“A Bad Man Is Hard to Find”: This Note appeared in the June 2014 issue of the Harvard Law Review.
In a decision that the U.S. Court of Appeals for the Federal Circuit issued last Friday, that court grappled with the bad men provision of the 1868 Treaty establishing the Ute reservation.
“Senate Dems will filibuster Trump’s Supreme Court nominee; It will be only the second time in modern history that the Senate has mounted a filibuster against a nominee”: Burgess Everett of Politico.com has this report.
“Judge Neil Gorsuch — Colorado native and Washington, D.C., veteran”: Andrew Hamm has this post at “SCOTUSblog.”
“SCOTUS Nomination: Three Reasons to Suspect Gorsuch and One Reason to be Skeptical.” Adam Feldman has this post at his “Empirical SCOTUS” blog.
“Durbin not ruling out filibuster of Trump Supreme Court nominee”: Lynn Sweet of The Chicago Sun-Times has this report.
“Inside the Trial of Dylann Roof: The complicated moral calculations that followed a horrific crime.” Jelani Cobb has this article in the February 6, 2017 issue of The New Yorker.
“How Trump’s Nominee Will Alter The Supreme Court”: Oliver Roeder has this post at FiveThirtyEight.
“Early wins against Trump immigration order may not last; Initial court rulings protect travelers caught in limbo, but a full derailing of the president’s directive will be tough”: Josh Gerstein and Seung Min Kim of Politico.com have this report.
“Trump to announce Supreme Court pick on Tuesday”: Richard Wolf and David Jackson of USA Today have an article that begins, “Setting up a high-stakes legal and political battle, President Trump said Monday he will announce his Supreme Court choice in a prime-time address Tuesday night, two days earlier than scheduled.”
Reuters reports that “Trump to announce U.S. Supreme Court nominee on Tuesday.”
And Sophie Tatum and Jeff Zeleny of CNN.com report that “Donald Trump Supreme Court choice announcement coming Tuesday 8 p.m.”
The announcement is formally scheduled for 8 p.m. eastern time on Tuesday. In the recent past, the identity of the nominee has emerged in the hours before the President’s official announcement, so stay tuned!
“Trump’s team gets ready for Supreme Court fight; With a pick expected this week, Trump’s advisers and outside groups are preparing a $10 million campaign to sway Senate Democrats”: Shane Goldmacher of Politico.com has this report.
Mary Clare Jalonick of The Associated Press reports that “Trump’s justice pick to trigger intense pressure on Senate.”
And Jeff Zeleny and Dan Merica of CNN.com report that “Trump set to make his Supreme Court pick as part of a frenetic Week 2.”
“The Judicial Branch Grabs Back: Four female judges were the heroes of the fight against Trump’s executive order.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“The Supreme Court Nomination Fight Might Now Be About Trump’s Ban; President Trump is going to try to change the subject this week by announcing his Supreme Court nominee; But the immigration executive order has fired up a debate about executive authority and the role of the courts”: Chris Geidner of BuzzFeed News has this report.
“Kennedy, not Trump, will determine the Supreme Court’s future”: Ronald A. Klain has this essay online at The Washington Post.
“Trump reportedly could name Supreme Court pick as early as Monday”: FoxNews.com has this report.
Randy Ellis of The Oklahoman reports that “Federal appellate judge with Oklahoma ties among top U.S. Supreme Court candidates.”
Online at The Patriot-News of Harrisburg, Pennsylvania, Tony May has an essay titled “Yinz gonna be a Supreme Court Justice an ‘at? Pittsburgh’s SCOTUS moment may be here.”
And online at Bloomberg View, law professor Noah Feldman has an essay titled “Scalia’s Replacement Won’t Be Quite So Originalist.”
“Can slurs be trademarked? In this case, the Supreme Court should say yes.” The Washington Post has published this editorial.
“Rule of Law 1, Trump’s Immigration Ban 0”: Law professor Noah Feldman has this essay online today at Bloomberg View.
“J.S.G. Boggs, Artist, Dies at 62; He Made Money. Literally.” William Grimes is the author of this obituary, which appears in today’s edition of The New York Times.
Richard Danielson of The Tampa Bay Times reports that “Artist J.S.G. Boggs, known worldwide for his drawings of money, dies in Tampa at 62.”
And Brian O’Neill of The Pittsburgh Post-Gazette has written an obituary headlined “J.S.G. Boggs: Artist who drew money and government attention.”
Lawrence Weschler of The New Yorker had a memorable series of articles about Boggs that you can access here, here, here, and here (subscription required for full access).
“Remembering Roe”: Law professor Geoffrey R. Stone has this blog entry at The Huffington Post.
“Rulings on Trump’s Immigration Order Are First Step on Long Legal Path”: Adam Liptak of The New York Times has this report.
“Mr. President, use a litmus test to choose your Supreme Court nominee”: Law professors Saikrishna Prakash and John Yoo have this op-ed online at The Los Angeles Times.
“Neil Gorsuch naturally equipped for his spot on Trump’s Supreme Court shortlist”: Robert Barnes of The Washington Post has this report.
Kimberly Kindy of The Washington Post has an article headlined “Pryor: Perhaps the most polarizing Supreme Court justice possibility.”
And Sari Horwitz of The Washington Post has an article headlined “Judge Thomas Hardiman has taken an unorthodox road to the federal bench.”
“D.C. Circuit Review — Reviewed: Standing.” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.
“Conservatives feel happy about Trump’s Supreme Court options”: Mark Sherman of The Associated Press has this report. And The AP also has an item headlined “A look at the reported top contenders for the Supreme Court.”
Ariane de Vogue of CNN.com has a report headlined “Thomas Hardiman, the non-Ivy League Supreme Court candidate.”
Audrey Taylor of ABC News has a report headlined “Judge Thomas Hardiman: What You Need to Know About the Possible Supreme Court Nominee.”
Edmund DeMarche of FoxNews.com reports that “McConnell refuses to say whether ‘nuclear option’ in Supreme Court nomination is on table.”
Shane Goldmacher of Politico.com has a blog post titled “Trump says he wants Supreme Court nominee ‘who’s going to get approved.’”
And in commentary, The Wall Street Journal has an editorial titled “Trump’s Supreme Choices: William Pryor doesn’t deserve the attacks from some on the right.” The editorial concludes:
Mr. Trump could always surprise everybody by choosing someone else, or even someone off the list like the distinguished Sixth Circuit Judge Jeff Sutton. Most important is to choose a nominee with a long enough record of writing and judging so Mr. Trump’s supporters can be confident he or she will be another Scalia or Justice Thomas, not another David Souter.
“McConnell warns Trump to back off on killing filibuster; In a POLITICO interview, the Senate leader mocked his counterpart, Chuck Schumer, ahead of a Supreme Court showdown”: Burgess Everett and Seung Min Kim of Politico.com have this report.
“Pryor being hit from left and right in Supreme Court bid”: Bill Rankin of The Atlanta Journal-Constitution has this report.
“Trump Faces Criticism Over Prospect of Enhanced Interrogation Techniques; President leaves open the possibility of using techniques once banned as torture”: Carol E. Lee, Jess Bravin, and Shane Harris of The Wall Street Journal have this report.
“How conservative judges unintentionally sabotaged President Trump’s immigration crackdown”: Shikha Dalmia has this essay online at The Week.
“Court of Appeals Mourns Passing of Retired Judge William A. Norris”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release today.
“Supreme Court denies Wallace Hall’s bid for UT records”: Chuck Lindell of The Austin American-Statesman has an article that begins, “University of Texas System Regent Wallace Hall Jr. is not entitled to confidential records of an investigation into UT admissions, the Texas Supreme Court ruled Friday.”
Madlin Mekelburg of The Dallas Morning News reports that “Texas Supreme Court rules against UT System Regent Wallace Hall in records fight.”
Nicole Cobler of The Houston Chronicle reports that “State Supreme Court rules against Wallace Hall in records suit.”
Matthew Watkins of The Texas Tribune reports that “Texas Supreme Court rules against UT Regent Wallace Hall in records case; The quest by University of Texas System Regent Wallace Hall to win access to confidential student records is over; The Texas Supreme Court ruled Friday that Hall had no standing to sue the chancellor of the system he oversees.”
And Anusha Lalani of The Daily Texan reports that “Texas Supreme Court rules against UT System Regent Wallace Hall.”
Today’s ruling of the Supreme Court of Texas consists of the opinion of the court and four concurring opinions (here, here, here, and here).
“Trump backs Senate rules change for vote on high court pick”: David Jackson and Richard Wolf of USA Today have this report.
“Trump would do well to consider Neil Gorsuch for Supreme Court”: The Denver Post has an editorial that begins, “President Donald Trump is on the verge of making his most enduring appointment to date and we are encouraged by one of the names on his list to replace former Supreme Court Justice Antonin Scalia.”
“Thomas Hardiman, under consideration for Supreme Court, is a champion of gun rights”: David G. Savage of The Los Angeles Times has this report.
“Bureaucrats May Be The Losers If Gorsuch Wins A Seat On Supreme Court”: Daniel Fisher has this post at Forbes.com.
“Arkansas governor signs bill restricting common procedure for second-trimester abortions”: John Moritz has this front page article in today’s edition of The Arkansas Democrat-Gazette.
“Bend It, Don’t End It: Resistance to Anti-Trump Cliches Is Futile; In the face of an atavistic opponent, can the left make the moral universe great again?” Christopher J. Scalia has this essay online at The Wall Street Journal.