“Justice Elena Kagan to visit University of Wisconsin-Madison on Friday”: Patrick Marley of The Milwaukee Journal Sentinel has an article that begins, “U.S. Supreme Court Justice Elena Kagan will address the public Friday at the University of Wisconsin-Madison, just a month before a Wisconsin case goes before the nation’s high court.”
“The Price of Ignorance: The Constitutional Cost of Fees for Access to Electronic Public Court Records.” Stephen Schultze has posted this paper on SSRN.
“Posner says friction on 7th Circuit bench led to his retirement”: Patricia Manson of the Chicago Daily Law Bulletin has this report.
“Larsen willing to rule against Trump”: Melissa Nann Burke of The Detroit News has this report.
Lydia Wheeler of The Hill reports that “Trump judicial nominee denies she’d put her faith above the law.”
Josh Gerstein of Politico.com reports that “DOJ civil rights nominee denounces Charlottesville violence; One Republican senator joins Democrats in lamenting evasiveness of appeals court picks.”
And Ryan Lovelace of the Washington Examiner reports that “Senate Democrats grill two Trump judicial nominees.”
“Abortion clinic’s challenge to Kentucky law goes to trial Wednesday in federal court”: Deborah Yetter of The Courier-Journal of Louisville, Kentucky has an article that begins, “The state’s last abortion clinic, fighting to stay in business, takes its case to federal court Wednesday, arguing that enforcement actions by the administration of Gov. Matt Bevin are meant to shut it down and deny women access to abortions in Kentucky.”
Chris Kenning of Reuters reports that “Kentucky trial could make state first in U.S. with no abortion clinic.”
And Bruce Schreiner of The Associated Press reports that “Kentucky’s last abortion clinic to face off against governor.”
“Michigan county wins court challenge over Christian prayers”: Ed White of The Associated Press has this report on a 9-to-6 en banc ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Update: In other coverage, Jonathan Stempel of Reuters reports that “Appeals court allows prayer at Michigan county’s public meetings.”
“Mozart of Legal Writing: Clerks Reflect on Posner’s Career.” Patrick L. Gregory of Bloomberg BNA has this report.
View live, online today’s Senate Judiciary Committee confirmation hearing to consider two federal appellate court nominees: Via this link. The two nominees are Michigan Supreme Court Justice Joan L. Larsen for the U.S. Court of Appeals for the Sixth Circuit and law professor Amy Coney Barrett for the U.S. Court of Appeals for the Seventh Circuit.
“Neal Katyal: The travel ban’s legal nemesis.” Josh Gerstein has written this profile for this year’s Politico 50 list.
“Prominent Republicans Urge Supreme Court to End Gerrymandering”: Adam Liptak of The New York Times has this report.
“Appeals court, 2-1, gives Texas OK to use new voter ID law”: Josh Gerstein of Politico.com has this blog post.
Update: At his “Election Law Blog,” Rick Hasen has a post titled “5th Circuit Motions Panel, on 2-1 Vote, Allows Texas to Enforce Its Revised ID Law Pending Appeal.”
“7th Circ. On Brink Of Ideological Shift With Posner’s Exit”: Sindhu Sundar of Law360.com has this report (subscription required for full access).
And Marilyn Odendahl of The Indiana Lawyer has an article headlined “Retired Posner had significant impact on Indiana” in which my “20 questions for the appellate judge” interview with former Seventh Circuit Judge Richard A. Posner is quoted.
“Franken opposes Trump judicial nominee, setting up procedural clash”: Seung Min Kim of Politico.com has this report.
“Franken will not back Trump’s pick of Minn. Justice David Stras for 8th Circuit Court; The democratic senator announced Tuesday he will not return a blue slip that would allow the Stras nomination to advance to a vote, concerned that the justice is too conservative”: Jennifer Brooks of The Minneapolis Star Tribune has this report.
And Rachel E. Stassen-Berger of The St. Paul Pioneer Press reports that “Sen. Al Franken to oppose MN Supreme Court Justice David Stras’ nomination to federal bench.”
This afternoon, U.S. Senator Al Franken (D-MN) posted this statement on Facebook.
And U.S. Senator Amy Klobuchar (D-MN) issued a statement titled “Klobuchar Statement on Nomination of Justice Stras to the Eighth Circuit Court of Appeals.”
“Advice for new circuit clerks”: Matthew Stiegler has this post at his “CA3blog.”
“Court restores man’s lawsuit against cheating wife’s lover”: Emery P. Dalesio of The Associated Press has this report on a ruling that the North Carolina Court of Appeals issued today.
Today’s ruling of a unanimous three-judge panel begins:
This case concerns two common law causes of action — alienation of affection and criminal conversation — that permit litigants to sue the lovers of their unfaithful spouses. These laws were born out of misogyny and in modern times are often used as tools for enterprising divorce lawyers seeking leverage over the other side.
Defendant Derek Williams contends that these aging common law torts are facially unconstitutional because they violate individuals’ First and Fourteenth Amendment rights to engage in intimate sexual activity, speech, and expression with other consenting adults.
As explained below, we reject this facial constitutional challenge.
Although six of the court’s 15 judges — including the court’s chief judge — are female, this case was decided by an all-male panel. Judge Richard Dietz wrote the opinion of the court, in which Judges Rick Elmore and John M. Tyson joined.
“Oceans Apart But Still a Close Familial Relation”: Sarah Mahmood has this post at the “Take Care” blog.
“Austin has too few defense lawyers for death penalty cases”: Ryan Autullo of The Austin American-Statesman has this report.
“Counterpoint: Diversity and transparency needed in Stras nomination, not a rubber stamp; Sens. Klobuchar and Franken are right to be taking their time. “ The Minneapolis Star Tribune recently published this essay written by Marie A. Failinger, Kendra Brodin, Mike Essien, Ben Kwan, and Lariss Maldonado.
“Grassley should rethink scheduling of Judiciary Committee hearing”: Law professor Carl Tobias has this essay online at The Des Moines Register.
“Amid tension, Trump and McConnell together on judges”: Joan Biskupic of CNN.com has this news analysis.
“Supreme Court set to take up LGBT rights and religious liberty”: Ariane de Vogue of CNN.com has this report.
“Eclipsing Dreams of Better Lives”: Linda Greenhouse recently had this essay online at The New York Times.
“Federal court orders new hearings in lethal injection challenge”: Brian Lyman of The Montgomery Advertiser has this report.
And Kim Chandler of The Associated Press reports that “11th Circuit rules revives lethal injection lawsuit.”
You can access Friday’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
“ELB Podcast Episode 18 — Eric McGhee and Nick Stephanopoulos: Will the Efficiency Gap Save the U.S. from Partisan Gerrymandering?” Rick Hasen has this post at his “Election Law Blog.”
“The Court’s Lack of Recent Support for the Federal Government’s Agenda”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
“Richard Posner, Leader of a Legal Revolution; No one comes close to the retired federal judge in terms of influence on contemporary law”: Law professor Cass R. Sunstein has this essay online at Bloomberg View.
“How to Mark Judge Posner’s Retirement”: Paul Horwitz has this post at “PrawfsBlawg.”
“Law360’s Pro Say: Should You Read Posner’s New Book?” Law360.com has posted this podcast featuring Senior U.S. District Judge Richard G. Kopf (D. Neb.).
“Broad, deep support for Stras nomination comes from both sides of the aisle; Lawyers, professors, lawmakers, justices all agree that Stras should be confirmed”: The Minneapolis Star Tribune has published these comments from former Minnesota Supreme Court Justice Paul H. Anderson and former U.S. Senator Rudy Boschwitz.
“8th Circuit adds to data breach litigation uncertainty, ahead of SCOTUS petition”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Supreme Court Preview: Blockbuster Cases Likely to Deliver a Contentious, Consequential Fall Term.” Tony Mauro and Marcia Coyle of The National Law Journal have this report.
“D.C. Circuit Review — Reviewed: The Concurrences of Judge Janice Rogers Brown.” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.
“Richard Posner announces sudden retirement from federal appeals court in Chicago”: Jason Meisner and Patrick M. O’Connell of The Chicago Tribune have this report.
The Chicago Sun-Times reports that “Federal Appellate Judge Richard Posner, legal giant, set to retire.”
Patricia Manson of the Chicago Daily Law Bulletin reports that “Richard Posner announces retirement.”
Claire Bushey of Crain’s Chicago Business reports that “Judge Richard Posner is retiring from the federal appeals court.”
The U.S. Court of Appeals for the Seventh Circuit issued this news release today.
On December 1, 2003, Seventh Circuit Judge Richard A. Posner participated in this blog’s “20 questions for the appellate judge” feature.
“Racial Diversity on the Federal Bench: Have We Hit the High Water Mark?” Harsh Voruganti has this post at his blog, “The Vetting Room.”