Programming note: On Tuesday morning, I will be meeting with trial counsel in two recently filed appeals on which I will be working.
At 10 a.m. eastern time on Tuesday, the U.S. Supreme Court will issue one or more rulings in argued cases. You can access the rulings via this link just as soon as they are posted online.
“U.S. Supreme Court won’t review case of 76-year-old man serving life without parole for pot”: Kent Faulk of The Birmingham News has this report.
“Immigration case puts renewed focus on Garland nomination”: Tom LoBianco of CNN.com has this report.
“The Supreme Court Is All Tied Up: A bitter, partisan 4-4 ruling is on the cards over immigration, showing just how broken the system is.” Dahlia Lithwick has this Supreme Court dispatch online at Slate.
And online at The New York Times Magazine, Emily Bazelon and Eric Posner have a conversation titled “What Should We Expect From the Supreme Court’s Showdown Over Immigration?”
“U.S. top court appears unlikely to revive Obama immigration plan”: Lawrence Hurley of Reuters has this report.
Chris Geidner of BuzzFeed News reports that “Closely Divided Supreme Court Digs Into Obama’s Immigration Action; The eight justices appeared to be split 4-4 on whether the 2014 immigration executive action and its effects are legal, but Justice Anthony Kennedy signaled an openness to dismissing the case on standing grounds.”
Cristian Farias and Elise Foley of The Huffington Post report that “Supreme Court Doubts Texas Has A Legal Right To Challenge Immigration Policy; United States v. Texas, a challenge to the president’s executive actions on immigration, will be a linchpin of election-year politics.”
And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Appears Divided On Obama Immigration Actions.”
“Appeals Court Affirms Landmark N.F.L. Concussion Settlement”: Ken Belson of The New York Times has this report.
And Jeremy Roebuck of The Philadelphia Inquirer reports that “NFL’s $1 billion concussion settlement upheld by federal appeals court.”
“Supreme Court Justices Appear Split on Immigration Case; If court deadlocks, Obama’s policy to shield millions from deportation likely would be frozen”: Brent Kendall, Jess Bravin, and Louise Radnofsky of The Wall Street Journal have this report.
“Conservatives on Skids Before Scalia’s Death”: Kenneth Jost had this post yesterday at his “Jost on Justice” blog.
“Oklahoma City a defining moment in Merrick Garland’s career”: The Associated Press has this report.
And if the observation seems familiar, a little over one month ago I had this post linking to a Los Angeles Times article headlined “Oklahoma City bombing deeply affected Supreme Court nominee Merrick Garland.”
Oral argument transcript in United States v. Texas, No. 15-674, now available online: The U.S. Supreme Court has posted the transcript online at this link.
Not to be confused with Kathleen M. Sullivan: Last Thursday, Rob Hotakainen of McClatchy Washington Bureau had an article headlined “Obama announces nominees for 3 Washington judicial vacancies.”
Also on Thursday, the White House issued a news release titled “President Obama Nominates Three to Serve on the United States District Court.”
And on Friday, the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued a news release titled “White House Announces Nominees to U.S. District Court for Western District of Washington.”
One of the three nominees is Seattle attorney Kathleen M. O’Sullivan, a former law clerk to Ninth Circuit Judge M. Margaret McKeown.
“Supreme Court Declines to Hear Google Books Case; Lower courts had ruled that Google’s scanning of books for its database was ‘fair use'”: Brent Kendall of The Wall Street Journal has this report.
“Supreme Court Appears Divided on Obama’s Immigration Plan”: Adam Liptak and Michael D. Shear of The New York Times have this report.
Robert Barnes of The Washington Post reports that “Initial prognosis poor for Obama’s immigration program at Supreme Court.”
David G. Savage of The Los Angeles Times reports that “Supreme Court appears split over Obama’s immigration plan.”
Richard Wolf of USA Today reports that “Supreme Court split on Obama immigration plan.”
And Greg Stohr of Bloomberg News reports that “Supreme Court Suggests Divide Over Obama Immigration Plan.”
“Immigration prompts role reversal at Supreme Court; Liberals and conservatives swap sides on issue of when states can challenge the federal government in court”: Josh Gerstein of Politico.com has this report.
“NFL’s $1 billion concussion settlement upheld by U.S. appeals court”: Reuters has this report.
And The Associated Press reports that “Appeals court upholds $1B NFL concussion settlement.”
“Justices seem divided over Obama immigration actions”: Mark Sherman of The Associated Press has this report.
“When a Senator Passes Judgment on a Chief Justice”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
Third Circuit affirms class certification and settlement approval in NFL concussion class action: You can access today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Access online today’s ruling in an argued case of the U.S. Supreme Court: The Court today issued one ruling in an argued case.
Justice Anthony M. Kennedy delivered the opinion of the Court in Welch v. United States, No. 15-6418. Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument audio via this link.
Update: In early news coverage, The Associated Press reports that “Justices extend ruling on repeat offenders’ prison terms.”
Access online today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases today, but the Court did call for the views of the Solicitor General in one case.
Update: In early news coverage, Lawrence Hurley of Reuters reports that “Supreme Court rejects challenge to Google book-scanning project.”
And Greg Stohr of Bloomberg News reports that “Google Book Project Can Proceed as Supreme Court Spurns Appeal.”
“The Hollywood Hit-Job on Justice Clarence Thomas: I covered the confirmation hearings in 1991; HBO’s movie heavily edits history to favor Anita Hill.” Stuart Taylor Jr. has this essay online at The Wall Street Journal. You can freely access the full text of the essay via Google.
“Supreme Court Weighs Obama’s Executive Action On Immigration”: This audio segment featuring Nina Totenberg appeared on today’s broadcast of NPR’s “Morning Edition.”