“Allison Eid on course to replace Neil Gorsuch on federal appeals court after tussle with Senate panel; Democrats push Colorado Supreme Court justice on civil liberties during confirmation hearing”: Mark K. Matthews of The Denver Post has this report.
And Alex Swoyer of The Washington Times reports that “Replacement for Gorsuch cruises through Senate Judiciary Committee hearing.”
“In the long run, class actions may not be the best way to redress data breaches”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Montana must rewrite transgender bathroom ballot description”: Amy Beth Hanson of The Associated Press has this report on an order that the Supreme Court of Montana issued yesterday.
“Two Men, Senator Mike Lee’s Brother, And Hopefully A Baby: Here’s hoping we don’t need SCOTUS to get involved.” Ellen Trachman has this post at “Above the Law.”
“The Obvious Irony of Chemerinsky on Barrett and Feinstein”: Paul Horwitz has this post at “PrawfsBlawg.”
“‘Preposterous’ Stonewalling By Judicial Nominees Makes a Mockery of Confirmation Hearings”: Dan Froomkin has this guest post at “ACSBlog.”
“The Constitution Is Passing the Trump Stress Test: Congress and the courts are doing their jobs so far to pull back the president from his worst threats.” Law professor Noah Feldman has this essay online at Bloomberg View.
“Can companies block employees’ class-action lawsuits? The Supreme Court will hear the labour dispute on October 2nd, the first day of the justices’ new term.” Steven Mazie has this post at the “Democracy in America” blog of The Economist.
“Justice Allison Eid — Nominee for the U.S. Court of Appeals for the Tenth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”
“Voluntary Integration Decisions Take Center Stage in Debate over Eighth Circuit Judicial Nomination”: Derek Black has this post at the “Education Law Prof Blog.”
“Longtime 6th Circuit appeals court judge from Ohio will take senior status”: Eric Heisig of The Cleveland Plain Dealer has an article that begins, “Longtime 6th U.S. Circuit Court of Appeals Judge Alice Batchelder has decided to take senior status, opening up another seat for President Donald Trump to fill on the Cincinnati-based appellate court.”
“Trump judicial nominee said transgender children are part of ‘Satan’s plan,’ defended ‘conversion therapy'”: Chris Massie and Andrew Kaczynski of CNN.com have this report.
“New Filings in the Emoluments Clause Litigation”: Josh Blackman has this blog post today, responding to a post that Jed Shugerman had at the “Take Care” blog late last month titled “Questions about the Emoluments Amicus Brief on Behalf of Trump.”
View today’s Senate Judiciary Committee hearing to consider the nomination of Colorado Supreme Court Justice Allison H. Eid to the U.S. Court of Appeals for the Tenth Circuit: Live now via this link.
And Mark K. Matthews of The Denver Post has an article headlined “A look at Colorado’s Allison Eid, whose record bends to Trump’s conservatism, as her U.S. appeals court nomination goes to Senate; The 12-year justice on the Colorado Supreme Court is expected to face a smooth path to replace Neil Gorsuch.”
“Can White House counsel McGahn claim client privilege in Mueller probe?”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Faced With Careful Criticism, Law Professor Just Calls His Critics Stupid; Law professor says critics can’t ‘read, analyze, and act'”: Joe Patrice has this post at “Above the Law.”
And in a related entry at “Above the Law,” LawProfBlawg has a post titled “Advice From A Law Professor On How To Write An Op-Ed; Some tips so that your op-ed doesn’t cause you or your readers undue heartburn.”
“Appeals court upholds Seattle police policy on using force; The panel held that the city has a significant interest in regulating the use of guns by police officers, and the policy does not restrict the officers’ Second Amendment rights”: The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
“Time to Protect Our Democracy: Anthony Kennedy should follow Byron White’s guidance and strike down partisan gerrymandering.” Law professor Palma Joy Strand has this jurisprudence essay online at Slate.
“Justices could avoid issuing verdict on Trump travel ban”: Mark Sherman of The Associated Press has this report.
“Another Garcia cellmate comes forward with information on Markel”: Karl Etters of The Tallahassee Democrat has this report.
“My Supreme Court Debut: A 1st Time For Everything.” Lindsay Harrison has this essay online at Law360.com.
“‘Dirty secret’ of Oregon jury system could go before U.S. Supreme Court”: Shane Dixon Kavanaugh of The Oregonian has this report.
“Judge Kravitch remembered as ‘national treasure'”: Bill Rankin of The Atlanta Journal-Constitution has this report.
“Political Drama In Texas Has Left Trump Struggling To Fill Court Seats”: Zoe Tillman of BuzzFeed News has this report.
“Justice Delayed: 10 Years in Jail, but Still Awaiting Trial.” Serge F. Kovaleski has this front page article in today’s edition of The New York Times.
“Lead Yourself First: An Interview With Judge Raymond M. Kethledge; Enjoy these insights and career advice from a prominent judge (and possible Supreme Court justice).” David Lat has this post at “Above the Law.”
“Arizona court: Same-sex spouse has parental rights over ex-wife’s biological child.” Howard Fischer of The Arizona Daily Star has an article that begins, “The spouse of a gay Tucson woman who has given birth is entitled to the same parental rights as if she had been a man, even when they’re not ‘biologically related’ to the child, the Arizona Supreme Court ruled today.”
You can access today’s ruling of the Supreme Court of Arizona at this link.
“Black Robes and Crystal Balls: Supreme Court justices like to predict the future; They aren’t very good at it.” Mark Joseph Stern has this essay online at Slate.
“U.S. appeals court blocks San Francisco ordinance on soda health warnings”: Dan Levine of Reuters has a report that begins, “A U.S. appeals court sided with the beverage industry on Tuesday, granting its request to block a San Francisco ordinance mandating health warnings for soda and other sugary drinks.”
You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Lawsuit over debunked Rolling Stone rape article revived: U.S. court.” Jonathan Stempel of Reuters has this report.
Bob Van Voris of Bloomberg News reports that “Defamation Suit Over Rolling Stone Article Is Revived on Appeal.”
The Associated Press reports that “Court reinstates lawsuit over debunked Rolling Stone story.”
Ben Sisario of The New York Times reports that “Rolling Stone Faces Revived Lawsuit Over Campus Rape Article.”
And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Appeals Court: Rolling Stone Must Face Defamation Lawsuit Over Rape Story; The 2nd Circuit rules two UVA fraternity members have plausibly made claims how the story was ‘of and concerning’ them while also accepting a group defamation theory.”
You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
“Senate confirms Trump pick for solicitor general”: The Associated Press has this report.
You can view the official U.S. Senate roll call vote tally at this link.
“Court nominee’s lack of NM roots prompts concern”: Michael Coleman of The Albuquerque Journal recently had an article that begins, “The White House is considering five names to replace retiring Judge Paul Kelly Jr. of Santa Fe on the federal 10th Circuit Court of Appeals — including one surprise contender who is raising eyebrows in New Mexico’s legal community because of his lack of roots and legal experience in the state.”
And The Las Cruces (N.M.) Sun-News has an editorial titled “U.S. Circuit Court seat should go to New Mexican.”
“The Meaning of the Three Emoluments Clauses in the U.S. Constitution: A Corpus Linguistic Analysis of American English, 1760-1799.” James Cleith Phillips and Sara White have posted this paper on SSRN (via “Legal Theory Blog“).
“Court: Law against encouraging illegal immigration could violate First Amendment.” Josh Gerstein of Politico.com has this blog post.
“Posner’s Opinions Tell A Tale Of Feline Love”: Ed Beeson of Law360.com has this report (subscription required for full access).
And Claire Bushey of Crain’s Chicago Business has an article headlined “What prompted Judge Posner to suddenly retire?”