“Remembering the Murder You Didn’t Commit: DNA evidence exonerated six convicted killers; So why do some of them recall the crime so clearly?” Rachel Aviv has this article in the June 19, 2017 issue of The New Yorker.
“The Long, Lonely Road of Chelsea Manning: Her disclosure of classified documents in 2010 ushered in the age of leaks; Now, freed from prison, she talks about why she did it — and the isolation that followed.” Matthew Shaer will have this article in the June 18, 2017 issue of The New York Times Magazine.
“America Needs Closure on the Travel Ban”: Law professor Josh Blackman has this essay online at The New York Times.
Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in four argued cases.
1. Justice Neil M. Gorsuch delivered the opinion for a unanimous Court in Henson v. Santander Consumer USA Inc., No. 16-349. You can access the oral argument via this link.
2. Justice Ruth Bader Ginsburg delivered the opinion of the Court in Microsoft Corp. v. Baker, No. 15-457. Justice Clarence Thomas issued an opinion concurring in the judgment, in which Chief Justice John G. Roberts, Jr. and Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link.
3. Justice Ginsburg also delivered the opinion of the Court in Sessions v. Morales-Santana, No. 15-1191. Justice Thomas issued an opinion concurring in the judgment part, in which Justice Alito joined. You can access the oral argument via this link.
4. And Justice Thomas delivered the opinion for a unanimous Court in Sandoz Inc. v. Amgen Inc., No. 15-1039. Justice Stephen G. Breyer issued a concurring opinion. You can access the oral argument via this link.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case.
And in Virginia v. LeBlanc, No. 16-1177, the Court issued a per curiam summary reversal of the judgment of the U.S. Court of Appeals for the Fourth Circuit. Justice Ruth Bader Ginsburg issued an opinion concurring in the judgment.
In early news coverage, The Associated Press reports that “High court won’t hear appeal from former Qwest CEO.”
“Unions Come Into the Justices’ Cross Hairs, Again”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
“OT2016 #24: ‘Six Degrees of Caleb Nelson.'” You can access this week’s new episode of the “First Mondays” podcast, featuring Dan Epps and guest host Leah Litman, via this link.
“Nice Little FBI You’ve Got Here. Pity if Something Happened to It. What counts as ‘obstruction of justice’? And should judges pay attention to Trump’s Twitter feed?” Slate has posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick.
“Why dozens of Coloradans convicted as juveniles are spending life in prison despite a U.S. Supreme Court ruling; Colorado holds 33 prison offenders who were juveniles when they committed crimes that resulted in virtual life prison sentences”: Kirk Mitchell of The Denver Post has this report.
“Supreme Court could tackle partisan gerrymandering in watershed case”: Robert Barnes of The Washington Post has this report.
Access online the contents of the June 2017 issue of the Harvard Law Review: Via this link.
“Will Donald Trump’s anti-Muslim words on travel ban hurt his case?” Richard Wolf of USA Today has this report.
“President Trump may visit Supreme Court for Justice Gorsuch’s investiture”: Richard Wolf of USA Today has an article that begins, “President Trump has called Chief Justice John Roberts an ‘absolute disaster.’ Of Justice Ruth Bader Ginsburg, he’s said, ‘her mind is shot.’ Federal courts in general are ‘slow and political.'”
“Florida caps in malpractice cases ruled unconstitutional”: The Associated Press has this report.
And Jim Saunders of the News Service of Florida reports that “Supreme Court rejects medical malpractice caps.”
You can access Thursday’s 4-to-3 per curiam ruling of the Supreme Court of Florida at this link.
“Trump to Attend Supreme Court Event for Gorsuch, Official Says”: Jennifer Jacobs and Greg Stohr of Bloomberg News have a report that begins, “Donald Trump plans to make his first visit to the U.S. Supreme Court since being elected president when he attends a formal ceremony for new Justice Neil Gorsuch on Thursday, a White House official said.”
“U.S. court upholds $11 million verdict against Toyota over fatal crash”: Brendan Pierson of Reuters has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.
“‘Trial of a lifetime’ plays out in tiny South Dakota town”: Timothy Mclaughlin of Reuters has a report from Elk Point, South Dakota that begins, “In this rural outpost of just over 1,900 residents, a local college student has become a courtroom sketch artist, trailers on Main Street are ersatz offices for a major law firm and members of an agricultural youth club are puzzled by a new metal detector at the local courthouse.”
And in coverage of today’s developments in the trial, Nick Hytrek of The Sioux City (Iowa) Journal reports that “Nutritional value of BPI beef questioned at trial.”
“State to appeal order for new sentencing for ‘Beltway sniper’ Lee Boyd Malvo”: Frank Green of The Richmond Times-Dispatch has this report.
And Bernie Woodall of Reuters reports that “Virginia appeals re-sentencing ruling for D.C. sniper Malvo.”
“Iowa court: State cannot prosecute immigrant using fake ID.” The Associated Press has this report on a 4-to-3 ruling that the Supreme Court of Iowa issued today.
“McConnell Basks in GOP Victory on Courts; Senate leader looking forward to reshaping federal judiciary”: Joe Williams of Roll Call has this report.
“The Supreme Court will consider a mobile phone privacy case: Does the constitution permit police to track your phone signal without a warrant?” Steven Mazie has this post at the “Democracy in America” blog of The Economist.
“The Consultation Double-Standard”: At “The Vetting Room” blog, Harsh Voruganti has a post that begins, “Let’s compare excerpts from the Senate Judiciary Questionnaires of two judicial nominees.”
“In the View of the Supreme Court, Alan Dershowitz is Wrong About the Powers of the President”: Rick Pildes has this post at “Lawfare.”
“Mueller Enlists Top Criminal Law Expert for Russia Probe”: Tony Mauro of The National Law Journal has an article reporting that “Deputy solicitor general Michael Dreeben, who has argued more than 100 cases before the U.S. Supreme Court and oversees the Justice Department’s criminal appellate docket, will be assisting Mueller on a part-time basis, according to sources familiar with the arrangement.”
And online at The New Yorker, Evan Osnos has a post titled “Comey’s Revenge: Measuring Obstruction.”
“Justice Stephen Breyer: Adding cameras to Supreme Court a ‘risk'”: Ryan Lovelace of The Washington Examiner has this report.
“Orthodox ritual of swinging and slaying chickens can continue on city streets, appeals court rules”: Stephen Rex Brown of The New York Daily News has an article that begins, “An ultra-Orthodox ritual involving the twirling and slaughtering of tens of thousands of chickens can continue on public streets despite the ruffled feathers of animal rights advocates and Brooklyn residents, an appeals court ruled Tuesday.”
You can access Tuesday’s 3-to-2 ruling of the New York State Supreme Court, Appellate Division, First Department, in Alliance to End Chickens as Kaporos v. New York City Police Dep’t at this link.
“When not to roll over the opposition: The Senate should think twice about eliminating the ‘blue slip.'” The Washington Times has published this editorial.
Prof. Stephanos Bibas nominated to the Third Circuit, but he also has some Fifth Circuit/fifth circuit connections: Before clerking for Justice Anthony M. Kennedy in OT 1997, Prof. Bibas clerked for Fifth Circuit Judge Patrick E. Higginbotham.
And a reader has emailed tonight to note that Bibas “is the fifth circuit nomination from OT 97 (Kethledge, Halligan, Srinivasan, Owens, Bibas).”
“Past food safety questions raised at BPI trial”: Mason Dockter of The Sioux City (Iowa) Journal has this report.
And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has posts titled “ABC Grills Beef Expert at ‘Pink Slime’ Trial; In a massive defamation case against the network, food scientists break down the makings of ‘lean finely textured beef.’”
“Justice Breyer: Supreme Court ‘boring’ without Scalia.” The New York Daily News has this gossip column.
“For Supreme Court justices, faith in law: In Harvard visit, Gorsuch, Breyer see stability in how cases are adjudicated.” Clea Simon of The Harvard Gazette has this report.
“My transgender son is graduating from high school. But his fight isn’t over.” Deirdre Grimm has this essay online at The Washington Post.
“Restoring credibility? Trump’s slate of 11 judicial nominees could shake up courts.” Steve Kurtz of FoxNews.com has this report.
“Penn Professor will be nominated to serve on the U.S. Court of Appeals for the Third Circuit”: Dylan Reim of The Daily Pennsylvanian has this report.
And at his “CA3blog,” Matthew Stiegler has a post titled “A first look at Third Circuit nominee Stephanos Bibas.”
With Bibas slated to become a judge, perhaps it’s the perfect time to recall that Mike Judge was the creator of “Beavis and Butt-Head.”
So long as the Third Circuit can avoid the addition of any new judges (or judges sitting by designation) whose last name resembles Butt-Head, however, those of us whose level of humor sophistication resembles that of the title characters on the MTV series should be safe.
Previous “Beavis and Butt-Head” mentions from the past 15 years of “How Appealing” can be accessed via this link.
“President Trump nominates Allison Eid to fill Neil Gorsuch’s seat on 10th U.S. Circuit Court of Appeals; Move would give conservative jurist higher visibility but could further swing Colorado’s high court to the left”: Mark K. Matthews of The Denver Post has this report.