“The majority opinion is needless, wrong, and raises serious constitutional concerns with the separation of powers.” So writes Ninth Circuit Judge Jay S. Bybee in an opinion “concurring in the judgment but vigorously disagreeing with everything else” issued today.
The majority on this three-judge panel ruled today that the Ninth Circuit’s Bankruptcy Appellate Panel lacks authority to issue writs of mandamus under the All Writs Act.
“Give Judge Merrick Garland a fair hearing”: President Barack Obama has this op-ed online at AL.com and in numerous other newspapers today.
“Can Merrick Garland Kill the Filibuster?” Jeffrey Toobin has this post online today at The New Yorker.
Access the audio of Wednesday’s oral argument in Zubik v. Burwell: At this link.
And the U.S. Supreme Court has made available the audio to all of this week’s oral arguments via this link.
“How many cases will the Supreme Court put off till next term? Maybe none.” Tom Pryor and Timothy R. Johnson have this entry today at the “Monkey Cage” blog of The Washington Post.
“Expansion of Georgia’s Supreme Court wins final approval”: The Atlanta Journal-Constitution has this report.
“When your cousin is the Supreme Court nominee”: IdaRose Sylvester has this post at Medium.
“US Supreme Court Takes up Speedy-Trial Fight in Montana Case”: The Associated Press has this report.
“The Supreme Court’s Conservatives Don’t Seem To Know What Obamacare Actually Does; For one thing, it doesn’t offer a ‘birth control only’ plan”: Jeffrey Young and Cristian Farias of The Huffington Post have this report.
At Rewire, Greg Lipper has an essay titled “Justices Against ‘Hijacking,’ and Other Unsettling Details from the ‘Zubik v. Burwell’ Oral Arguments; It’s 2016, and lawyers are still arguing about birth control.”
And online at Bloomberg View, law professor Noah Feldman has an essay titled “What Religious Freedom Means. (It’s Complicated.)”
“After Garland’s nomination, support for hearings remains strong, CNN/ORC poll finds”: Jennifer Agiesta of CNN.com has this report.
And The Harvard Crimson has an editorial titled “Supremely Identical: Nominees’ similar career paths, not educations, are real problem for Supreme Court.”