Access online today’s Order List of the U.S. Supreme Court: At this link. The Court today did not grant review in any new cases.
Justice Sonia Sotomayor issued a dissent, in which Justice Ruth Bader Ginsburg joined, from the denial of certiorari in Elmore v. Holbrook, No 15-7848.
“As time runs out, dozens of judge nominees waiting on Senate”: The Associated Press has this report.
“Fifth Circuit rules on whether scanning the magnetic stripe on a card is a search”: Orin Kerr has this post today at “The Volokh Conspiracy.”
“And Now a Word From the White House: Merrick Garland has been waiting seven months for a Senate hearing, but the president’s advisers say Obama has no regrets about the nomination.” The new installment of Slate’s “Amicus” podcast featuring Dahlia Lithwick can be accessed here.
“The story behind FSU professor’s slaying detailed in new evidence”: Rebeca Piccardo had this article in yesterday’s edition of The South Florida Sun Sentinel.
“Pro-life pregnancy centers must make abortion referrals, 9th Circuit rules”: Bradford Richardson of The Washington Times has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued on Friday.
“Divided Government is Great so Why not for SCOTUS”: Eric Segall has this post today at “Dorf on Law.”
“Paul Scalia, son of late Supreme Court Justice, speaks at Red Mass for Tampa judges”: Dan Sullivan of The Tampa Bay Times has this report.
“How not to pick a Supreme Court justice”: This editorial will appear in Sunday’s edition of The Washington Post.
“Vote ‘no’ on misleading ballot question raising judges’ retirement age”: This editorial appeared in Wednesday’s edition of The Philadelphia Inquirer.
And Wednesday’s edition of The Philadelphia Daily News contained an editorial titled “Vote ‘No’ on question to raise judges’ retirement age.”
“Wild Horses Couldn’t Drag the Government to Act”: Law professor Noah Feldman has this essay online today at Bloomberg View.
“Ginsburg: Sorry for criticizing Kaepernick anthem protest.” Mark Sherman of The Associated Press has this report.
“Now a jury must unanimously agree on the death penalty in Florida, Supreme Court rules”: Mary Ellen Klas of The Miami Herald has this report.
Rene Stutzman of The Orlando Sentinel has an article headlined “Florida Supreme Court: Florida’s current death penalty is unconstitutional.”
Arek Sarkissian of The Naples Daily News reports that “Florida court: Jury must unanimously agree on death penalty.”
Mark Berman of The Washington Post reports that “Florida Supreme Court says state’s new death penalty law is unconstitutional.”
The Associated Press has a report headlined “Florida court: Jury must unanimously agree on death penalty.”
Cristian Farias of The Huffington Post reports that “Florida’s Death Penalty Law Is Ruled Unconstitutional — Again; The state’s supreme court ruled that a jury must be unanimous when imposing a death sentence.”
And Chris Geidner of BuzzFeed News reports that “Florida’s New Death Sentencing Law Is Unconstitutional, State High Court Rules; Florida Supreme Court rules that the recently passed law is unconstitutional because it allows a non-unanimous decision of the jury — here, 10 of 12 jurors — to impose a death sentence.”
The Supreme Court of Florida issued related rulings today in two separate death penalty appeals, and you can access the rulings here and here.
“Taking down Taney: Process for removing controversial bust clears final hurdle.” Nancy Lavin has this front page article in today’s edition of The Frederick (Md.) News-Post.
And The Associated Press reports that “Maryland city cleared to remove statue linked to slavery.”
“A Streamlined Test to Determine Insider Trading”: Stephen Fishbein has this post today at the “DealBook” blog of The New York Times.
“Why the Supreme Court Matters More to Republicans than Trump: Conservative justices might be the party’s final bulwark against a changing electoral landscape.” Russell Berman of The Atlantic has this report today.
“Race bias in the jury room: what’s the solution?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.
“Do Counterterrorism Lawsuits Stand a Chance in Court? A group of non-citizens detained after the 9/11 terrorist attacks claim officials violated their constitutional rights, but the result in the case isn’t likely to be in their favor.” Law professor Garrett Epps has this essay online today at The Atlantic.
“SCOTUS: The Dangerous Empty Seat; ‘The future of the Supreme Court is at stake on Nov. 8.'” Donald Verrilli has this essay online at Time magazine.
In addition, law professor Laurence Tribe has an essay titled “The SCOTUS Vote: Our decisions could reverberate for decades.”
And Nan Aron has an essay titled “Vote on Federal Courts: ‘The next president will set the character and caliber of scores of appointees.’”
“Breaking Down Arguments in Samsung v. Apple”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
“Mike Lee explains why the GOP will block Garland even if Clinton wins”: James Hohmann of The Washington Post has this report.
“An independent U.S. agency’s independence gets it into trouble”: Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.
And at “The Volokh Conspiracy,” Stuart Benjamin has a post titled “D.C. Circuit buries Supreme Court precedent.”
“Paterson council rejects $1.6M deal in US Supreme Court case on campaign sign”: Joe Malinconico has this front page article in today’s edition of The Record of Hackensack, New Jersey.
“The Supreme Court Debates Juror Bias: And Samuel Alito complains about oversensitive PC college students.” Mark Joseph Stern has this Supreme Court dispatch online at Slate.
“Two years later, few Hobby Lobby copycats emerge”: Jennifer Haberkorn of Politico.com has this report.
“In major decision, 10th Circuit rules Wyoming can’t force BLM to remove wild horses”: Arno Rosenfeld of The Caspar Star Tribune has this report.
And Tom McGhee of The Denver Post reports that “Federal appeals court in Denver dismisses lawsuit calling for wild horse roundup in Wyoming; Wyoming sued the BLM, saying it failed to keep wild horses within certain range land.”
You can access Tuesday’s ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Immigrants categorized as “habitual drunkards” may have rejoiced too soon, as the Ninth Circuit yesterday granted rehearing en banc, vacating recent panel victory: You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.
My earlier coverage of the original divided three-judge Ninth Circuit panel’s ruling in the case can be accessed here.
“New hope for undocumented immigrants: DAPA might not be dead — a bold legal strategy could protect millions from deportation; A series of legal end runs may succeed in restoring Obama’s protections for millions of undocumented immigrants.” Daniel Denvir of Salon.com has this report.
Eighth Circuit panel reverses course, ordering that Missouri Department of Corrections need not reveal information regarding use of pentobarbital in executions, including the identity of its anonymous supplier: You can access today’s per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Update: In early news coverage, The Associated Press reports that “Court reversal shields Missouri’s execution drug provider.”
“Death sentence overturned for Cleveland man convicted in 1985 murder”: Eric Heisig has this front page article in today’s edition of The Cleveland Plain Dealer.
And The Associated Press reports that “Appeals court overturns death sentence in 1985 Ohio slaying.”
You can access yesterday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Duke Law School’s Appellate Litigation Clinic wins Third Circuit RFRA appeal on behalf of federal prison inmate: You can access Tuesday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Duke Law previously issued a news release about the case titled “Taylor ’16 argues federal appeal in Third Circuit.”
“Abbott and Costello Heirs Lose Appeal Over Broadway Play’s Use of ‘Who’s on First’ Routine; ‘Hand of God’ producers beat lawsuit — not because of fair use, but because the heirs haven’t demonstrated ownership of a valid copyright”: 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 on Tuesday.
“Supreme Court deals blow to out-of-state companies on taxes”: Bob Egelko of The San Francisco Chronicle has this report.
“The D.C. Circuit’s gratuitous ruling on CFPB constitutionality”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Clinton’s vow to push Supreme Court left galvanizes conservatives wary of Trump”: S.A. Miller of The Washington Times has this report.