“The Senate Should Refuse To Confirm All Of Hillary Clinton’s Judicial Nominees; As a matter of constitutional law, the Senate is fully within its powers to let the Supreme Court literally die out”: Ilya Shapiro has this essay online at the Federalist.
“Forced Out (Constitutionally) for Facebook Comments; Federal appeals court rules that Central Lakes College acted legally when it kicked a student out of a nursing program for comments deemed unprofessional and threatening”: Doug Lederman of Inside Higher Ed has this report.
Steven Nelson of U.S. News & World Report has an article headlined “Federal Court Upholds College Punishment for Off-Campus Facebook Posts Said to Violate Vague Standards; ‘A decision like this opens the door,’ free speech advocate warns.”
And at “On Brief: Iowa’s Appellate Blog,” Ryan Leemkuil has a post titled “Eighth Circuit: Your Facebook post could get you kicked out of school.”
You can access yesterday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
“Justice Thomas Is A Good Man”: Carrie Severino has this post at National Review’s “Bench Memos” blog.
“Content Industry Gets Favored Interpretation of ‘Repeat Infringers’ in MP3Tunes Appeal; MP3Tunes and its founder Michael Robertson can’t escape a determination of owing tens of millions of dollars to record labels and music publishers”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.
Nate Raymond of Reuters reports that “U.S. court rules for music companies in MP3tunes copyright case.”
And Joe Mullin of Ars Technica has an article headlined “Things look even worse for MP3tunes founder after loss on appeal; Judges: mp3tunes founder ‘acted in a manner intended to promote infringement.’”
You can access Tuesday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“Young Scholar, Now Lawyer, Says Clarence Thomas Groped Her in 1999”: Marcia Coyle of The National Law Journal has this report.
“Ex-Justice John Paul Stevens coming home for World Series”: Jason Meisner has this front page article in today’s edition of The Chicago Tribune.
“The Death Penalty, Nearing Its End”: This editorial appeared in Monday’s edition of The New York Times.
“Why Merrick Garland should keep hoping”: Joan Biskupic of CNN,com has this report.
“Thomas criticizes broken confirmation process for high court”: Mark Sherman of The Associated Press has this report.
And Greg Stohr of Bloomberg News reports that “Justice Thomas Laments a Washington That’s ‘Broken in Some Ways.’”
“View from bench: Former Supreme Court justice roots for Cubs.” Ben Walker of The Associated Press has this report.
“In ballot selfie battle, free speech beats fear of voter fraud”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“The Corrosive Election and the New Abnormal”: Linda Greenhouse has this essay online today at The New York Times.
In the November 2016 issue of ABA Journal magazine: Mark Walsh has the cover story, headlined “Appeals courts are dismantling stricter voter ID laws.”
Walsh also has an article headlined “SCOTUS will decide whether Miami can sue banks under the Fair Housing Act.”
And Liane Jackson has a post titled “New books explore polarization of politics and judiciary.”
Dissenting Pa. Supreme Court Justice cites the most recent installment of my monthly appellate column: See footnote 5 of this dissenting opinion, issued yesterday.
“Justice Thomas Remarks at the Heritage Foundation”: C-SPAN has posted the video of this evening’s event online at this link.
Conversations with Bill Kristol has posted online at YouTube a video titled “Justice Clarence Thomas: Personal reflections on the Court, his jurisprudence, and his education.” You can also access the transcript.
Online at The New Yorker, Jeffrey Toobin has a post titled “Clarence Thomas’s Twenty-Five Years Without Footprints.”
Online today at The Weekly Standard, Adam J. White responds in a post titled “Clarence Thomas Is Building a Majority By Dissent; And Jeffrey Toobin marks a quarter-century of loathing the Supreme Court justice.”
And at “Mirror of Justice,” Kevin C. Walsh has a post titled “Justice Clarence Thomas on the duty not to despair.”
“The Distinctive Role of Justice Samuel Alito: From a Politics of Restoration to a Politics of Dissent.” Law professor Neil S. Siegel has this essay online at The Yale Law Journal Forum.
“Testing Federal Power Over Immigration: An upcoming birthright citizenship case at the Supreme Court could give some insight as to whether Donald Trump’s proposed ban on immigration could pass Constitutional muster.” Law professor Garrett Epps has this essay online at The Atlantic.
“Two Messy Gitmo Trials Land at Supreme Court’s Step”: Law professor Noah Feldman has this essay online today at Bloomberg View.
“Cruz suggests leaving vacancy on Supreme Court”: The Associated Press has this report.
“Justice Stevens on the Cubs and the World Series”: Mark Walsh has this post today at “SCOTUSblog.”
“The Supreme Court in Transition: A View from the Frontlines.” The National Constitution Center has posted online at YouTube the video of this event from earlier today featuring Robert Barnes, Lincoln Caplan, and Marcia Coyle.
“‘Eight is not a good number’: Justices Ginsburg, Sotomayor address the New York City Bar Association.” Robert Barnes of The Washington Post has this report.
Programming note: Good morning from Allentown, Pennsylvania, where today I will be participating in two appellate oral arguments before a three-judge panel of the Superior Court of Pennsylvania.
Blogging has been on a reduced pace over the past several days, because I was visiting Las Vegas from Saturday afternoon through yesterday morning. Regular blogging will resume tonight.
As always while I am traveling, more frequent appellate-related retweets will appear at this blog’s Twitter feed.
“Harry Reid’s Parting Shot: Dems Will Nuke The Filibuster For SCOTUS.” Lauren Fox of TPM DC has this report.
“UB Law School hosts Supreme Court Justice Samuel Alito; Alito discusses family life and interpretations of the law”: Sarah Crowley of The Spectrum, the student newspaper of the State University of New York at Buffalo, has this report.
“Chuck Grassley’s New Defense For Supreme Court Blockade: Hearings Cost A Lot Of Money; Meanwhile, Merrick Garland has been waiting 222 days for an actual confirmation.” Cristian Farias of The Huffington Post has this report.
“The fate of the Supreme Court could rest with Ted Cruz; Merrick Garland’s best chance of being confirmed is a chastened Cruz”: Ian Millhiser has this essay online at ThinkProgress.
“US Supreme Court chief justice buys 1,560-square-foot home on Maine island”: Stephen Betts has this front page article in today’s edition of The Bangor Daily News.
“The risk that [the plaintiff’s child] would be subject to another such search is no more ‘actual and imminent’ than the Chicago Cubs (or, we fear, the Cleveland Indians) winning the World Series.” So wrote Circuit Judge Jeffrey S. Sutton on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in a decision issued on November 20, 2015.
My post about the ruling, which appeared here that same day, observed that “this bulletin-board material may be just the additional motivation the [Chicago Cubs] need to win it all in 2016.” It appears to have also worked wonders for the Cleveland Indians.
“Longtime reporter says Supreme Court is broken”: Columnist Susan Ladd of The News & Record of Greensboro, North Carolina has an essay that begins, “The U.S. Supreme Court is unlike any other branch of government — which makes covering it a bit like reporting on Oz, said Dahlia Lithwick, senior editor at Slate who writes ‘Supreme Court Dispatches’ and the ‘Jurisprudence’ column.”
“NCGOP says ‘race baiting’ used in NC Supreme Court TV ad”: Colin Campbell of The News & Observer of Raleigh, North Carolina has this report.
“Three cases stymied by a Supreme Court vacancy”: Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.
“Juvenile offenders in legal limbo; Although life sentences without parole banned for youths, 68 state inmates not likely to benefit”: Cara Lombardo has this front page article in today’s edition of The Milwaukee Journal Sentinel.
“Republicans on ballot seek to extend dominance on Ohio Supreme Court”: Randy Ludlow of The Columbus Dispatch has this report.
“The Threat Of A Right-Wing Supreme Court: Analyzing Trump’s Prospective Justices.” Marjorie Cohn has this essay online at The Huffington Post.