So that’s how a federal appellate court deals with the U.S. Supreme Court’s invitation to respond to a mandamus petition: Earlier this month. the U.S. Supreme Court asked the U.S. Court of Appeals for the Ninth Circuit to respond to a mandamus petition that Arizona had filed in the Supreme Court. You can view the Supreme Court docket entries in the matter at this link.
On rare occasion, a federal appellate court will ask a U.S. District Judge to respond to a mandamus petition. In such instances, it is rather straightforward for the district judge, alone or with the assistance of his or her staff, to prepare such a response.
By contrast, I have never seen a federal appellate court file a response to a mandamus petition pending in the U.S. Supreme Court. Today, the en banc Ninth Circuit issued this per curiam decision that appears to moot the mandamus request that Arizona filed in the U.S. Supreme Court. In other words, today’s en banc Ninth Circuit decision grants the very relief that Arizona had requested from the U.S. Supreme Court.
It is quite possible that Arizona will advise the U.S. Supreme Court that its mandamus petition is now moot, which might then relieve the Ninth Circuit from having to respond on or before January 7, 2015. We will know for certain a little over one week from now.
“Judge Gorsuch on arrrest warrants and Doppler radar devices”: Orin Kerr has this post at “The Volokh Conspiracy” about a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
“Woman can’t sue FedEx over pot delivery”: Noah Schaffer has this post at Massachusetts Lawyers Weekly about a ruling that the U.S. Court of Appeals for the First Circuit issued today.
“Pom Wonderful wins trademark ruling over rival pomegranate drink”: Jonathan Stempel of Reuters has this report.
And The Associated Press reports that “Court sides with POM Wonderful in beverage fight.”
You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“North Carolina Seeks Supreme Court Review in Voting Case”: Rick Hasen has this post at his “Election Law Blog.”
“Retiring circuit judge, a Carnegie native, ‘helped tutor generations'”: This past September, Brian Bowling had this profile in The Pittsburgh Tribune-Review of Senior Third Circuit Judge Ruggero J. Aldisert — who passed away Sunday at the age of 95.
And in July 2003, Judge Aldisert participated in this blog’s “20 questions for the appellate judge” feature in a post titled “20 Questions for Senior Circuit Judge Ruggero J. Aldisert of the U.S. Court of Appeals for the Third Circuit.”
“KKK loses lawsuit on handing pamphlets to drivers in Missouri town”: The Los Angeles Times has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued last Wednesday.
“US Supreme Court takes case, but plaintiff missing”: The Associated Press has this report.
“Adopted midstate son to become next chief justice of Pa.’s Supreme Court”: Jan Murphy of The Patriot-News of Harrisburg, Pennsylvania has this report, along with an article headlined “Pa’s incoming chief justice seen as breath of fresh air on scandal-ridden court.”
And The Associated Press reports that “Saylor to take over as Pa.’s new chief justice.”
“Respected former circuit court judge with Carnegie roots dies”: Brian Bowling of The Pittsburgh Tribune-Review has a news update that begins, “Ruggero J. Aldisert, a Carnegie native and retired federal judge, died Sunday, a spokeswoman for the 3rd U.S. Circuit Court of Appeals said Tuesday.”
“Mandatory judicial retirement ages are only ageist if you’re old”: Columnist Chris Rickert has this essay online today at The Wisconsin State Journal.
“Will T. Scott steps down from Kentucky Supreme Court, won’t say yet if he will run for governor”: This article appears in today’s edition of The Lexington Herald-Leader.
“The Real Story Behind the Fight for Marriage Equality: A new book from gay rights activist Marc Solomon sets the record straight about how gay marriage victories were really won.” E.J. Graff has this post online today at The Daily Beast.
“Constitution Check: Is Obama’s new immigration policy constitutional, or not?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.
“State Supreme Court Justice Stevens confirms run for seat”: Today’s edition of The Standard Speaker of Hazleton, Pennsylvania contains an article that begins, “Pennsylvania Supreme Court Justice Correale F. Stevens of Sugarloaf Township is running for election to the post he was appointed to two years ago.”
“The 10 Worst Civil Liberties Violations of 2014: It’s been an exceptionally awful year.” Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.
“Florida attorney general seeks clarity from judge on gay marriage”: Reuters has a report that begins, “One week before gay marriage is set to begin in Florida, the state’s attorney general asked a federal judge late on Monday to clarify whether same-sex couples could marry across the state or a court order restricted it to a single, rural county.”
“Oregon lawmakers could easily dodge Supreme Court ruling on federal exchange, expert says”: Today’s edition of The Oregonian contains an article that begins, “A prominent opponent of the Affordable Care Act says that unlike many other states, Oregon can easily sidestep a Supreme Court challenge he helped engineer.”
“Big Question For 2015: Will The Supreme Court Rule On Abortion?” This audio segment appeared on today’s broadcast of NPR’s “Morning Edition.”
“Court won’t reconsider states’ citizenship lawsuit”: The Associated Press has this report.
“Legislature won’t let state Supreme Court chief justice give State of the Judiciary speech”: This front page article appears in today’s edition of The Olympian of Olympia, Washington.
