“How Trump Alienated the Judiciary: A ruling against his executive order on sanctuary cities is the latest rebuke dealt to the president by a federal judge.” Law professor Garrett Epps has this essay online at The Atlantic.
“Texas Moves Toward Abolishing Wrongful Birth Suits”: Law professor Sherry F. Colb has this essay online at Justia’s Verdict.
“US Supreme Court takes narrow view on tribal immunity”: Agence France-Presse has this report.
Barbara Leonard of Courthouse News Service reports that “High Court Kills Tribal Immunity for Casino Employees.”
And at Forbes.com, Daniel Fisher has a post titled “Supreme Court Refuses To Extend Tribal Immunity To Casino Limo Driver.”
You can access yesterday’s ruling of the U.S. Supreme Court in Lewis v. Clarke, No. 15-1500, at this link.
“Justices May Take Another Look at Forced Union Fees”: Chris Opfer of Bloomberg BNA has this report.
“The White House also hopes to announce at least 10 judges in the next two weeks, according to people familiar with the deliberations.” According to Josh Dawsey and Josh Gerstein of Politico.com, in an article headlined “Trump administration moving to replace fired U.S. attorneys; More than a month after firing almost all of the Obama-appointed prosecutors, the White House expects to announce picks in the next three weeks.”
“U.S. appeals court to reconsider Ohio execution protocol”: Jonathan Stempel of Reuters has this report.
And The Associated Press reports that “Appeals court agrees to rehear Ohio lethal injection case.”
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 divided original three-judge panel’s ruling in this case can be accessed here.
“Federal Appeals Court: After 11 Years, There’s No More Reason For Big Tobacco To Delay Warning Ads.” At Consumerist, Chris Morran has this post about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
“Court removes obstacle to releasing wolves in New Mexico”: Dan Elliott of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
“Misdemeanor conviction upheld against Mobile County Revenue Commissioner Kim Hastie”: Lawrence Specker of AL.com has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.
“Trump Lawyers Get Creative With First Amendment”: Law professor Noah Feldman has this essay online at Bloomberg View.
“La Grande native was on hand to witness ceremony; Chris Mammen became friends with Neil Gorsuch at Oxford University”: Josh Benham of The La Grande (Ore.) Observer has this report.
“With Executions in Balance, Supreme Court Grapples Over Role of Experts”: Adam Liptak has this article in today’s edition of The New York Times.
And in today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court to decide whether defendants are entitled to a mental-health expert on their side.”
In the May 2017 issue of ABA Journal magazine: Mark Walsh has an article headlined “Racially discriminating statements in jury rooms are subject to scrutiny.”
Lorelei Laird has an article headlined “Controversial Supreme Court decision lands on the big screen.”
Victor Li has an article headlined “The 14th: A Civil War-era amendment has become a mini-Constitution for modern times.”
David L. Hudson Jr. has an article headlined “Public Employees, Private Speech: 1st Amendment doesn’t always protect government workers.”
And G.M. Filisko has an article headlined “Gun War: Congress has been silent on guns, but states haven’t, so change is on the horizon.”
“WV Supreme Court hears arguments in hate-crime case”: Erin Beck of The Charleston (W. Va.) Gazette-Mail has this report.
Shauna Johnson of West Virginia MetroNews reports that “Hate crime charges against former Marshall football player now a question for state Supreme Court.”
And online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Sex and Hate in the Mountain State: The West Virginia Supreme Court debates whether an anti-gay hate crime is really a hate crime.”
“Ring-ring: Cellphone interrupts Supreme Court hearing, embarrassing Justice Breyer.” Robert Barnes of The Washington Post has this report.
The Associated Press has a report headlined “Hello? Justice Stephen Breyer’s cellphone rings in court.”
And at “SCOTUSblog,” Mark Walsh has a post titled “A ‘view’ from the courtroom: Call waiting.”
“How Justice Thomas’ Discontent Channels Justice Douglas”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
Programming note: On Tuesday morning, I will be arguing an appeal on behalf of the plaintiff-appellee before a three-judge panel of the Superior Court of Pennsylvania. As a result, additional posts will not appear here until Tuesday afternoon.
At 10 a.m. eastern time on Tuesday, the U.S. Supreme Court is expected to issue one or more rulings in argued cases. You can access any decisions via this link just as soon as the Court posts them online.
As always while I am away from the computer, more frequent appellate-related retweets will appear on this blog’s Twitter feed.
“When the government can make businesses talk”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post today.
“Trump dinner with Supreme Court justices postponed”: Josh Gerstein of Politico.com has this blog post.
“‘Assembly-line’ execution effort in Arkansas fuels opposition”: Richard Wolf of USA Today has this report.
“‘Judge Kozinski, he saved my life’: A woman had already chosen her last meal when Judge Alex Kozinski saved her from death row; He admits she may be guilty — so why did he do it?” CBS News has posted online this video segment from “60 Minutes Overtime.”
“The Supreme Court’s double standard for qualified immunity cases”: Will Baude has this post at “The Volokh Conspiracy.”
“Justices weigh defendants’ right to own mental health expert”: Mark Sherman of The Associated Press has this report.
You can access at this link the transcript of today’s U.S. Supreme Court oral argument in McWilliams v. Dunn, No. 16-5294.
“U.S. states realign in legal battle over Trump’s travel ban”: Dan Levine and Mica Rosenberg of Reuters have this report.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.
In Smith v. Ryan, No. 16-8071, Justice Stephen G. Breyer issued a statement respecting the denial of certiorari.
In Salazar-Limon v. City of Houston, No. 16-515, Justice Samuel A. Alito, Jr. issued a concurrence, in which Justice Clarence Thomas joined, in the denial of certiorari. And Justice Sonia Sotomayor issued a dissent, in which Justice Ruth Bader Ginsburg joined, from the denial of certiorari.
Update: In early news coverage, The Associated Press reports that “High court won’t hear appeal over CIA torture report“; “Justices turn away GM appeal over ignition switches“; and “Justices won’t hear challenge to Alabama campaign law..”
And Reuters reports that “U.S. top court won’t review Houston police shooting ‘waistband’ defense“; “Supreme Court rejects GM bid to block ignition switch suits“; “U.S. top court preserves Alabama campaign finance curbs“; “U.S. Supreme Court snubs Chesapeake Energy in bonds dispute“: and “U.S. high court won’t review WellCare ex-CEO fraud conviction.”
“OT2016 #19: ‘Cusp of a Revelation.'” You can access today’s new episode of the “First Mondays” podcast, featuring Ian Samuel and Dan Epps, via this link.
“Trump reschedules dinner with Supreme Court justices”: Brandon Carter of The Hill has this report.
“Texas man convicted in double slaying to get Supreme Court hearing; The U.S. Supreme Court, including its newest justice, Neil Gorsuch, will decide on a legal technicality in the case of a Fort Worth man who killed a 5-year-old girl and her grandmother”: Jolie McCullough of The Texas Tribune has this report.
“Supreme Court To Decide If Prosecution, Defense Can Share Experts in Capital Case”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“Judge Alex Kozinski’s advice for President Trump: Ninth Circuit Court of Appeals judge tells 60 Minutes it’s not the judiciary’s job to be a political counterforce, but to protect against abuses.” Lesley Stahl had this segment (video / transcript) on this evening’s broadcast of the CBS News program “60 Minutes.”
“A popular public school Bible class in West Virginia faces legal challenge”: Joe Heim of The Washington Post has this report.
“Berkeley cell phone warning law upheld by federal appeals court”: Bob Egelko of The San Francisco Chronicle has this report.
Tom Lochner of The East Bay Times reports that “Judges panel gives ringing boost to Berkeley’s cell phone disclosure ordinance; A federal court panel found that Berkeley’s cellphone disclosure ordinance does not violate the First Amendment.”
And Cyrus Farivar of Ars Technica reports that “Mobile industry loses its bid to stop Berkeley’s cellphone warning law; 9th Circuit: Local law actually ‘complements and reinforces’ federal law, policy.”
You can access Friday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Suspended Chief Justice Roy Moore to announce plans Wednesday”: Mike Cason of AL.com has a report that begins, “Suspended Alabama Supreme Court Chief Justice Roy Moore will announce his future plans on the steps of the State Capitol on Wednesday.”
“The Supreme Court Weighs the Church-State Division”: This editorial appears in today’s edition of The New York Times.
“Crime and Different Punishments”: Ross Douthat has this op-ed in today’s edition of The New York Times.
The op-ed discusses an article titled “Why Prison?: An Economic Critique” by Peter N. Salib, a recent graduate of the University of Chicago Law School who is currently clerking for Seventh Circuit Judge Frank H. Easterbrook.