“Protracted Eight-Member Supreme Court Could Stymie Rulings on Host of Issues; Upcoming cases have long divided remaining justices 4-4 into conservative, liberal blocs”: Jess Bravin and Brent Kendall of The Wall Street Journal have this report.
“Arguing Before Justice Scalia”: Paul Clement has this essay online at The New York Times.
“Greens wary of Sri Srinivasan’s fossil fuel past; His work as an attorney representing Enron’s former CEO and ExxonMobil raises hackles among some eco-activists”: Elana Schor of Politico.com has this report.
“Scalia restored right to bear arms; Supreme Court Justice’s ‘new originalism’ refinement led to landmark ‘Heller’ decision”: Law professor Randy E. Barnett has this essay online at USA Today.
“U.S. appeals court upholds Apple e-book settlement”: Jonathan Stempel of Reuters has this report on a non-precedential summary order that the U.S. Court of Appeals for the Second Circuit issued today.
“Justice Scalia, the Last Originalist”: Law professor Noah Feldman has this essay online at Bloomberg View.
“What Originalists Should Say About a Scalia Replacement: It’s not what Ted Cruz is saying.” Law professor Richard Schragger has this jurisprudence essay online at Slate.
“We Know the Type of Justice Obama Might Pick: Because he’s already told us many times.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“Obama and Republicans Are Both Wrong About Constitution”: Law professor Noah Feldman has this essay online at Bloomberg View.
“Possible Obama picks lean left on environment”: Robin Bravender of Greenwire has this report.
“Without Justice Scalia, Oral Arguments Will Lose a Bit of Their Bite; Lawyers before the Supreme Court loved, and loathed, their time before the conservative jurist”: Brent Kendall and Jess Bravin of The Wall Street Journal have this report.
“Court could halt U.S.S. Cole trial”: Josh Gerstein of Politico.com has a blog post that begins, “Judges on a federal appeals court sounded open Wednesday to halting military commission proceedings against a Saudi man alleged to have planned the attack on the U.S.S. Cole in 2000 that killed 17 American sailors.”
Yesterday at “Just Security,” Steve Vladeck had a post titled “D.C. Circuit Quietly Set to Hear Major National Security Appeals.”
“Has the President Gone Too Far on Immigration?” The National Constitution Center has posted on YouTube at this link the video of a debate that that the Center hosted yesterday evening in Philadelphia. Josh Blackman and a contributor to “The Volokh Conspiracy” blog were among the participants in the debate.
“Before Supreme Court nod, an intrusive interrogation”: Josh Lederman of The Associated Press has an article that begins, “Did you ever buy porn, sniff glue, have sex in junior high? Exactly how many times?”
“Appeals court hears oral arguments on New Jersey’s sports betting law”: John Brennan of The Record of Hackensack, New Jersey has a news update that begins, “More than an hour of oral arguments about the constitutionality of New Jersey’s sports betting law that were heard in a U.S. Third Circuit Court of Appeals courtroom on Wednesday underscored why the case has lurched through the courts for four years — and why it may be four months or more before a dozen judges are able to reach a decision.”
Update: In other coverage, Courthouse News Service reports that “Third Circ. Hears Sports-Betting Arguments.”
“In Supreme Court Primary Race, a Question of Judgment”: Online at The Texas Tribune, Ross Ramsey has an essay that begins, “Something unusual turned up in the arguments over which Green — Paul or Rick — should be the Republican Party’s nominee for a seat on the Texas Supreme Court.”
“Bring back Justice O’Connor”: William Blake and Hans Hacker have this essay online at The Baltimore Sun.
“Republicans, Beware the Abe Fortas Precedent: In 1968, a hostile Congress blocked LBJ’s nominee to the Supreme Court; Conservatives lived to regret it.” Josh Zeitz has this essay online at Politico Magazine.
“Scalia Was Almost Never The Most Conservative Justice On The Supreme Court”: Andrew D. Martin and Kevin M. Quinn have this post at FiveThirtyEight.
“The Second Amendment Without Scalia: What will happen to gun rights if a Democrat picks his replacement?” Jacob Sullum has this essay at Reason.com.
“Rebecca Bradley, JoAnne Kloppenburg advance in high court race”: Patrick Marley and Lee Bergquist of The Milwaukee Journal Sentinel have an article that begins, “State Supreme Court Justice Rebecca Bradley and Appeals Judge JoAnne Kloppenburg advanced in Tuesday’s primary and will square off in the April 5 election for a 10-year term on the high court.”
“Scalia’s death and lack of an autopsy bring out the conspiracy theorists”: Matt Pearce of The Los Angeles Times has this report.
“How Supreme Court Justices Are Chosen”: The Onion has this infographic.
“Retired Canadian jurists respectfully dissent from Scalia’s approach, style”: Sean Fine of The Toronto Globe and Mail has this report.
And online at The Ottawa Citizen, law professor Adam Dodek has an essay titled “How Scalia’s scathing attacks boosted Canada’s Constitution.”
“After a Rocky Start, Ted Cruz Had Success Before Supreme Court”: Adam Liptak and Matt Flegenheimer have this article in today’s edition of The New York Times.
“Judge Jane Kelly And True Diversity On The Supreme Court”: Senior U.S. District Judge Richard G. Kopf (D. Neb.) has this post (with video) online at Mimesis Law.
“Erwin Chemerinsky and Rick Hasen on the Passing of Supreme Court Justice Antonin Scalia and the Future of the Supreme Court”: You can access this UCI Law Talks podcast via this link.
“New Jersey goes back to court to fight for legalized sports gambling”: USA Today has an article that begins, “Lawyers representing New Jersey will be back in court Wednesday to make yet another argument that the state should be allowed to offer sports betting at casinos and horse-racing tracks.”
In today’s installment of meals with law bloggers: Breakfast with Josh Blackman at the Down Home Diner.
Lunch on my own, sandwich from Silvio’s Deli.
Dinner with Rick Hasen at Buddakan.
Tomorrow, normal, uneventful life resumes (plus a brief’s due in the Eighth Circuit).
“Scalia death phone inquest unusual but not unprecedented”: The Associated Press has a report that begins, “A county judge’s determination via telephone that Supreme Court Justice Antonin Scalia died of natural causes and required no autopsy was unusual, Texas officials said, but sometimes happens in rural areas of Texas where a county can be bigger than some U.S. states.”
And Mark Berman of The Washington Post has an article headlined “Texas judge defends decision not to order autopsy for Justice Scalia.”
“California’s attorney general: No interest in Supreme Court”: The Associated Press has this report.
And Phil Willon of The Los Angeles Times has an article headlined “Kamala Harris: ‘I do not wish to be considered’ for the Supreme Court.”
“Appeals Court Upholds Sanctions Against TV Streamer; FilmOn flouted an injunction order after the Supreme Court ruled against Aereo”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
“Judge Guido Calabresi: The Future of Law and Economics.” You can access via YouTube at this link the video of this recent National Constitution Center event.
“What I Learned From Justice Scalia”: Justice Joan L. Larsen of the Supreme Court of Michigan has this essay online at The New York Times.
“The Next Justice? It’s Not Up to Us.” Garry Wills has this post at the blog of The New York Review of Books.