The Eleventh Circuit is halfway to a barbershop quartet: On September 16, 2014, The Orlando Sentinel published online an article headlined “Excessive force used in 2010 barbershop raid, appeal court says” reporting on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued the preceding day.
On Wednesday of this week, the Eleventh Circuit issued an order granting rehearing en banc in the case.
“Oklahoma Attorney General Scott Pruitt seeks Supreme Court review of case against health care law; AG Scott Pruitt wants the nation’s high court to add his case to one already under review of the subsidies given to people who buy health insurance under the Affordable Care Act”: Chris Casteel has this article in today’s edition of The Oklahoman.
“A Rape on Campus: A Brutal Assault and Struggle for Justice at UVA; Jackie was just starting her freshman year at the University of Virginia when she was brutally assaulted by seven men at a frat party; When she tried to hold them accountable, a whole new kind of abuse began.” Sabrina Rubin Erdely has this article in the December 4, 2014 issue of Rolling Stone magazine.
“Is the Criminal Justice System Defensible? A debate between Judge Harvie Wilkinson III and Stephen Bright.” Andrew Cohen has posted this debate online today at The Marshall Project.
“SCOTUSblog on camera: Eric Schnapper (Part two).” After a day off yesterday in honor of New Jersey’s having become the first state to ratify the Bill of Rights on November 20, 1789, “SCOTUSblog” has today posted part two of this interview at this link.
“House Republicans Sue Obama Administration Over Health Law”: The New York Times has this news update.
USA Today reports that “House GOP sues White House over health care law.”
The Associated Press reports that “House GOP sues administration over health care law.”
Amanda Becker of Reuters reports that “House Republicans sue over Obama’s healthcare law.”
Bloomberg News reports that “House Republicans Sue Obama Over Health Law Implementation.”
And at TPM DC, Sahil Kapur reports that “House GOP Finally Sues Obama On Obamacare.”
You can view a copy of the as-filed complaint at this link.
“Coming Soon: Posner on Posner, a Crowd-Sourced Interview.” Tony Mauro of The National Law Journal has this very interesting article today. You can freely access the full text of the article via Google.
The interview will appear at the “Concurring Opinions” blog, and I will do my best to link to its installments as they appear.
Here’s an update from Ronald Collins, who will be posting the interview at “Concurring Opinions.” In an email, Collins reports, “The series starts on Monday followed by a second post on Wednesday and then will resume after Thanksgiving. The first two pieces are my own biographical profiles of the Judge. The Q&A posts begin the following week.” According to Collins, “there are 50 questions from 24 scholars and the remaining 100 or so are from me.”
“Are federal trial judges who write bluntly in law reviews, blogs, etc., ‘flashers’ who expose too much of themselves?” Senior U.S. District Judge Richard G. Kopf has this post today at his “Hercules and the Umpire” blog.
“The Awakening of Thurgood Marshall: The case he didn’t expect to lose; And why it mattered that he did.” Gilbert King has this essay online at The Marshall Project.
Access online the redesigned “Above the Law” blog: At this link.
“YLS students give mixed reviews of clerkship process”: This article appears in today’s edition of The Yale Daily News.
“Supreme Court should rehear Abigail Fisher’s case, put the issue to rest”: Columnist Jazmyn Griffin has this essay in today’s edition of The Daily Texan.
“Aereo Seeks Bankruptcy After Losing Supreme Court Fight”: Michael Bathon and Alex Barinka of Bloomberg News have this report.
And Reuters reports that “TV streaming service Aereo files for bankruptcy.”
“More Judges Question Use Of Fake Drugs In Sting Cases”: Erik Eckholm will have this article in Friday’s edition of The New York Times.
“Judge Won’t Let SiriusXM Immediately Appeal Turtles Ruling; The hot-button legal issue is the unlicensed broadcasting of pre-1972 sound recordings”: Eriq Gardner has this post today at the “Hollywood, Esq.” blog of The Hollywood Reporter.
“Justice Kagan ’81 discusses legal analysis, Court’s perception”: The Daily Princetonian has this report.
And The Times of Trenton has a news update headlined “Justice Kagan talks equality, justice with Princeton president, denies Supreme Court corruption.”
“5th Circuit refuses to reconsider Mississippi’s abortion law”: The Clarion-Ledger of Jackson, Mississippi has this news update.
And Reuters reports that “Appeals court order keeps Mississippi’s sole abortion clinic open.”
Access online the audio of yesterday’s Third Circuit oral argument in Christian college’s challenge to contraceptive mandate opt-out rules: You can access at this link (28.4 MB mp3 audio file) yesterday’s oral argument in Geneva College v. Burwell.
My earlier coverage of yesterday’s oral argument can be accessed here.
Supreme Court of Pennsylvania rules that the use of pre-arrest silence as substantive evidence of guilt violates a non-testifying defendant’s rights under the Pennsylvania Constitution: Today’s ruling of the Supreme Court of Pennsylvania consists of an opinion announcing the judgment of the court, a concurring opinion, and two dissenting opinions (here and here).
“Judge Easterbrook delivers inaugural Scalia lecture: Interpreting the Unwritten Constitution.” Harvard Law Today has this report.
You can access on YouTube via this link the video of Seventh Circuit Judge Frank H. Easterbrook‘s remarks.
“PA: Court Declines to Adopt R3: Products Liability.” Christopher J. Robinette has this post today at “TortsProf Blog.”
Yesterday’s ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and a concurring and dissenting opinion.
“State Supreme Court upholds $500K damage cap for suits against schools, municipalities”: Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this update.
And The Associated Press has a report headlined “Court: $500K limit proper for girl run over by Pennsbury bus.”
Yesterday’s ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and a concurring opinion.
“US Supreme Court says ‘no’ to SC’s request for more time on same-sex marriage decision”: The State of Columbia, South Carolina has this news update.
And at “SCOTUSblog,” Lyle Denniston has a post titled “Same-sex marriages can go ahead in South Carolina.”
You can access at this link today’s order of the U.S. Supreme Court denying a stay.
“Measuring the Fortress: Explaining Trends in Supreme Court and Circuit Court Dictionary Use.” John Calhoun has this note in the November 2014 issue of The Yale Law Journal.
“Obamacare provision challenged in court; Catholic organizations oppose opt-out policy”: Karen Langley has this article in today’s edition of The Pittsburgh Post-Gazette.
The appeal was argued yesterday before a three-judge panel of the U.S. Court of Appeals for the Third Circuit consisting of Chief Judge Theodore A. McKee, Circuit Judge Marjorie O. Rendell, and Senior Circuit Judge Dolores K. Sloviter.
Once posted online, the oral argument audio can be accessed via this link.
“Chief Judge Kozinski Responds”: Ed Whelan has this post today at National Review Online’s “Bench Memos” blog.
As for what Ninth Circuit Chief Judge Alex Kozinski is responding to, the answer appears in this post from Tuesday.
“White House readies immigration legal defense; Court and historical precedents eyed as bolstering case for unilateral action”: Josh Gerstein of Politico.com has this report.
“Alaska Loses Round in Gay Marriage Appeal”: At her “Trial Insider” blog, Pamela A. MacLean has this post about the denial of an initial en banc hearing that the U.S. Court of Appeals for the Ninth Circuit noted online yesterday.
“Three Things Congress Should Do in 2015 About Judges”: Steve Klepper has this post today at the “Maryland Appellate Blog.”
“Judges question ATF stings that lure suspects into fictitious stickups”: Victoria Kim of The Los Angeles Times has this report.
“Why Voter ID Laws Don’t Swing Many Elections”: Nate Cohen will have this essay in Thursday’s edition of The New York Times.
“Meet Michael Cannon, the man who could bring down Obamacare”: Sarah Kliff has this interview today at Vox.com.
“Is the Supreme Court Objective? Cases For and Against.” The National Constitution Center has posted on YouTube at this link the video of yesterday’s discussion between law professors Erwin Chemerinsky and Nicholas Quinn Rosenkranz.
“Missouri Attorney General Puts Limit on Contributions”: Eric Lipton will have this article in Thursday’s edition of The New York Times.
“Obama Is Not a Monarch: The president cannot act alone; the Constitution requires compromise.” U.S. Senator Ted Cruz (R-TX) has this essay online at Politico Magazine.