Programming note: On Thursday morning, I will be traveling to Washington, DC, where I will remain until midday Sunday, to attend the 2015 Appellate Judges Education Institute Summit.
A highlight of the program will be Thursday evening’s “Opening Reception at the United States Supreme Court featuring appearances by Supreme Court Justices.” Because several state Supreme Court justices will likely be present, that description will prove accurate regardless of whether any U.S. Supreme Court Justices attend. Sadly, law clerks to the Justices who are fans of appellate blogs are not guaranteed to be present, although they are welcome to get in touch and say hello if they happen to be working late.
At various times throughout the program, the AJEI Summit will feature competing presentations that will be occurring simultaneously. Thus, on Friday morning, I will have to choose between hour two of Dean Erwin Chemerinsky‘s amazing note-free “Supreme Court Review” (then focusing on the criminal docket) and getting to hear from Indiana Supreme Court Justice Mark S. Massa, who went from being a journalist to a state supreme court justice. I have an inkling he may know how to write readable appellate decisions.
And on Saturday afternoon, I will have to choose between a Second Amendment panel featuring Paul Clement and a Guantanamo Bay panel featuring Steve Vladeck.
This is my second year in a row attending the AJEI Summit (last year’s was in Dallas), and the organizers are making it especially convenient for me to return again next year when the event will be taking place just down the road in Philadelphia.
It will be great to see many new and old friends at this year’s event, and also to make new acquaintances. If you see some guy at the AJEI Summit who looks like my Twitter icon, it might be me, so feel free to say hello.
And speaking of Twitter, while the AJEI Summit is underway, blog posts may appear here less frequently, but activity on this blog’s Twitter feed might increase.
“Supreme Court Medicare fraud case raises questions over seized assets”: Ali Montag of McClatchyDC has this report.
On yesterday evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Weighs Whether The Government Can Freeze A Defendant’s Assets.”
And online at Bloomberg View, law professor Noah Feldman has an essay titled “It’s Hard to Pay a Lawyer Without Money.”
“Boy at center of famous ‘Poor Joshua!’ Supreme Court dissent dies”: The Milwaukee Journal Sentinel has this news update.
“Constitution Check: Is the new Obamacare case all about the nuns?” Lyle Denniston has this post at the “Constitution Daily” blog of the National Constitution Center.
“Porngate investigator steps aside after Daily News report”: William Bender of The Philadelphia Daily News has this report.
“Scalia asks if Supreme Court expresses nation’s principles”: The Associated Press has this report from Philadelphia.
“Reading the Tyson tea leaves: This case won’t be vehicle for big class action changes.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.
“Obscure N.D. judge takes lead role in fight over Obama rule”: Jeremy P. Jacobs and Annie Snider of Greenwire have an article that begins, “With the stroke of his pen, Ralph Erickson catapulted himself to the center of a decades-long politically charged battle over the country’s foremost water law.”
“U.S. justices’ 2007 climate change ruling looms over immigration case”: Lawrence Hurley of Reuters has this report.
“Supreme Court Landmark Case Korematsu v. United States“: C-SPAN has posted the video of this Monday’s broadcast, featuring Peter Irons and Karen Korematsu, at this link.
“Brent Dickson to leave Indiana Supreme Court after three decades; Former Chief Justice Brent Dickson is the second-longest-serving justice in the state’s history”: Kristine Guerra of The Indianapolis Star has this report.
“The Common Law in the Supreme Court”: Law professor Richard Epstein has this post online at Ricochet.
“Pat Toomey Is Holding Up His Own Judicial Nominees. Again. It’s part of a pattern of Republicans delaying votes on Obama’s court picks.” Jennifer Bendery of The Huffington Post has this report.
“Google defeats most claims in browser tracking lawsuit”: Jonathan Stempel of Reuters has this report.
And at Wired.com, Andy Greenberg has a post titled “Court Says Tracking Web Histories Can Violate Wiretap Act.”
You can access yesterday’s 60-page ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
“Minow Champions Affirmative Action in Amici Brief”: The Harvard Crimson has this report.
You can view the amicus brief, on which Carter G. Phillips is counsel of record, at this link.
“Sioux Falls welcomes ‘Sonia Sotomayor Elementary’; Members of the naming committee were drawn to Sotomayor’s impressive background”: The Argus Leader of Sioux Falls, South Dakota has an article that begins, “The new Spanish immersion school in Sioux Falls will be named after the first Hispanic to serve on the United States Supreme Court.”
“Supreme Court Shields Police From Juries”: Law professor Noah Feldman has this essay online at Bloomberg View.
And online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Sonia Sotomayor Takes a Stand Against Police Brutality; In a stunning dissent, the justice condemns the ‘culture’ of deadly force.”
“Ex-justice: State Supreme Court voted to strike ban on gay marriage.” The Arkansas News Bureau has this report.
“Harvard Law Review releases Supreme Court issue”: Harvard Law Today has this report.
You can access the contents of the November 2015 issue of the Harvard Law Review via this link.
“The Supreme Court Is About To Consider A Case That Could End Roe V. Wade”: Ian Millhiser has this post at ThinkProgress.
“A warrant without warrant: or, the magistrate’s reach.” Benjamin Gould has this post at his “Appellate Briefs” blog about a ruling that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.
The decision is worth a look, among other reasons, because Circuit Judge Neil M. Gorsuch issued an opinion concurring in the judgment.
“Glaring conflict in Porngate probe?” William Bender of The Philadelphia Daily News has this article today.