“The Right Outcome for the Wrong Reasons: The Supreme Court is missing its moment to lead on gay marriage (and maybe that’s what it wants).” Dahlia Lithwick has this jurisprudence essay online at Slate.
Also online at Slate, law professor Lisa T. McElroy has an essay titled “Love in the Time of Cert Denials.”
And Chris Geidner of BuzzFeed has an article headlined “Justice Anthony Kennedy’s Marriage Equality End Game.”
“U.S. Appeals panel officially upholds Wisconsin voter ID law”: Patrick Marley of The Milwaukee Journal Sentinel has this news update.
Reuters reports that “Appeals court says Wisconsin voter ID law constitutional.”
And The Associated Press reports that “Appeals court upholds Wisconsin voter ID law.”
Circuit Judge Frank H. Easterbrook wrote today’s ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.
At his “Election Law Blog,” Rick Hasen offers his quick reaction to the ruling.
“Drakes Bay agrees to cease oyster operations; plans to open restaurant”: The Marin Independent Journal has this report.
The Press Democrat of Santa Rosa, California reports that “Drakes Bay Oyster Co. agrees to shut down.”
The San Francisco Chronicle reports that “Oyster lovers can still buy Drakes Bay shellfish, through December.”
And The Associated Press reports that “Feds give oyster farm until year’s end to vacate.”
“Kathleen Kane’s office trying to comply with Chief Justice Ronald Castille’s request in porn email scandal”: The Associated Press has this report.
“The Court’s Green Light on Gay Marriage”: Richard Socarides has this post online at The New Yorker.
“Risen: Journalists must fight or become irrelevant; Colby College’s Lovejoy winner, a New York Times reporter, faces the possibility of being imprisoned for refusing to reveal his sources.” Today’s edition of The Morning Sentinel of Waterville, Maine contains this front page article.
“New abortion cases could reach Supreme Court”: Jennifer Haberkorn of Politico.com has this report.
Reuters reports that “Abortion rights groups ask Supreme Court to halt Texas restrictions.”
And The Associated Press reports that “Tough Texas abortion law may head to Supreme Court.”
“BP Seeks Payment Changes That May Reignite Damages Fight”: Laurel Brubaker Calkins and Daniel Lawton of Bloomberg News has an article that begins, “BP Plc asked a U.S. appeals court to undo payments to some victims of the 2010 Gulf of Mexico oil spill in a move opposing lawyers said might open the floodgates to hundreds of thousands of individual damage-claim awards.”
“Congratulations Shon!” Senior U.S. District Judge Richard G. Kopf has this post today at his “Hercules and the Umpire” blog.
“Why no gay marriage cases? U.S. top court, Kennedy hard to predict.” Joan Biskupic of Reuters has this report.
And Josh Gerstein of Politico.com has an article headlined “Why the Supreme Court punted on gay marriage.”
“Eyes on Sixth Circuit for Next Move on Same-Sex Marriage”: Tony Mauro of The National Law Journal has this Supreme Court Brief. You can freely access the full text via Google.
Mauro also has an item headlined “Docket Chat: Clement’s Milestone and a Jones Day Associate’s Debut.” You can freely access the full text via Google.
And Marcia Coyle of The National Law Journal has a Supreme Court Brief headlined “Supreme Court’s Silence on Marriage Rights Speaks Volumes.” You can freely access the full text via Google.
“Live From the Supreme Court”: Susan Lehman has this interview with Adam Liptak online today at The New York Times.
“Americans’ Approval of Supreme Court Steady at 44%; Job approval has been about evenly divided since 2012”: Gallup.com has this report today.
“Confusion and surprise mark the high court’s new term”: Bill Mears of CNN.com has this report.
“High court begins term with case on police actions”: Sam Hananel of The Associated Press has this report.
And at Reason.com’s “Hit & Run” blog, Damon Root| has a post titled “Supreme Court Weighs Police Officer’s ‘Mistake of Law’ in Fourth Amendment Case.”
“Supreme Court effectively strikes down Indy’s adult bookstore ordinance”: Maureen Groppe of The Indianapolis Star has this news update.
“High court glitch delays news on gay marriage”: The Associated Press has this report. According to the article, “The [order] list is also posted electronically, but it was only intermittently available on the revamped website the court rolled out Monday.”
And at “The BLT: The Blog of Legal Times,” Marcia Coyle has a post titled “Behind the Scenes: SCOTUS Media Room on Opening Day.” You can freely access the full text of the post via Google.
“Children’s group wants Supreme Court to force federal action on warming”: Jeremy P. Jacobs of Greenwire has this report.
Access online the transcript of today’s U.S. Supreme Court oral argument in Heien v. North Carolina, No. 13-604: At this link.
At “The Volokh Conspiracy,” Orin Kerr has a post titled “Oral argument in Heien v. North Carolina.”
And at Bloomberg View, Noah Feldman has an essay titled “Even Ignorant Cops Have to Follow the Law.”
“Supreme Court Declines To Take Up Gay-Marriage Appeals”: Nina Totenberg had this audio segment on the west coast feed of today’s broadcast of NPR’s “Morning Edition.”
“The Same-Sex Marriage Fight Is Over: By refusing to take a stand on lower-court decisions, the justices have effectively settled the fight — in favor of gays and lesbians who want to marry.” Garrett Epps has this essay online at The Atlantic.
“Supreme Court Allows Gay Marriage to Begin in 5 States; Justices Decline for Now to Make Nationwide Decision on Issue”: Brent Kendall of The Wall Street Journal has this news update.
Eighth Circuit reinstates lawsuit brought under RFRA by small for-profit company that wants to offer health insurance without contraceptive coverage to its employees: You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
“ACLU of Indiana: ‘Same sex marriage is now a reality.'” Tim Evans and Justin Mack of The Indianapolis Star have this news update.
Marissa Lang of The Salt Lake Tribune has a news update headlined “Utah clerks issuing marriage licenses to same-sex couples.”
And The Denver Post has a news update headlined “Colorado AG says all 64 clerks must issue same-sex marriage licenses.”
“The Supreme Court’s Biggest Gay-Marriage Decision”: Amy Davidson has this post online at The New Yorker.
“SCOTUS Communications Problem Today Highlights Transparency Issues”: Rick Hasen has this post at his “Election Law Blog.”
“Texans ask court to speed gay-marriage case”: Chuck Lindell of The Austin American-Statesman has this news update.
“Many more same-sex marriages soon, but where?” Lyle Denniston has this post at “SCOTUSblog.”
And at the “Maryland Appellate Blog,” Steve Klepper has a post titled “Three Ways That Today’s Supreme Court Marriage Vote Sends a Clear Signal to Lower Courts.”
“Supreme Court clears way for gay marriage in several states”: David G. Savage of The Los Angeles Times has this news update.
And at his “Suits & Sentences” blog, Michael Doyle of McClatchy Washington Bureau has a post titled “Supreme Court ducks, for now, same-sex marriage question.”
“U.S. Supreme Court declines to review Oklahoma same-sex marriage case; The move may mean gay marriage could start immediately in Oklahoma”: Chris Casteel of The Oklahoman has this news update.
And Markus Schmidt of The Richmond Times-Dispatch has news update headlined “Supreme Court paves way for gay marriage in Va. — unions could take place today.”
“Today at SCOTUS: Police Errors vs. the Fourth Amendment”: Damon Root has this post today at Reason.com’s “Hit & Run” blog.
At “Re’s Judicata,” Richard M. Re has a post titled “A Middle Ground in Heien v. North Carolina?”
And today at “Simple Justice,” Scott H. Greenfield has a post titled “The First Scary Monday In October: Heien.”
“The Glaring Falsehood That Could Steal Health Care Away From Millions Of Americans”: Online today at ThinkProgress, Ian Millhiser has a post that begins, “A lawsuit that will cause the structure of Obamacare to ‘crumble,’ according to a state attorney general who is one of the lawsuit’s leading proponents, rests on a falsehood about how one former senator helped shape the act.”
As of 10:40 a.m. eastern time, the U.S. Supreme Court has still not posted a link to today’s Order List on its web page created for that purpose: Today, the U.S. Supreme Court launched a redesigned web site. While the redesigned site looks attractive, the most important aspect of any web site is functionality.
Last year, the Court had its lengthy Order List from the first Monday in October available online within six minutes.
Today, by contrast, more than an hour has passed and the Court’s Order List is still not available online via the page created for that purpose. To be sure, the Orders List is available online at this link. You can’t learn that now, however, from the U.S. Supreme Court’s own site.
Update: The Court finally posted a link to its Order List at or shortly after 10:45 a.m. eastern time. Here’s hoping that a link to next week’s Order List can be posted online somewhat more promptly than 75 minutes after its issuance.
Some have suggested that this may have been an issue affecting certain web browsers but not others. I was refreshing the page using Google Chrome.
“Supreme Court declines to hear same-sex marriage appeal from Utah”: Dennis Romboy of The Deseret News has this report.
Jason Stein of The Milwaukee Journal Sentinel reports that “Gay marriages to resume in Wisconsin as Supreme Court rejects appeals.”
“Denying Review, Justices Clear Way for Gay Marriage in 5 States”: Adam Liptak of The New York Times has this news update.
Robert Barnes of The Washington Post has a news update headlined “Supreme Court declines to review same-sex marriage cases.”
Richard Wolf of USA Today reports that “High court ruling may lead to gay marriage in 30 states.”
Josh Gerstein of Politico.com reports that “SCOTUS turns down same-sex marriage challenges.”
And Benjamin Goad of The Hill reports that “Court paves way for gay marriage.”