“U.S. justices sympathetic to death row inmate on intellectual disability”: Lawrence Hurley of Reuters has this report.
Mark Sherman of The Associated Press reports that “Supreme Court seems to favor Texas death row inmate.”
And Jordan Rudner of The Dallas Morning News reports that “Texas’ use of outdated standard for mental disability in executions draws Supreme Court scrutiny.”
“Study Seeks To Measure ‘Scalia-Ness’ Of Donald Trump’s Supreme Court Picks; It’s not a perfect science, but it adds substance to the president-elect’s ‘definitive’ list of candidates”: Cristian Farias of The Huffington Post has this report on a paper titled “Searching for Justice Scalia: Measuring the ‘Scalia-ness’ of the Next Potential Member of the U.S. Supreme Court” posted last Wednesday at SSRN.
“The Trouble With Trump SCOTUS Contender William H. Pryor: There are reasons to worry about the 11th Circuit judge on Trump’s Supreme Court shortlist.” Damon Root has this post today at Reason.com’s “Hit & Run” blog.
The criminal defendant who the U.S. government is incapable of identifying: The U.S. Court of Appeals for the Ninth Circuit today issued a decision in an appeal captioned United States v. John Doe.
Footnote one of the opinion states: “To the date of this writing the Defendant, who has refused to provide his name, has not been affirmatively identified and is referred to as ‘John Doe.'”
“The surprising implications of the Microsoft/Ireland warrant case”: Orin Kerr has this post today at “The Volokh Conspiracy.”
In the December 2016 issue of ABA Journal magazine: Mark Walsh has an article headlined “Supreme Court considers challenges to racial gerrymandering.”
David L. Hudson Jr. has an article headlined “How far can criticism of judges go under ethics rules?”
The issue’s cover story consists of the “10th Annual Blawg 100.”
Stephen Rynkiewicz has a related article headlined “What bloggers told us about the state of the legal blogosphere.”
And the new installment of Bryan A. Garner’s “On Words” column is headlined “How to bring a more conversational style to your writing.”
“Supreme Court says OK to second bribery trial in Puerto Rico”: The Associated Press has this report.
And Lawrence Hurley of Reuters reports that “U.S. justices rule against Puerto Rican politician in bribe case.”
“Trump Sets Private Prisons Free: The incarceration industry was having a tough time; Then Trump got elected.” James Surowiecki has this article in the December 5, 2016 issue of The New Yorker.
Access today’s opinion in an argued case of the U.S. Supreme Court: Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Bravo-Fernandez v. United States, No. 15-537. Justice Clarence Thomas issued a concurring opinion. You can access the oral argument via this link.
“The controversial legal theory that could get Trump sued: A doctrine embraced by president-elect’s anti-immigration backers could be key to challenging his business conflicts.” Josh Gerstein of Politico.com has this report.
“Houston murder takes center stage at U.S. Supreme Court”: Dane Schiller has this front page article in today’s edition of The Houston Chronicle.
Jolie McCullough of The Texas Tribune reports that “U.S. Supreme Court to hear Texas death penalty case on intellectual disability; On Tuesday, the U.S. Supreme Court will hear arguments regarding intellectual disability and executions in Moore v. Texas.”
Ryan Poppe of Texas Public Radio reports that “Supreme Court To Hear Texas Case Challenging Texas Death Row Standards.”
And online at The Atlantic, law professor Garrett Epps has an essay titled “The ‘Of Mice and Men’ Rule for Texas Executions: The Supreme Court will consider whether Texas’s outdated standard on intellectual disability and executions violates the constitutional prohibition on cruel and unusual punishment.”
“NC court officials refuse to explain what’s behind Supreme Court rule change”: Anne Blythe of The News & Observer of Raleigh, North Carolina has an article that begins, “A new rule that allows the N.C. Supreme Court to call back retired justices to serve on a case-by-case basis to avoid potential deadlocks has flummoxed the legal community since it was put in place on Election Day.”
“Gov. Doug Ducey appoints two Arizona Supreme Court justices”: Michael Kiefer and Yvonne Wingett Sanchez of The Arizona Republic have this report.
And Howard Fischer of The Arizona Capitol Times reports that “Ducey selects Lopez, Gould as new Supreme Court justices.”
“Micro-Symposium: Richard Posner’s ‘What is Obviously Wrong with the Federal Judiciary.'” The Green Bag has today posted this collection of short essays online at SSRN.
“Grand jurors weighing Magbanua’s connection to Markel murder”: Karl Etters of The Tallahassee Democrat has this report.
“Donald Trump Faces Obstacles to Resuming Waterboarding”: Matt Apuzzo and James Risen of The New York Times have this report.
“Ask the author: Adler and others on ‘Business and the Roberts Court.'” Ronald Collins has this post today at “SCOTUSblog.”
“7th Circuit can make civil rights history for gay and lesbian employees”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.
“Judicial Nominations: The Constitution Project held a discussion on Senate Republicans’ successful efforts to block President Obama’s Supreme Court nominee D.C. Circuit Court Judge Merrick Garland.” C-SPAN has posted the video of this recent event at this link.
“Supreme Court Agenda in the Trump Era? A Justice Seems to Supply One.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
“Stop Proposition 8, and marriage inequality in California, from making a comeback”: Law professor Brian Soucek has this essay online at The Los Angeles Times.
Access the contents of the November 2016 issue of The Yale Law Journal: Via this link.
Therein, law professors Aziz Z. Huq and Jon D. Michaels have an article titled “The Cycles of Separation-of-Powers Jurisprudence.”
Grace E. Hart has a note titled “State Legislative Drafting Manuals and Statutory Interpretation.”
And law professor Eric A. Posner has a review of Justice Stephen G. Breyer’s book, “The Court and the World: American Law and the New Global Realities.”
Access the transcript of today’s U.S. Supreme Court oral argument in Beckles v. United States, No. 15-8544: At this link.
“OT 2016 #6: ‘Live By The Sword, Die By The Sword.'” You can access the newly posted sixth episode of the “First Mondays” podcast, featuring Ian Samuel, Dan Epps, and special guest Leah Litman, via this link.
“Lawsuit Aims to Hold 2 Contractors Accountable for C.I.A. Torture”: Sheri Fink and James Risen have this article in today’s edition of The New York Times.
“The Republican Assault On The Integrity Of The Supreme Court”: Law professor Geoffrey R. Stone has this essay online at The Huffington Post.
“The Attorney Fighting Revenge Porn: Carrie Goldberg is a pioneer in the field of sexual privacy, using the law to defend victims of hacking, leaking, and other online assaults.” Margaret Talbot has this “Annals of Law” article in the December 5, 2016 issue of The New Yorker.
“Taliban fighter case stirs question on law of armed conflict”: Eric Tucker of The Associated Press has this preview of a case scheduled to be orally argued on December 9, 2016 in the U.S. Court of Appeals for the Fourth Circuit.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in no new cases but called for the views of the Solicitor General’s office in one case.
In early news coverage, The Associated Press reports that “Supreme Court rejects church’s appeal over marijuana laws” and “Justices reject appeal of Ponzi scheme conviction.”
And Lawrence Hurley of Reuters reports that “Supreme Court rejects financier Stanford’s Ponzi scheme appeal.”
“Opportunity for Justices on Partisan Gerrymandering”: Kenneth Jost has this post today at his blog, “Jost on Justice.”
“Supreme Court to hear two ‘landmark’ indigenous rights cases”: The Canadian Press has this report.
“Lawyer who argued for landmark SCOTUS privacy decision says Trump ‘is a moron’; Pivotal judge in 1967 Katz case says privacy will be a ‘tough ride’ from here”: Cyrus Farivar of Ars Technica has this report.
“California considers ban on sex between lawyers and clients”: Sudhin Thanawala of The Associated Press has a report that begins, “The nation’s largest state bar association is overhauling ethics rules for attorneys for the first time in 30 years, and some lawyers are unhappy about a proposal that would open them up to discipline for having sex with clients.”
“Death penalty, the mentally disabled at issue for justices”: The Associated Press has this report.
“Supreme Court vacancy dominates talk at national lawyers convention”: Robert Barnes has this article in today’s edition of The Washington Post.