Programming note: On Wednesday, I will be traveling to Long Beach, California, where on Thursday through Sunday I will be attending (and, on Saturday, moderating a panel at) the 2017 Appellate Judges Education Institute Summit.
As a result, additional posts will appear here late in the day on Wednesday. As always while I am traveling, additional appellate-related retweets will appear on this blog’s Twitter feed.
“Harvard At 200: Justices Look Back On Their Law School Days — And Beyond.” Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“Religious Freedom and the Masterpiece Case”: Joshua Matz has this post at the “Take Care” blog.
“Antonin Scalia’s Speeches, Collected for Argument’s Sake”: Alan M. Dershowitz will have this review of “Scalia Speaks: Reflections on Law, Faith, and Life Well Lived” in the Sunday Book Review section of the November 5, 2017 issue of The New York Times.
“Notre Dame to end no-cost contraceptive coverage for employees”: Margaret Fosmoe of The South Bend Tribune has this report.
“ABA Committee Smokes Grasz”: At the National Review’s “Bench Memos” blog, Ed Whelan’s post appears in three parts, which you can access here, here, and here.
“Donnelly one of few Democrats to back Notre Dame professor for federal judge”: Maureen Groppe of The Indianapolis Star has this report.
Alex Swoyer of The Washington Times reports that “Senate confirms Amy Coney Barrett to bench; Democrats had questioned her ‘orthodox’ Catholic faith.”
And Jennifer Bendery of HuffPost reports that “Senate Confirms Judicial Nominee Who Questioned Roe v. Wade Decision; Even some Democrats voted for Amy Coney Barrett, who is now a judge on the U.S. Court of Appeals for the 7th Circuit.”
“The Dangerous Myth of the Judicial ‘Resistance'”: Dahlia Lithwick and law professor Stephen I. Vladeck have this essay online at The New York Times.
Programming note: After enjoying a most wonderful dinner in Pittsburgh last night with David Garrow, today I will be participating as a panelist in a Third Circuit-sponsored event titled “Judges and Journalists: Accuracy and Access” at Pittsburgh’s University Club.
Immediately following this event, I will be returning to the Philadelphia area, because tomorrow I am flying from Philadelphia to the west coast to take part in the 2017 Appellate Judges Education Institute Summit in Long Beach, California.
As a result, additional posts will not appear here until tonight. In the interim, appellate-related retweets are likely to appear on this blog’s Twitter feed. In addition, during the 2017 AJEI Summit, lots of additional appellate-related retweets will be appearing on this blog’s Twitter feed. If you don’t already follow this blog on Twitter, now would be the perfect time to do so.
“Salt Lake Mayor Jackie Biskupski opposes Colorado baker in Supreme Court case”: Dennis Romboy of The Deseret News has this report.
“Wisconsin Supreme Court candidate’s 1989 arrests for abortion protests provide window into his views”: Patrick Marley of The Milwaukee Journal Sentinel has this report.
“Supreme Court refuses to hear from man who wants to marry his laptop”: Alex Swoyer of The Washington Times has this report.
“Supreme Court Delves Into Semantics of English in a Capital Case”: Adam Liptak has this article in today’s edition of The New York Times.
“Bar Association declares Omaha attorney Steve Grasz ‘not qualified’ for 8th Circuit Court of Appeals seat”: Joseph Morton of The Omaha World-Herald has this report.
And Seung Min Kim of Politico.com reports that “ABA deems another Trump judicial nominee ‘not qualified’; Grasz is the second judicial nominee from Trump to get a ‘not qualified’ label from the bar association.”
The American Bar Association today issued this explanation for the rating.
“The Senate Is About To Confirm A Frenzy Of Conservative Judges; Four of Trump’s nominees to lifetime court seats are getting votes this week; Democrats oppose all of them”: Jennifer Bendery of HuffPost has this report.
Programming note: This afternoon I am traveling to Pittsburgh, where tomorrow I will be a panelist at a Third Circuit-sponsored event titled “Judges and Journalists: Accuracy and Access.” As a result, additional posts will appear here tonight.
As always while I am on the road, more frequent appellate-related retweets may appear on this blog’s Twitter feed.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.
Meanwhile, please join me in sending Bloomberg BNA’s Kimberly Robinson best wishes for a speedy recovery. A SCOTUS Order List issuance day just isn’t the same without her.
“OT2017 #4: ‘Wind, Diabetes, & Voluntary Retirements.'” You can access today’s new episode of the “First Mondays” podcast, featuring Ian Samuel, Dan Epps, and guest host Leah Litman, via this link.
“Ohio Supreme Court Justice Bill O’Neill makes gubernatorial run official”: Seth A. Richardson of The Cleveland Plain Dealer has this report.
Jim Provance of The Toledo Blade reports that “Sitting justice to run for Ohio governor.”
And Julie Carr Smyth of The Associated Press reports that “Democratic Ohio justice Bill O’Neill launches governor run.”
“Supreme Court reviews another Texas death penalty case”: Chuck Lindell of The Austin American-Statesman has this report.
“A 40-Foot Cross Has Honored War Dead for 90 Years. Is It Unlawful?” Emily Baumgaertner of The New York Times has this report.
“The Original Meaning of the Alien Tort Statute”: William Dodge has this post at “Just Security.”
“The Trump DOJ’s Puzzlingly Blase View About Abortion Timing”: Michael Dorf has this post at “Dorf on Law.”
And at “Jost on Justice,” Kenneth Jost has a post titled “Teen Immigrant Abused by Anti-Abortion Policy.”
“Thurgood Marshall movie faithful to the facts, and the man”: Jessica Gresko of The Associated Press has this report.
The AP also has a report headlined “AP Was There: The rape case at the center of Marshall film.”
And online at The Connecticut Post, Dan Haar reports that “Father-son team finds way from Connecticut to Hollywood.”
“The 25th Amendment, What’s That? Rep. Jamie Raskin’s proposal to examine the president’s physical and mental aptitude.” Slate has posted online this new installment of its “Amicus” podcast featuring Dahlia Lithwick.
According to its description, the installment also includes a discussion “with ProPublica‘s Ryan Gabrielson about his recent reporting, which revealed that the high court tends to make staggering errors of fact in opinions.”
“How Twitter Killed the First Amendment”: Law professor Tim Wu has this op-ed in today’s edition of The New York Times.
“Legacy of Chief Justice John Marshall: Legal scholars talked about John Marshall’s legacy and his influence in modern times.” C-SPAN has posted this video online.
“From Internet Sensation to Silence: Why Has Texas Supreme Court Justice Don Willett Stopped Tweeting?” John Council of Texas Lawyer has this report.
“Damon Keith marks 50 years as federal judge”: Oralandar Brand-Williams of The Detroit News has this report.
And Jeff Karoub of The Associated Press reports that “Judge recalls key rulings from his 50 years on federal bench.”
In addition, The Detroit News has posted online numerous essays commemorating this milestone, including essays written by Sixth Circuit Judge Eric L. Clay, U.S. District Judge Wilhelmina M. Wright, U.S. Representative John Lewis, former Detroit mayor Dennis Archer, Nate Conyers, Nolan Finley, and Rachel L. McDuffie.
“Seventh Circuit Takes Up Wisconsin’s ‘Cocaine Mom’ Law”: Lorraine Bailey of Courthouse News Service has this report on an oral argument that a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit heard on Thursday. You can access the oral argument audio via this link (28.5 MB mp3 audio file).
In earlier coverage from July 2017, Andrew Chung of Reuters reported that “Supreme Court lifts block on Wisconsin ‘cocaine mom’ law during appeal.”
“Divided U.S. court upholds gun seizure in ‘parking while black’ case”: Jonathan Stempel of Reuters has this report.
And Lorraine Bailey of Courthouse News Service reports that “Seventh Circuit OKs Police Search in ‘Parking While Black’ Case.”
You can access yesterday’s 5-to-3 en banc ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
“Confederate emblem causes unequal treatment, attorneys argue”: Emily Wagster Pettus of The Associated Press has a report that begins, “Attorneys say in written arguments to the U.S. Supreme Court that the Confederate battle emblem on the Mississippi flag is ‘an official endorsement of white supremacy’ and lower courts were wrong to block a lawsuit challenging the flag.”
“D.C. Circuit Review — Reviewed: ‘Substantially For the Reasons Set Forth . . . .'” Aaron Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.
“Why Roy Moore’s Law-School Professor Nicknamed Him Fruit Salad”: Charles Bethea has this post online at The New Yorker.
“With Little Dissent, Supreme Court Justices Toast Harvard; Law school’s alumni, which make up a majority now on the court, trade wits at a bicentennial event”: The Wall Street Journal’s Jess Bravin — formerly a writer for The Harvard Crimson — has this report.
And Jamie D. Halper, currently of The Harvard Crimson, reports that “Six Supreme Court Justices Speak at Law School Bicentennial.”