“Federal appeals court won’t reconsider ruling granting new trial for officers in Danziger Bridge case”: The Advocate of New Orleans has this report.
And The Associated Press reports that “New trial for ex-officers stands in Katrina shootings case.”
You can access today’s order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc by an evenly divided 7-to-7 vote, and the opinion dissenting therefrom, at this link.
“Albert Woodfox and the Case Against Solitary Confinement”: Law professor David Cole has this post online today at The New Yorker.
“Order in the Court! How John Roberts will keep the Supreme Court from descending into chaos.” Dahlia Lithwick has this jurisprudence essay online today at Slate.
“U.S. top court mulls boosted patent damages in Stryker, Halo cases”: Reuters has this report.
And online at Bloomberg View, law professor Noah Feldman has a related essay titled “The Highest Court in the Land Shouldn’t Always Pull Rank.”
You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513.
“Only Eight Justices? So What; A Supreme Court vacancy doesn’t make the justice system grind to a halt; History shows that it merely delays rulings in a small number of cases.” Law professor Josh Blackman and Ilya Shapiro have this essay online at The Wall Street Journal.
You can freely access the full text of the essay via Google.
“Texas sheriff’s report reveals more details on Supreme Court Justice Scalia’s death”: Amy Brittain and Sari Horwitz of The Washington Post have an article that begins, “A Texas sheriff’s department released an incident report late Tuesday that revealed new details of the discovery of Supreme Court Justice Antonin Scalia’s body, as well as the name of the friend who accompanied him on the hunting trip and the items found inside the ranch bedroom where the justice was found.”
“Justice Alito Addresses Prospect of an 8-Member Court”: Adam Liptak will have this article in Wednesday’s edition of The New York Times.
Richard Wolf of USA Today has an article headlined “Alito on 8-member court: ‘We will deal with it.’”
At WSJ.com’s “Law Blog,” Brent Kendall has a post titled “Justice Alito: Scalia Death a Great Shock but ‘We Will Deal With It.’”
Ariane de Vogue of CNN.com has a report headlined “Samuel Alito on Supreme Court vacancy: ‘We will deal with it.’”
And Cristian Farias of The Huffington Post has an article headlined “Samuel Alito On An Eight-Justice Supreme Court: ‘We Will Deal With It’; He didn’t comment on what kind of justice should fill the late Antonin Scalia’s seat.”
“Green groups ready lobbying machine for confirmation fight”: Kevin Bogardus of E&E Daily has this report.
“The First Day of the New Supreme Court: Without Antonin Scalia on the bench, the court’s liberals spoke up and won out.” Mark Joseph Stern has this Supreme Court dispatch online today at Slate.
“Alito: Court will find a way to do its work with 8 justices.” Mark Sherman of The Associated Press has this report.
And Josh Gerstein of Politico.com has a blog post titled “Alito demurs, mostly, on successor to Scalia.”
“Supreme Court to hear major grid case without Scalia”: Robin Bravender of Greenwire has this report.
In the March 2016 issue of ABA Journal: Mark Walsh has an article headlined “Supreme Court to consider abortion regulations and the contraception-coverage mandate.”
David L. Hudson Jr. has an article titled “Federal appeals courts split over law on credit card surcharges.”
Jenny B. Davis has an article headlined “10 Questions: This DC lawyer is helping her firm attract US Supreme Court clerks.”
And this month’s installment of Bryan A. Garner’s “On Words” column is titled “A ‘conversation’ with the late, great lexicographer Samuel Johnson.”
“Scalia suffered from many health problems”: The Associated Press has this report.
“Oklahoma Supreme Court upholds state law on limiting abortion drugs”: Reuters has this report on a ruling that the Supreme Court of Oklahoma issued today.
“McConnell will not meet with Obama’s nominee”: Alexander Bolton of The Hill has an article that begins, “Senate Majority Leader Mitch McConnell (R-Ky.) on Tuesday said he won’t even meet with President Obama’s nominee to the Supreme Court.”
“Forum Club 2,12,2016 Stephen Breyer”: You can access the video on YouTube at this link.
“How influential was Scalia, really?” Law professor Eric Posner has this blog post.
“Obama Makes Guantanamo Tribunals More Difficult”: Online at Bloomberg View, law professor Noah Feldman has an essay that begins, “Buried in the middle of President Barack Obama’s speech Tuesday on closing the military prison at Guantanamo Bay, Cuba, was a remarkable statement very close to a repudiation of the military commissions trying Khalid Sheikh Mohammed and nine other terrorists.”
“Colleagues, even if you don’t like circuit precedent, you must follow it. Afterwards, you call the case en banc. You cannot create your own contrary precedent.” So begins a dissenting opinion that Ninth Circuit Judge N. Randy Smith issued today.
“GOP Senators: No hearing, no vote for Obama Court pick.” The Associated Press has this report.
Reuters has a report headlined “Senate won’t confirm any Obama Supreme Court nominee: McConnell.”
And Bloomberg News reports that “Post-Scalia, Senate Republicans See Tough Optics on Blockade.”
Access the transcript of today’s U.S. Supreme Court oral argument in Taylor v. United States, No. 14-6166: At this link.
“The behind-the-scenes politics of picking a Supreme Court justice”: Joan Biskupic has a post at “The Great Debate” blog of Reuters that begins, “As U.S. Supreme Court Justice Antonin Scalia was being eulogized and President Barack Obama had begun reviewing files on his potential successor, a chance meeting led me to recall a memo Patrick Buchanan, an advisor to President Ronald Reagan, wrote 30 years ago recommending Scalia.”
“Supreme Court to decide whether Roanoke robbery convictions will stand”: Columnist Dan Casey has this essay online at The Roanoke Times.
“Here’s who should replace Antonin Scalia”: Law professor Michael J. Broyde has this essay at CNN.com.
“An Historic Attempt To Kill Roe v. Wade May Backfire Spectacularly On The Anti-Choice Right”: Ian Millhiser of ThinkProgress has this post today.
“Do Women Need Legislative ‘Protection’?” Emily Bazelon had this “First Words” essay in this past Sunday’s edition of The New York Times Magazine.
“Why not have a Justice Howard Stern?” Columnist Ginnie Graham has this essay online at The Tulsa World.
“Antonin Scalia, Judicial Activist? In Defense of the Late Justice — and the Rule of Law.” Evan Bernick has this entry online at The Huffington Post.
“The Matthew Stephenson Moment”: At the “Balkinization” blog, Richard Primus recently had a post in which he writes, “It’s hard to foresee what might happen if a President said ‘From now on, I’m going to deem my nominees appointed unless they are affirmative rejected by the Senate within ninety days.’ It might not be pretty. And maybe we will never get that far. But whether it’s that escalation or a different one, the important point is that escalations in the separation-of-powers game are likely to produce further escalations, especially when the stakes are high and politically salient, and especially in a particular domain — judicial confirmations — where escalation responding to escalation is already the established dynamic.”
“Rules of Engagement: Exploring judicial use of social media.” Attorney John G. Browning and Justice Don Willett of the Supreme Court of Texas have this article in the February 2016 issue of Texas Bar Journal.
“Argument preview: When must a prosecutor-turned-judge recuse from a capital case?” Richard M. Re has this post today at “SCOTUSblog.”
“Obama admin wins jurisdiction fight over contentious rule”: Tiffany Stecker and Jeremy P. Jacobs of Greenwire have this report.
The Associated Press reports that “Appeals court to consider challenge to federal water rules.”
Timothy Cama of The Hill reports that “Court to hear case against Obama’s water rule.”
And Courthouse News Service reports that “6th Circuit to Review EPA Clean Water Rule.”
You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit — in which each of the judges on the panel wrote separately — at this link.
“Supreme Court fight has lawmakers doing somersaults”: The Associated Press has this report.
“Appellate court reinstates voters’ wishes on prisoner parole”: Bob Egelko of The San Francisco Chronicle has this report.
Denny Walsh of The Sacramento Bee reports that “Appeals court reverses judge’s decision invalidating state parole laws.”
The Associated Press reports that “Court Upholds State’s Stricter Limits on Parole Hearings.”
And Courthouse News Service reports that “9th Circ. OKs Longer Parole Waits in Calif.”
You can access yesterday’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Court revives reverse-payment case over Loestrin”: Reuters has this report (subscription required for full access) on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued yesterday.