“Goodson, Sterling in Arkansas Supreme Court runoff”: In today’s edition of The Arkansas Democrat-Gazette, John Moritz has a front page article that begins, “Targeted by out-of-state attack ads, Supreme Court Justice Courtney Goodson survived an initial round of voting Tuesday and advanced to a November runoff election where she will face David Sterling, the beneficiary of outside spending.”
“Second spot in Kentucky Supreme Court runoff decided by just 51 votes”: Bill Estep of The Lexington Herald-Leader has this report.
“Legal Innocence and Federal Habeas”: Leah Litman has this post at the “Take Care” blog.
“Trump’s stealth victory: Reshaping the courts.” Melissa Quinn of the Washington Examiner has this report.
“Retirement Plan Blues”: At his “Empirical SCOTUS” blog, Adam Feldman has a post that begins, “It is that time of year again. As we near the end of the Supreme Court term, we are experiencing another round of prognostications on whether Justice Kennedy will retire leaving another vacancy for the Trump Administration to fill.”
“A bunch of good Third Circuit oral arguments”: Matthew Stiegler has this post at his “CA3blog.”
Two things people with opinions might wish to opine about before the Memorial Day holiday arrives: 1. As I noted in this earlier post, the Ninth Circuit on Monday issued a news release titled “Ninth Circuit Judicial Council Acts on Workplace Environment Recommendations.” Were it not for conduct attributed to a certain Ninth Circuit judge who has since resigned from judicial service, perhaps the current focus on sexual harassment within the federal judicial branch would not have arisen as it did. The question thus presents itself whether the Ninth Circuit’s just announced response is a good start, completely sufficient for all purposes, not a good start, or hopefully not where things should end up in the long term. Opinions anyone?
2. Also on Monday, as noted in this earlier post, Justice Ruth Bader Ginsburg managed to make headlines for two entirely different things — delivering a high profile dissenting opinion; and remarks delivered in response to receiving an award at the American Law Institute’s annual meeting. As Politico reported with regard to the second of those two things, “Ginsburg calls for return of ‘bipartisan spirit’ to judicial confirmations.” Now while people of good sense seem to agree that Justice Ginsburg should refrain from offering politically tinged remarks, it is not uncommon for federal judges to bemoan the state of federal judicial confirmations. Nevertheless, at this time, Democrats seem to be on the losing end of the judicial confirmation wars. If the Democrats manage to take control of the U.S. Senate in this November’s elections, does anyone believe that Justice Ginsburg would prefer to have a Democratically controlled Senate decide whether to confirm Anthony M. Kennedy’s successor based solely on the nominee’s judicial qualifications? Justice Ginsburg’s remarks about judicial confirmations this past Monday, while admirable as an absolute matter, seem to have come at exactly the wrong time for her partisan supporters. If I am correct, why hasn’t anyone had anything to say about this yet?
“Court to Provide Live Audio Streaming of All Arguments at Start of 2018-2019 Term”: The U.S. Court of Appeals for the D.C. Circuit today issued a news release that begins, “Chief Judge Garland announced today that the Court has voted to live stream audio of all oral arguments, except when classified or sealed matters must be discussed.”
Once this begins, the D.C. Circuit will join the Ninth Circuit — which currently is the only federal appellate court to livestream its oral arguments on YouTube. If I am reading the D.C. Circuit’s local rules correctly, that court’s 2018-2019 term will begin in September 2018.
“Could sports-betting ruling invalidate US death penalty law?” Wilson Ring of The Associated Press has this report.
“Judge sides with Gloucester transgender student on bathroom access issue”: Peter Dujardin of The Daily Press of Newport News, Virginia has this report.
Moriah Balingit of The Washington Post reports that “Court sides with transgender Va. student in his fight to use the boys’ bathroom.”
Ben Finley of The Associated Press reports that “Judge sides with transgender teen, declines to dismiss suit.”
Lawrence Hurley of Reuters reports that “U.S. court backs transgender student at center of bathroom dispute.”
Ariane de Vogue of CNN reports that “Court rules federal civil rights law protects transgender people.”
Antonia Blumberg and Ryan J. Reilly of HuffPost report that “Federal Court Sides With Transgender Teen Gavin Grimm In Bathroom Fight; The court denied a motion to dismiss Grimm’s lawsuit against the Gloucester County School Board.”
And Dominic Holden of BuzzFeed News reports that “A Judge Just Ruled For A Transgender Student In A Major Case; The decision reanimates the nation’s most prominent case over transgender student restroom rights.”
“A Supreme Court Decision That Was a Wild Card”: Melina Delkic of The New York Times has this Times Insider report.
The Fourth Circuit has issued its ruling in Under Seal 1 v. Under Seal 2: Although non-precedential, today’s opinion is not under seal.
“Did the Supreme Court Just Gut the New Deal? Monday’s ruling banning employee class-action suits could open the door to destroying non-union workers’ rights.” Simon Lazarus has this essay online at The American Prospect.
“Epic Distortion: Neil Gorsuch’s ruling on mandatory arbitration clauses doesn’t reflect the reality of American labor relations.” Mark Joseph Stern has this jurisprudence essay online at Slate.
“The Arbitration Fight Isn’t Over: How states can counteract the Supreme Court’s awful ruling in Epic Systems v. Lewis.” Law professor Daniel Hemel has this jurisprudence essay online at Slate.
“Faith Ryan Whittlesey, 79, top Reagan aide and two-time ambassador to Switzerland”: Bonnie L. Cook of The Philadelphia Inquirer has written this obituary.
According to this interview that she gave and other accounts that I have heard, Whittlesey was the White House official who suggested the nomination of the judge for whom I clerked on the U.S. Court of Appeals for the Third Circuit.
“Viacom’s SpongeBob keeps rights to ‘Krusty Krab’ restaurant name”: Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
If you were looking forward to Fifth Circuit Judge Don R. Willett‘s take on SpongeBob — and frankly who isn’t — sadly you will need to keep waiting, as he wasn’t on the three-judge panel that decided this appeal.
“Justice Kagan and Paul Clement share SG stories with American Law Institute”: Andrew Hamm has this post at “SCOTUSblog.”
“Ruth Bader Ginsburg, the super diva of America’s Supreme Court: The opera-loving judge has become a cult figure imitated on ‘Saturday Night Live.'” Courtney Weaver has this essay (subscription required) online at Financial Times. You may be able to freely access the essay via Google News.
“Dueling Cosmic Injunctions, DACA and Departmentalism”: Josh Blackman has this post at the “Lawfare” blog.
“Interview with Judge Jeffrey Sutton About his New Book ’51 Imperfect Solutions: States and the Making of American Constitutional Law’ — Part II.” Ilya Somin has this post at “The Volokh Conspiracy.”
“This Is What a More Conservative Supreme Court Looks Like: The political and legal divides over workers’ class-action lawsuit were predictable.” Law professor Noah Feldman has this essay online at Bloomberg View.
“How Neil Gorsuch may end up protecting Planned Parenthood”: Columnist Charles Lane has this essay online at The Washington Post.
“Antonin Scalia was wrong about the meaning of ‘bear arms'”: Dennis Baron has this essay online at The Washington Post (via Neal Goldfarb).
“Appeal court sides with Florida ban of inmate magazine”: Dara Kam of News Service of Florida has this report.
And Daniel Rivero of Miami public radio station WLRN reports that “Inmate Magazine Loses First Amendment Case Against Florida Department Of Corrections.”
My earlier coverage of last Thursday’s Eleventh Circuit ruling can be accessed here.
“California attorney general appeals judge’s decision to overturn physician-assisted suicide law”: Soumya Karlamangla of The Los Angeles Times has an article that begins, “California Atty. Gen. Xavier Becerra on Monday filed an appeal against a judge’s recent ruling overturning the state’s physician-assisted suicide law.”
“Blue states strike first against awaited anti-union court ruling”: Katherine Landergan and Andrew Hanna of Politico have this report.
And online at The Chicago Tribune, Robert Bruno has an essay titled “A Supreme Court ruling for Janus would be judicial activism at its worst.”
“Prison bars open over a few dollars”: Columnist Ken Dixon of The Connecticut Post has an essay that begins, “Welcome to Skakel-land, where questions meet coincidence.”
“High court to hear challenge to Virginia uranium mining ban”: Jessica Gresko of The Associated Press has this report.
Andrew Chung of Reuters reports that “U.S. top court takes up challenge to Virginia uranium mining ban.”
And Greg Stohr of Bloomberg News reports that “Virginia Uranium Mining Dispute Draws U.S. Supreme Court Review.”
“Patrick Murphy murder case headed to the U.S. Supreme Court”: Justin Wingerter of The Oklahoman has this report.
Curtis Killman of The Tulsa World reports that “U.S. Supreme Court to hear Oklahoma case on criminal jurisdiction involving tribal members.”
Mark Sherman of The Associated Press reports that “Justices to review Oklahoma’s Indian territory murder appeal.”
And Greg Stohr of Bloomberg News reports that “Oklahoma, Business Groups Get Supreme Court Review in Murder Case.”
“Ginsburg calls for return of ‘bipartisan spirit’ to judicial confirmations”: Mel Leonor of Politico has this report.
You can view online the video from earlier today titled “Justice John Roberts presents Friendly Medal to Justice Ruth Bader Ginsburg.”
“Ruth Bader Ginsburg takes off the gloves”: Joan Biskupic of CNN has this report.
“Gorsuch comes through for Trump and big business”: Ariane de Vogue of CNN has this report.
“Ninth Circuit Judicial Council Acts on Workplace Environment Recommendations”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release.
“Clinic Brings Attorney’s Fees Case to Supreme Court; Culbertson v. Berryhill Will Interpret Federal Law Governing Social Security Representation”: Mike Fox of the University of Virginia School of Law has this report.