“Trump close to naming nominee for Supreme Court”: Robert Barnes of The Washington Post has this report.
Jess Bravin of The Wall Street Journal reports that “Donald Trump Narrows List of Supreme Court Nominees; List comprises handful of federal appellate judges admired in conservative circles to replace Justice Antonin Scalia.”
Greg Stohr of Bloomberg News reports that “Trump Supreme Court List Said to Be Topped by Hardiman, Gorsuch.”
And at “Above the Law,” David Lat has a post titled “Supreme Court Update: And Then There Were Three Four.”
“Pittsburgh federal judge Thomas Hardiman on Trump’s final list to fill Supreme Court vacancy”: Paula Reed Ward and Tracie Mauriello of The Pittsburgh Post-Gazette have this article, in which I am quoted.
And Chris Mondics and Mari A. Schaefer of The Philadelphia Inquirer report that “Pennsylvania judge reportedly on Trump’s Supreme Court shortlist.”
“Judge certifies class in lawsuit challenging PACER fees”: Josh Gerstein of Politico.com has this blog post.
“SCOTUS Associate Justice Sonia Sotomayor visits ASU; The Associate Justice to the Supreme Court discussed both personal adversities and the role of the court in modern America”: Ryan Cloughley of The State Press, the student newspaper of Arizona State University, has this report.
And Mary Beth Faller of ASU Now reports that “Justice Sonia Sotomayor tells ASU crowd that confirmation process is broken; Supreme Court judge says good high-court nominees would never predict how they would rule ahead of time on a given case.”
“Trump narrows high court search, to name conservative next week”: Lawrence Hurley of Reuters has this report.
“7th Circuit: You can’t sue over personal data unless it’s at risk.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.
“Trump narrows down Supreme Court nominee list to 3”: Mark Sherman and Vivian Salama of The Associated Press have this report.
“Trump’s Supreme Court Choices Come Into Focus”: Adam Liptak of The New York Times has this report.
The other short list: Only one of the three judges on the supposed Trump SCOTUS really short list is also on the list of my 12 favorite federal appellate judge writers.
And the Case Western Reserve University School of Law has posted online a video titled “Of Lions and Bears, Judges and Legislators: Some Reflections on the Legacy of Justice Scalia” featuring Tenth Circuit Judge Neil M. Gorsuch.
“Trump set to make Supreme Court choice this week, several judges on short list”: Bill Mears of FoxNews.com has this report.
“Oral Argument in Lee v. Tam: Justice by Justice.” Erica Goldberg recently had this post at her “In a Crowded Theater” blog.
Her post concludes, “Given the views and concerns of the Justices, I think this case may split 4-4. A split decision would create no Supreme Court precedent but would uphold the decision of the Federal Circuit, which invalidated the disparagement bar as unconstitutional.”
“Trump says he will pick Supreme Court justice next week”: David M Jackson and Richard Wolf of USA Today have this report.
And Eliana Johnson and Shane Goldmacher of Politico.com have an article headlined “Trump’s down to three in Supreme Court search; Trump plans to nominate a replacement for the late Justice Antonin Scalia next week” that begins, “President Donald Trump has narrowed his first Supreme Court nomination down to three finalists with Tenth Circuit judge Neil Gorsuch and Third Circuit judge Thomas Hardiman emerging as the frontrunners while Eleventh Circuit Judge Bill Pryor remains in the running but fading, according to people familiar with the search process.”
“‘Equal Right to the Poor'”: Law professor Richard M. Re has posted on SSRN this article — forthcoming in the University of Chicago Law Review — focusing on the federal judicial oath.
“Big Money’s Other Casualty: Fair Courts — Record spending by secretive outside special interests in state supreme court races poses a stark threat to the impartiality of the nation’s courts.” Dorothy Samuels and Alicia Bannon have this article online at The American Prospect.
“Eight Justices are Enough: A Proposal to Improve the United States Supreme Court.” Law professor Eric Segall has posted this paper on SSRN (via “Legal Theory Blog“).
“Appeals court won’t rehear case on Microsoft data abroad”: Josh Gerstein of Politico.com has a blog post that begins, “A federal appeals court is letting stand a ruling in a closely-watched case holding that Microsoft did not have to comply with a U.S. government demand for data stored overseas.”
You can access today’s order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc by an evenly divided vote, and the opinions concurring in and dissenting from the order, at this link. And yes, Circuit Judge Dennis Jacobs still prefers “in banc” to “en banc.”
The D.C. Circuit begins tackling the difficult issues: Today, the U.S. Court of Appeals for the D.C. Circuit issued a “Notice Regarding ‘Line Standing.’”
The notice provides in full:
Only individuals who actually plan to attend argument will be allowed to line up inside the courthouse for Court of Appeals arguments. “Line standers” will not be permitted.
Who will have standing to challenge the new line standing regulation remains to be determined. The D.C. Circuit also continues to discourage acronyms from attending its oral arguments.
“Will a Tiny, Blind, Subterranean Bug Be the Undoing of the Federal Leviathan?” Today at the blog of the Library of Law and Liberty, Mark Pulliam has a post that begins, “In 1942, deciding the case of Wickard v. Filburn, the U.S. Supreme Court deemed the wheat grown by an Ohio farmer purely for his own use and consumption — not for sale — to ‘exert a substantial effect on interstate commerce.'”
“‘Brexit’ Talks Can’t Start Without Parliament, U.K. Supreme Court Rules”: Katrin Bennhold of The New York Times has this report.
You can access today’s ruling of the Supreme Court of the United Kingdom at this link. And the court has also issued this press summary.
“Conservative Colorado judge emerges as a top contender to fill Scalia’s Supreme Court seat”: David G. Savage of The Los Angeles Times has this report.
And online at SSRN, law professor Leah M. Litman has posted a paper titled “Judge Gorsuch & Johnson Resentencing.”
