“Will Asian American band’s First Amendment argument resonate with Supreme Court?” Robert Barnes has this front page article in today’s edition of The Washington Post.
And Sam Hananel of The Associated Press has a report headlined “Free speech clash: Justices considering offensive trademarks.”
“In Texas, a Test of Whether the Voting Rights Act Still Has Teeth”: Manny Fernandez has this article in today’s edition of The New York Times.
“Age Is Just a Number. Age Discrimination Is Trickier.” Law professor Noah Feldman has this essay online today at Bloomberg View.
Talk about Supreme Court vacancies: Press Trust of India reports that “Eight judges short, Supreme Court has 60,938 cases pending.”
“How Cruz and Trump learned to like each other: Ted Cruz was once one of Donald Trump’s most vocal critics; Now he’s one of the president-elect’s most important Senate allies.” Eliana Johnson of Politico.com has this report.
“From South Dakota to the Supreme Court”: Jonathan Ellis of The Argus Leader of Sioux Falls, South Dakota has this profile of Jim Ligtenberg.
“Supreme Court Update: President-Elect Trump Has Started Interviewing SCOTUS Candidates.” David Lat has this post today at “Above the Law.”
“Pro-Life Republicans, Stronger Now Than Ever”: Ramesh Ponnuru has this essay online at Bloomberg View.
“The untold story of how Antonin Scalia’s ‘gift to Canada’ shaped our spy services; As Donald Trump mulls a Supreme Court successor to the conservative firebrand judge, Sean Fine examines how a young, decidedly evenhanded Scalia helped the Canadian government in the 1970s to get a grip on domestic spy agencies that had begun to spin out of control”: Sean Fine has this article in today’s edition of The Toronto Globe and Mail.
“The Latest In The Solicitor General Sweepstakes”: David Lat has this post at “Above the Law.”
In Bashman news from Queens: QNS.com has a report headlined “Thieves in Flushing bash man with crowbar, steal bag containing $15,000 in cash: cops.”
“Justices Will Hear Challenges to Mandatory Employee Arbitration”: Adam Liptak has this article in today’s edition of The New York Times.
In today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court to examine workers’ rights to file class-action suits.”
Brent Kendall and Jess Bravin of The Wall Street Journal report that “Supreme Court to Decide Whether Employers Can Prohibit Groups of Workers From Suing; Justices also take up case on time limits for the SEC to require firms, individuals to ‘disgorge’ ill-gotten gains.” And Kendall also reports that “Supreme Court to Weigh How Soon Firms Can Sell Copycat Biotech Drugs; High court to referee dispute between Novartis, Amgen over biosimilar.”
Bob Egelko of The San Francisco Chronicle reports that “Supreme Court to consider CalPERS case against Lehman Bros.”
Bob McGovern and Jordan Graham of The Boston Herald report that “Supreme Court takes Mass. case on open court.”
Greg Stohr of Bloomberg News reports that “SEC’s Power to Recoup Illegal Profits Draws High Court Scrutiny” and “Lehman Case Gets Review as Top Court Considers Suit Deadlines.” And Susan Decker of Bloomberg News reports that “Amgen Fight Over Copies of Biotech Drugs Gets High Court Review.”
Cristian Farias of The Huffington Post reports that “Supreme Court To Consider Lifting Class-Action Bar For Millions Of Workers; Existing federal labor law could free employees who now can’t band together to sue their bosses.”
And Jolie McCullough of The Texas Tribune reports that “Supreme Court to review Texas death penalty case; The U.S. Supreme Court said Friday it would review the legal complexities in a Texas death penalty case, where a man killed a 5-year-old and her grandmother.”
“Supreme Court takes up suit over 2001 detention of Muslims”: Mark Sherman of The Associated Press has this report.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review today in 13 new cases.
In early news coverage, The Associated Press reports that “Justices will weigh limits on worker rights to sue employers“; “Supreme Court to rule in immigrant’s revoked US citizenship“; and “Justices will hear venture capitalist’s appeal over SEC fine.”
And Reuters reports that “Supreme Court to consider employee class action agreements“; “U.S. Supreme Court to weigh securities class action timing question“; “U.S. top court to weigh if SEC faces illegal profit-recovery deadline“; “U.S. top court to hear BNSF Railway out-of-state injury suit appeal“; “Supreme Court to mull where challenges to federal clean water rule can be heard“; “U.S. Supreme Court agrees to hear dispute over biologic drug sales“; and “U.S. Supreme Court to hear debt collection dispute.”
“Potential nominee profile: Neil Gorsuch.” Eric Citron has this post today at “SCOTUSblog.”
“Ohio seeks drug reversing lethal injection process if needed”: Andrew Welsh-Huggins of The Associated Press has this report.
“Time for Some Negotiation Theory: How the Democrats can play hardball with Trump’s Supreme Court nominee.” Dahlia Lithwick has this jurisprudence essay online at Slate.
Access the audio of this week’s U.S. Supreme Court oral arguments: Via this link.
“Third Circuit will start posting oral argument video, but only for selected cases”: Matthew Stiegler has this post today at his “CA3blog.”
And today, the U.S. Court of Appeals for the Third Circuit issued a news release titled “U.S. Court of Appeals for the Third Circuit to Make Oral Argument Videos Available to the Public.”
My earlier coverage of today’s Third Circuit news can be accessed here.
“A Deep Drive Into The Department Of Justice Transition”: David Lat has this post today at “Above the Law.”
“U.S. VP-elect Pence to be sworn in by conservative Justice Thomas”: Lawrence Hurley of Reuters has this report. Meanwhile, the Justice’s lesser-known alter-ego liberal Justice Thomas will be out protesting the entire inauguration ceremony.
Third Circuit to begin posting videos of some oral arguments online: The U.S. Court of Appeals for the Third Circuit issued this order today adding IOP 2.6 to that Court’s Internal Operating Procedures.
Unlike the Ninth Circuit, which now posts video footage of essentially all of that Court’s oral arguments on YouTube, the Third Circuit has decided to determine whether video of an oral argument will be posted online on a case-by-case basis, which would seem to add unnecessarily to each oral argument panel’s workload. And, unlike the Ninth Circuit, which has for quite some time live-streamed oral argument video on YouTube, we will have to wait and see how soon after oral arguments the Third Circuit will be placing online the oral argument videos selected for posting.
I anticipate that the Third Circuit will someday move to the Ninth Circuit’s approach of posting videos of essentially all oral arguments online. Here’s hoping that day arrives sooner rather than later.
“The Supreme Court Saved Obama’s Legacy; His Legacy Changed The Court; The law and the politics of justice will never be the same”: Cristian Farias of The Huffington Post has this report.
“The Supreme Court, the Trump Transition, and the Future of the Constitutional ‘Border'”: Steve Vladeck has this post today at “Just Security.”
“Donald Trump’s other Supreme Court decision”: Ariane de Vogue of CNN.com has an article that begins, “It’s the most coveted legal post in Washington, but few people outside of the Beltway know it even exists. And now the plum job — that of solicitor general — is up for grabs.”
“Trump’s second Supreme Court pick could be the real drama”: Joan Biskupic of CNN.com has this report.
“Potential nominee profile: Raymond Gruender.” Edith Roberts has this post today at “SCOTUSblog.”
“San Diego concealed weapons case appealed to U.S. Supreme Court”: Kristina Davis of The San Diego Union-Tribune has an article that begins, “The U.S. Supreme Court is being asked to decide whether law-abiding citizens need to provide law enforcement with a specific reason to be able to legally carry a concealed weapon for self-defense.”
“Special education: The Supreme Court considers what states owe to disabled students.” Steven Mazie has this post today at the “Democracy in America” blog of The Economist.
“Lawsuit charging Apple with iPhone app monopoly gets go-ahead”: Bob Egelko of The San Francisco Chronicle has this report.
Stephen Nellis and Dan Levine of Reuters report that “U.S. appeals court revives antitrust lawsuit against Apple.”
Kartikay Mehrotra of Bloomberg News reports that “Apple Must Face Consumer Lawsuit Over iPhone Apps Monopoly.”
And Stephanie Condon of ZDNet reports that “US appeals court reopens lawsuit against Apple for alleged App Store monopoly; The 9th US Circuit Court of Appeals ruled that a group of iPhone owners may proceed with their class action suit, alleging anti-competitive behavior.”
My earlier coverage of today’s Ninth Circuit ruling appears at this link.
“I See Your Immunity Doctrine And Raise You Another”: Kimberly S. Robinson of Bloomberg BNA has this report.
“Eli Lilly defeats Teva appeal over Alimta cancer drug”: Jonathan Stempel and Bill Berkrot of Reuters have this report on a ruling that the U.S. Court of Appeals for the Federal Circuit issued today.
“Because Apple is a distributor, Plaintiffs have standing under Illinois Brick to sue Apple for allegedly monopolizing and attempting to monopolize the sale of iPhone apps.” So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a decision issued today.
“SCOTUS Struggles With Duty Owed to Disabled Students”: Kimberly S. Robinson of Bloomberg BNA has this report.
“Trump SCOTUS Short-Lister Gruender: Five Things to Know.” Patrick Gregory and Kimberly S. Robinson of Bloomberg BNA have this report.