his personal capacity), at this link.
“Circuit Split Watch: Earning a Return on Seized Money.” Michelle Olsen has this post today at her “Appellate Daily” blog.
“Book Case: Understanding Justice William Rehnquist.” Joseph Schuman of Reuters has an essay that begins, “The William Rehnquist of John Jenkins’s new biography is the same rigid, reactionary and arguably racist jurist hated by liberals and loved by conservatives during his three decades on the Supreme Court and 19 years leading it. But Jenkins’s ‘The Partisan: The Life of William Rehnquist’ breaks new ground by unearthing the roots of Rehnquist’s judicial dogma.”
“Supreme Court asks for review of LU’s challenge to healthcare act”: This article appears in today’s edition of The News & Advance of Lynchburg, Virginia.
“Your right to resell your own stuff is in peril; It could become illegal to resell your iPhone 4, car or family antiques”: At MarketWatch, Jennifer Waters has an essay that begins, “Tucked into the U.S. Supreme Court’s busy agenda this fall is a little-known case that could upend your ability to resell everything from your grandmother’s antique furniture to your iPhone 4.”
“The Federal Circuit, Not the Supreme Court, Legalized Software Patents”: Timothy B. Lee has this blog post at Forbes.com.
“Visit from Supreme Court official results in gift of WWII memento for Pittsburg veteran, fly fishing expert”: Today’s edition of The Contra Costa Times contains an article that begins, “Most attorneys dream of one day making an impression on the nation’s highest court. Clark Strickland, a World War II veteran and fly-fishing expert, has done that without cracking open a law book. It all started when Jeffrey Minear, counselor to Chief Justice John Roberts, came in to the San Francisco Orvis fly-fishing store where Strickland works.”
“Justices Press Lawyers for Broad Solutions”: Adam Liptak will have this article Thursday in The New York Times.
“Study: Race-neutral admissions can work.” The Associated Press has a report that begins, “As the Supreme Court revisits the use of race in college admissions next week, critics of affirmative action are hopeful the justices will roll back the practice. A new report out Wednesday offers a big reason for their optimism: evidence from at least some of the nine states that don’t use affirmative action that leading public universities can bring meaningful diversity to their campuses through race-neutral means.”
And online at Slate, Emily Bazelon has a jurisprudence essay entitled “Tell Slate Your Affirmative Action Story: The Supreme Court is about to hear a huge case on race-conscious college admissions; How has this issue affected you?”
“Supreme Court: Must government pay compensation for dam’s temporary flooding?” Robert Barnes will have this article Thursday in The Washington Post.
And Michael Doyle of McClatchy Newspapers reports that “Supreme Court wades into flood-control compensation argument.”
“Are class action lawyers in Arkansas snubbing SCOTUS (and CAFA)?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a report that begins, “Over the summer, the justices of the U.S. Supreme Court made one of the most improbable grants of certiorari you will ever see.”
“Sept. 11 defense lawyers seek delay, blame rats; Lawyers for the alleged 9/11 mastermind said Wednesday that their offices at Guantanamo are a health hazard and that a proposed prosecution alternative is too cramped”: Carol Rosenberg of The Miami Herald has this news update.
“Supreme Court weighs federally created floods”: Jonathan Stempel of Reuters has this report.
And Lawrence Hurley of Greenwire reports that “Justices consider Ark. claim against Army Corps.”
You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Arkansas Game and Fish Comm’n v. United States, No. 11-597.
Update: At “SCOTUSblog,” Lyle Denniston has a post titled “Argument recap: ‘Trust us’ as a legal standard.”
“2nd Circuit drops hint: Morrison may limit reach of criminal laws.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report.
“Bigger bucks come to Supreme Court clerks who wait”: Reynolds Holding and Richard Beales have an essay online at Reuters Breakingviews that begins, “Bigger bucks come to Supreme Court clerks who wait. Top U.S. law firms are offering $280,000 signing bonuses to lure the young attorneys who work with America’s nine top judges. But many do stints with the government first. A new Breakingviews calculator shows how that path can be financially smarter over the long run.”