“A Robbery Based on a Movie? Yes, the Jury Can See Clips.” Benjamin Weiser has this article in today’s edition of The New York Times.
And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Appeals Court: Ben Affleck’s ‘The Town’ Didn’t Prejudice Bank Robbery Trial.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“Pension funds to SCOTUS: Save our class action opt-out rights.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Mitch McConnell Is Glad He Played Politics With The Supreme Court; ‘As you know, I played arguably the single biggest role in having the vacancy there,’ McConnell said, adding that having an open Supreme Court spot helped Republicans win the White House”: Emma Loop of BuzzFeed News has this report.
“DOJ turns over documents pertaining to Gorsuch’s Bush tenure”: Ariane de Vogue of CNN.com has this report.
“Werdegar retirement gives Jerry Brown chance to further mold California Supreme Court”: Christopher Cadelago of The Sacramento Bee has this report.
“Law School to Accept GRE for Applications in Fall 2017”: Jamie D. Halper of The Harvard Crimson has this report.
Elizabeth Olson of The New York Times reports that “Harvard Law, Moving to Diversify Applicant Pool, Will Accept GRE Scores.”
And Jacob Gershman of The Wall Street Journal reports that “Harvard Law School to Allow Applicants to Take GRE; Administration officials to decide later if LSAT will become permanently optional.”
“Justice Kennedy Gets Real About Racial Bias”: Law professor Noah Feldman has this essay online at Bloomberg View.
“Resolved: U.S. Supreme Court Justices Should Be Subject to Term Limits.” The National Constitution Center has posted on YouTube at this link the video of this debate from yesterday.
“1st Circuit 3-judge panel hears appeal over Touro Synagogue ruling; Lawyers for New York and Newport congregations argued before a 3-judge panel of the 1st U.S. Circuit Court of Appeals, in Boston, over a District Court decision awarding the nation’s oldest synagogue to Newport-based Jeshuat Israel”: Katie Mulvaney of The Providence (R.I.) Journal has this report.
And Michelle R. Smith of The Associated Press reports that “Fight over control of oldest US synagogue at appeals court.”
You can access via this link (19.4 MB mp3 audio file) the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the First Circuit.
“Noel Francisco to inherit Supreme Court lectern”: Richard Wolf of USA Today has this report.
And Robert Barnes of The Washington Post reports that “Trump nominates D.C. lawyer Noel Francisco as solicitor general.”
“What Kind of Judge is Neil Gorsuch? A Closer Look at His Cases.” The Heritage Foundation has posted on YouTube at this link the video of this panel discussion from yesterday.
“[W]e should quarantine King [v. Burwell] and its potentially dangerous shapeshifting nature to the specific facts of that case to avoid jurisprudential disruption on a cellular level.” So writes Circuit Judge John B. Owens in a one-paragraph dissent from a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
“Taking Care of Business”: Adam Feldman has this post today at his “Empirical SCOTUS” blog.
“The Decline of Supreme Court Deference to the President”: Law professors Lee Epstein and Eric A. Posner have posted this paper on SSRN.
“Activists Urge Democrats to Step Up Resistance to Gorsuch Nomination”: Carl Hulse of The New York Times has this new installment of his “On Washington” column.
“Trump announces Noel Francisco as solicitor general pick”: Ariane de Vogue and Dan Merica of CNN.com have this report.
“Gorsuch: A high court pick whose writing is down to earth.” Mark Sherman of The Associated Press has this report.
“Back in court, ‘Chip’ Fattah seeks to overturn his conviction”: In today’s edition of The Philadelphia Inquirer, Jeremy Roebuck has a front page article that begins, “Dressed in handcuffs and an olive prison jumpsuit, Chaka ‘Chip’ Fattah Jr. returned to Philadelphia on Tuesday to urge a federal appeals court to overturn his 2015 conviction on bank and tax fraud charges.”
You can access via this link (23.0 MB mp3 audio file) the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit.
“Trump administration drops appeal over first travel ban; Move leaves 9th Circuit ruling as precedent, at least for now”: Josh Gerstein of Politico.com has this report.
“And The Nominee For Solicitor General Is….” David Lat had this post yesterday at “Above the Law.”
“The Lottery Docket”: Law professors Daniel Epps and William Ortman have posted this article on SSRN.
“Jury Secrecy Doesn’t Apply if Bias Taints Deliberations, Justices Rule”: Adam Liptak has this article in today’s edition of The New York Times.
In today’s edition of The Washington Post, Robert Barnes reports that “Racial bias in the jury room can violate a defendant’s right to a fair trial, Supreme Court says.”
And Jess Bravin of The Wall Street Journal reports that “Supreme Court Says Jury Secrecy Not Guaranteed If Racial Bias Exists; Case involved Colorado juror who made biased statements about Mexican defendant.”
“Supreme Court Won’t Hear Major Case on Transgender Rights”: Adam Liptak has this front page article in today’s edition of The New York Times.
In today’s edition of The Washington Post, Robert Barnes has a front page article headlined “Supreme Court sends Virginia transgender case back to lower court.”
And Jess Bravin of The Wall Street Journal reports that “Supreme Court Tells Lower Court to Reconsider Transgender Bathroom Case in Light of Trump Move; Previous court decision deferred to Obama interpretation of antidiscrimination law, which Trump rescinded.”
“Family of late Justice Scalia donating papers to Harvard Law School”: Maddie Kilgannon of The Boston Globe has this report.
And Harvard Law Today reports that “Scalia family donates late justice’s papers to Harvard Law School Library.”
“The Future of the Affordable Care Act”: The National Constitution Center has posted on YouTube at this link the video of the program I had the pleasure of attending earlier this evening, featuring law professors Josh Blackman and Abbe R. Gluck, moderated by law professor Michael J. Gerhardt.
“Will the new travel ban be blocked by the courts?” Eric Posner has this blog post today.
And online at Slate, Dahlia Lithwick has a jurisprudence essay titled “The Bogus Logic of Trump’s New Travel Ban; The administration’s new executive order is full of dubious evidence and sketchy claims.”
Programming note — Borrowing a page from Josh Blackman‘s playbook: This afternoon, I will be visiting the University of Pennsylvania Law School. And tomorrow, I will be spending the early part of the afternoon at the NYU School of Law. After my visit last Friday to the University of Chicago Law School, it may appear that I am trying to emulate my friend Josh Blackman, who frequently maintains an ambitious law school visitation schedule. Thankfully, after Tuesday everything returns back to normal for me.
Speaking of Josh, he will be in Philadelphia later today to participate in an event at the National Constitution Center, enabling me to grab an early dinner with him and then to see him in action. In connection with that event, in yesterday’s edition of The Philadelphia Inquirer, Josh had an essay titled “Obamacare is unlikely to survive even if it is repaired.” Also in yesterday’s Inquirer, law professor Abbe R. Gluck — who will be participating with Josh in this evening’s Constitution Center program — had an essay titled “GOP’s legal and political sabotage crippled Obamacare.”
As a result of my absence from the office this afternoon and early evening, additional posts will appear here tonight.
“States Ease Restrictions on Voting by Felons; Florida proposal to lift its lifetime ban would add to a nationwide trend”: Beth Reinhard of The Wall Street Journal has this report.
Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in two argued cases today.
1. Justice Clarence Thomas delivered the opinion of the Court in Beckles v. United States, No. 15-8544. Justice Anthony M. Kennedy issued a concurring opinion. Justices Ruth Bader Ginsburg and Sonia Sotomayor issued opinions concurring in the judgment. And Justice Elena Kagan did not participate in the ruling. You can access the oral argument via this link.
2. And Justice Kennedy delivered the opinion of the Court in Pena-Rodriguez v. Colorado, No. 15-606. Justice Thomas issued a dissenting opinion. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justice Thomas joined. You can access the oral argument via this link.
In early news coverage, The Associated Press reports that “Supreme Court sides with defendant claiming jury race bias” and “Justices decline to extend ruling on repeat offenders.”
“Newsmakers with Nan Aron: Nan Aron talked about Neil Gorsuch’s nomination to the Supreme Court, Democratic strategy for the Senate hearings during his confirmation hearings.” C-SPAN has posted this video online.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court called for the views of the Acting Solicitor General in one case.
In Gloucester County Sch. Bd. v. G.G., No. 16-273, the Court issued the following summary disposition:
The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017.
The Court issued a per curiam ruling in Rippo v. Baker, No. 16-6316.
In Leonard v. Texas, No. 16-122, Justice Clarence Thomas issued a statement respecting the denial of certiorari.
In Perez v. Florida, No. 16-6250, Justice Sonia Sotomayor issued a concurrence in the denial of certiorari.
And in Baston v. United States, No. 16-5454, Justice Thomas issued a dissent from the denial of certiorari.
In early news coverage, Mark Sherman of The Associated Press reports that “Supreme Court scraps case on transgender bathroom rights.”
Lawrence Hurley of Reuters reports that “U.S. top court sidesteps ruling in major transgender rights case.”
Greg Stohr of Bloomberg News reports that “U.S. Supreme Court Cancels Transgender Bathroom Showdown.”
And Richard Wolf of USA Today reports that “Supreme Court won’t decide transgender bathroom case.”
“Dubious Data Belies Supreme Court’s Stance on Repeat Sex Offenders”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
“Republicans and the Constitution: Article V allows a method of proposing amendments that cuts Congress out entirely; This partisanship is just what our founders were trying to avoid.” Jelani Cobb has this Comment in the Talk of the Town section of the March 13, 2017 issue of The New Yorker.
“OT2016 #15: ‘The Roller Derby Across the Street.'” You can access today’s new episode of the “First Mondays” podcast, featuring Ian Samuel and Dan Epps, via this link.
“Law restricting protests during Supreme Court proceedings is upheld”: Robert Barnes of The Washington Post has this report.
And Zoe Tillman of BuzzFeed News reports that “Prosecutors Win Back Broad Authority To Charge Supreme Court Protesters; A federal appeals court said that a lower court judge was wrong to strike down a section of a law used to charge protesters in the Supreme Court as unconstitutionally vague.”
You can access Friday’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.