“Texas Supreme Court not lacking for input on gay marriage case”: Chuck Lindell of The Austin American-Statesman has an article that begins, “As its judges prepare to hear arguments on efforts to limit the federal ruling allowing gay marriage, the Texas Supreme Court has received a flurry of unsolicited advice from politicians, legal scholars, religious groups and activists.”
The Supreme Court of Texas will hear oral argument in the case tomorrow, and you can view the oral argument live, online via this link once it gets underway. And you can access the briefs and other documents filed in the case via this link.
“Department of Justification: Stephen Bannon and Jeff Sessions, the new attorney general, have long shared a vision for remaking America. Now the nation’s top law-enforcement agency can serve as a tool for enacting it.” Emily Bazelon will have this article in the March 5, 2017 issue of The New York Times Magazine.
“Barring Reporters From Briefings: Does It Cross a Legal Line?” Adam Liptak of The New York Times has this report.
“United States v. Dylann Roof”: Edward Ball has this article, the first of two parts, in the March 9, 2017 issue of The New York Review of Books.
“Judicial originalism as myth”: Law professor Eric J. Segall has this post at Vox.com.
“What Press Freedom Means When You Can Just Press ‘Tweet'”: Law professor Noah Feldman has this essay online today at Bloomberg View.
“New Trump travel order will aim to short circuit legal challenges”: Dan Levine and Mica Rosenberg of Reuters have a report that begins, “In formulating a new executive order limiting travel to the United States, President Donald Trump has promised to make the directive harder to fight successfully in court than the one he issued in January.”
“Justice Ginsburg Planning to Skip Trump’s Speech to Congress”: Greg Stohr of Bloomberg News has this report.
Programming note: This afternoon, I will be out of the office meeting with co-counsel in a pending appeal on which I am working. As a result, additional posts will not appear here until this evening.
As always while I am away from my office, additional appellate-related retweets may appear on this blog’s Twitter feed.
“Trump immigration ban fight could be on two fronts”: Lyle Denniston has this post at the “Constitution Daily” blog of the National Constitution Center.
Online at Slate, Dahlia Lithwick has a jurisprudence essay titled “Schrodinger’s Immigration Ban: The Trump administration’s nonsensical claim that its executive order both does and does not exist.”
And online at The Atlantic, law professor Garrett Epps has an essay titled “Papers, Please: Passengers on a domestic flight deplaning in New York were asked to present ID by Customs and Border Protection agents — a likely unenforceable demand that nevertheless diminishes freedom.”
“Court sides with gun blogger who posted officials’ contact info”: Bob Egelko of The San Francisco Chronicle has an article that begins, “In a victory for gun advocates, a federal judge said Monday that California appears to have violated freedom of speech with a law allowing public officials — including legislators who voted for gun-control laws — to prevent online posting of their addresses and phone numbers.”
And Don Thompson of The Associated Press reports that “Judge blocks California law protecting officials’ privacy.”
“Federal appeals court rejects egg-labeling lawsuit”: The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
“Conviction upheld for Robel Phillipos, friend of Boston Marathon bomber Dzhokhar Tsarnaev”: Milton J. Valencia of The Boston Globe has this report.
And The Associated Press reports that “Boston Marathon bomber’s friend’s sentence upheld.”
My earlier coverage of last Friday’s First Circuit ruling can be accessed here.
“Judge John Kane on Supreme Court Nominee, 10th Circuit Judge Neil Gorsuch”: The “Fault Lines” blog of Mimesis Law has today posted this statement from Senior U.S. District Judge John L. Kane (D. Colo.).
“Federal Appeals Court Will Look At Jackson County’s Prayer Practices”: The Associated Press has a report that begins, “A full federal appeals court will consider whether a Michigan county’s tradition of Christian-only prayers at public meetings violates the U.S. Constitution.”
You can access today’s order of the U.S. Court of Appeals for the Sixth Circuit granting rehearing en banc at this link. My earlier coverage of the now-vacated original divided three-judge panel’s ruling can be accessed here.
“A Constitutional Right to Facebook and Twitter? Supreme Court Weighs In.” Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Law to keep sex offenders off social media may be struck down.”
Brent Kendall of The Wall Street Journal reports that “Justices Skeptical on North Carolina Law Barring Sex Offenders From Social Media; Justice Kagan cites President’s Twitter use in arguing importance of social media; Justice Kennedy says law keeps sex offenders from virtual town square.”
Richard Wolf of USA Today reports that “Supreme Court justices defend social media, even for sex offenders.”
On this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Considers Whether N.C. Law Violates First Amendment.”
And Chris Geidner of BuzzFeed News reports that “Justices Appear Ready To Strike Law Barring Those On Sex Offender Registry From Social Media.”
“After 130 Years, Harvard Law Review Elects a Black Woman President”: Katharine Q. Seelye of The New York Times has this report.
“U.S. appeals court will not put Trump travel ban case on hold”: Dan Levine of Reuters has this report.
Audio recently posted online by the University of Chicago Law School: Via SoundCloud, you can access audio files titled “Chief Justice Robert P. Young, ‘The Common Law’” and “Shon Hopwood, ‘Unnecessary Imprisonment and the Need for Sentencing Reform.’”
“Law School Experts Consider Future of SCOTUS After Gorsuch’s Nomination”: Vivian He of The Chicago Maroon has an article that begins, “On Monday, February 20, professors Geoffrey Stone, Alison LaCroix, and William Baude from the Law School sat down with professor Dennis Hutchinson from the College to discuss the future balance of the Supreme Court under the Trump administration.”
“Democrat: Let’s confirm Gorsuch and Garland at same time.” Seung Min Kim of Politico.com has this report.
“A Moment of Uncertainty for Transgender Rights”: Law professor Jeannie Suk Gersen has this post online today at The New Yorker.
And online at Bloomberg View, law professor Noah Feldman has an essay titled “A Setback for Transgender Rights With a Silver Lining.”
“Bench Brackets Overtime: Confirmation.” Bloomberg BNA has posted online this video featuring Kimberly Robinson and Patrick Gregory.
“Evaluating Speculation that The Ninth Circuit is the Lower Court SCOTUS Overturns the Most”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
“Justices seem sympathetic to immigrant in deportation case”: The Associated Press has this report.
Update: You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Esquivel-Quintana v. Sessions, No. 16-54.
“Court may strike law barring sex offenders from social media”: Mark Sherman of The Associated Press has this report.
Lawrence Hurley of Reuters reports that “U.S. justices skeptical of sex offender social media ban.”
Greg Stohr of Bloomberg News reports that “Social Media Ban for Sex Offenders Questioned at U.S. Supreme Court.”
And Chris Geidner of BuzzFeed News reports that “Justices Appear Ready To Strike Law Barring Those On Sex Offender Registry From Social Media.”
Update: You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Packingham v. North Carolina, No. 15-1194.
“I Did Ruth Bader Ginsburg’s Workout. It Nearly Broke Me. Pumping iron with RBG’s personal trainer is no joke.” Ben Schreckinger has this report at Politico Magazine.
“Gorsuch often sided with employers in workers’ rights cases”: Denise Lavoie and Michael Tarm of The Associated Press have this report.
Help Michelle Olsen’s @AppellateDaily Twitter feed reach 10,000 followers: As of this moment, she is only 17 followers away. You can access and follow that Twitter account via this link.
Update: Threshold achieved as of 9:53 a.m. eastern time today!
“OT2016 #14: ‘Stone Cold, Lead Pipe Lock.'” You can access today’s new episode of the “First Mondays” podcast, featuring Ian Samuel and Dan Epps, via this link.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in three new cases. And the Court called for the views of the Acting Solicitor General in one case.
In addition, the Court summarily affirmed in Independence Institute v. FEC, No. 16-743.
And Justice Stephen G. Breyer issued a dissent from the denial of certiorari in Reed v. Louisiana, No. 16-656.
In early news coverage, The Associated Press reports that “Supreme Court upholds disclosure requirement for issue ads” and “Supreme Court to hear appeal from Georgia death row inmate.”
And Andrew Chung of Reuters reports that “U.S. top court rejects challenge to political ad disclosure rules” and “U.S. top court snubs challenge to death penalty constitutionality.”
“When Politics Becomes Existential”: Today at the “Election Law Blog,” Richard Pildes has a post that begins, “Judge Laurence H. Silberman has been a respected conservative judge for more than 30 years on the D.C. Circuit and has extensive executive branch experience as well.”
“Sanity from the Courts on Gun Control in a Time of Trump”: Adam Gopnik has this post online at The New Yorker.
“Gorsuch Staunchly Opposes ‘Aid in Dying.’ Does It Matter?” Paula Span has this post at “The New Old Age” blog of The New York Times.
“President Trump, conservatives united on U.S. Supreme Court, Neil Gorsuch”: Alex Swoyer of The Washington Times has this report.
