“Brown’s being tricky about filling Supreme Court seat”: Dan Walters has this essay online at CALmatters.

“State Asks U.S. Supreme Court To Reinstate Kennedy Cousin Skakel’s Murder Conviction”: Edmund H. Mahony of The Hartford Courant has this report.

“Justices reject ‘outercourse’ argument, uphold ex-Stanford swimmer’s sexual assault conviction”: Tracey Kaplan of The San Jose Mercury News has this report.

Nanette Asimov of The San Francisco Chronicle reports that “Brock Turner loses appeal of his conviction in Stanford sexual assault case.”

And Paul Elias of The Associated Press reports that “Court upholds ex-Stanford swimmer’s sex assault conviction.”

You can access today’s unpublished ruling of the California Court of Appeal for the Sixth Appellate District at this link.

“The next Supreme Court pick could shape Indian law for decades; The highest court in the land holds legal power over tribal nations, but it lacks knowledge of tribal law”: Anna V. Smith of High Country News has this report.

“West Virginia Supreme Court Faces Impeachment Threat; Lawmakers recommend removing all four members after a probe over spending”: Jacob Gershman has this article in today’s edition of The Wall Street Journal.

Emily Birnbaum of The Hill reports that “West Virginia House committee votes to impeach entire state Supreme Court.”

Nina Golgowski of HuffPost reports that “There’s A Lot Of Drama Right Now With The West Virginia Supreme Court; Four of the judges, accused of misusing nearly $4 million, face impeachment; One justice has already resigned.”

And Mark Curtis of CBS affiliate WOWK-TV of Huntington, West Virginia reports that “Supreme Court Tour Sealed Justices Fate.”

“Former Nebraska Supreme Court judge is pulled off Sarpy County case because of potential conflict of interest”: Alia Conley of The Omaha World-Herald has an article that begins, “The former Nebraska Supreme Court judge who resigned after a history of making sexual comments no longer will help Sarpy County defend a lawsuit.”

“Brett Kavanaugh’s Nomination Will Backfire on Conservatives if He’s Confirmed”: Law professor Eric Segall has this jurisprudence essay online at Slate.

In Bashman news from Australia: 9News reports that “Thugs brutally bash man in car robbery at ATM.”

“Stop worrying about Kavanaugh, liberals. Start winning the political argument. Addiction to rule-by-judges is undemocratic and, increasingly, a political loser for liberals.” Law professor Samuel Moyn has this essay online at The Washington Post.

“3rd Circuit rules banks can’t push clients out of FINRA arbitration, breaks with 2nd, 9th”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post about a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.

“Beer drinkers lose U.S. appeal over Anheuser-SABMiller merger”: Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.

You can now register online to attend the 2018 Appellate Judges Education Institute Summit taking place this November in Atlanta: The online registration page can be accessed here. And the program schedule can be viewed at this link.

The annual AJEI Summit in my view presents the best, most up-to-date, appellate-focused CLE programming available. Among the sessions that I am looking forward to attending: “Nationwide Injunctions: Are They Good Law? Are They Good Policy?” featuring panelists Samuel Bray and Amanda Frost, moderated by Amy Mil Totenberg; “#MeToo/Best Practices for Appellate Courts to Address Past and Avoid Future Sexual Harassment Claims” featuring panelists Jaime Santos, Erica Mason, and David F. Hamilton; “Supreme Court Preview: What’s on the Plate and (Potentially) Down the Road?: featuring panelists Kannon Shanmugam and Robert Schapiro; “Crossing the Bar in 140 Characters or Less: Should Judges Use Social Media to Engage with the Public?” featuring Stephen Dillard, moderated by Howard Bashman; and “Is Constitutional Law, Law?” featuring panelists Eric Segall, Ernie Young, David Nahmias, and Kevin Newsom.

“Brett Kavanaugh once predicted ‘one race’ in the eyes of government. Would he end affirmative action?” In today’s edition of The Washington Post, Ann E. Marimow has a front page article that begins, “In the spring of 2015, Brett M. Kavanaugh returned to his alma mater in New Haven, Conn., to address the Black Law Students Association. The student who introduced him said Kavanaugh was concerned that African Americans and other minorities were being shut out of coveted clerkships with federal judges like him.”

“The Big Business Court”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

“Reinhardt No Longer Votes from the Grave?” Ed Whelan has this post at National Review’s “Bench Memos” blog.

My most recent related post, from yesterday, can be accessed here.

“Why I Didn’t Sign the Kennedy Clerks’ Letter Supporting Confirmation of Brett Kavanaugh”: Law professor Michael C. Dorf has this essay online at Justia’s Verdict.

And at his blog, “Dorf on Law,” he has a related post titled “How to Retaliate for Garland.”

“Unlikely pair could usher gun rights case to U.S. Supreme Court”: Daniel Trotta of Reuters has this report.

“Supreme Court nominee takes hard line on federal regulations”: Sudhin Thanawala of The Associated Press has this report.

“Harris County judges seek to stop federal order in historic bail lawsuit”: Gabrielle Banks of The Houston Chronicle has this report on a case argued today at the U.S. Court of Appeals for the Fifth Circuit. The Fifth Circuit has posted the audio recording of today’s oral argument online at this link.

“The Gender Effect, Writ Small”: Tonja Jacobi has this post at her “SCOTUS OA” blog.

“California felony-murder law challenge backed by US court”: Bob Egelko of The San Francisco Chronicle has an article that begins, “A federal appeals court cleared the way Monday for a constitutional challenge to California’s broad felony-murder law, which classifies unintentional killings during the commission of an ‘inherently dangerous’ felony as second-degree murder, punishable by up to life in prison.”

My earlier coverage of yesterday’s Ninth Circuit ruling can be accessed here.

“U.S. appeals court wrestles with lawsuit to block border projects in California”: Maura Dolan of The Los Angeles Times has an article that begins, “A federal appeals court appeared uncertain Tuesday whether it had authority to weigh in on a dispute about the Trump administration’s plans to replace border fencing in California.”

And Lee Ross of Fox News reports that “Trump’s proposed border wall sees new courtroom scrutiny.”

The U.S. Court of Appeals for the Ninth Circuit has posted the video of today’s oral argument on YouTube at this link.

“Food retailers ask U.S. Supreme Court to intervene in Argus Leader lawsuit”: Jonathan Ellis of The Sioux Falls Argus Leader has an article that begins, “On a day in which the nation was on the verge of seeing where tens of billions of dollars in taxpayer money is spent in the federal food stamp program, an industry group that represents food retailers made a last-minute plea to the U.S. Supreme Court on Tuesday to stop the information from being made public.”

“With Kavanaugh nomination to Supreme Court, abortion rights are hanging by a thread”: Law professor Erwin Chemerinsky has this essay online at The Sacramento Bee.

“Lake Michigan beach access and ownership issues likely to be appealed to U.S. Supreme Court”: Dan Carden of The Times of Munster, Indiana has this report.

“WV House committee approves 14 articles of impeachment against justices”: Lacie Pierson of The Charleston (W. Va.) Gazette-Mail has an article that begins, “The West Virginia House Judiciary Committee approved 14 articles of impeachment against the four sitting justices of the West Virginia Supreme Court of Appeals on Tuesday.”

According to the report, “The articles of impeachment charge Chief Justice Margaret Workman and Justices Robin Davis, Allen Loughry and Beth Walker with maladministration, corruption, incompetency, neglect of duty and certain high crimes.”

“Sleeper Iowa Supreme Court ruling undermines constitutional protections”: Laura Belin has this post at the “Bleeding Heartland” blog about a 5-to-2 ruling that the Supreme Court of Iowa issued in late June.

Iowa’s highest court was addressing a question of first impression — “Can a defendant raise a defense of qualified immunity to an individual’s claim for damages for violation of * * * the Iowa Constitution?” According to an email that I received from the author of this blog post, “Work by Professor John Jeffries influenced Justice Edward Mansfield, who wrote the majority opinion. Work by Professors William Baude and Joanna Schwartz influenced Justice Brent Appel, who wrote the dissent.”

“Brett Kavanaugh Has His Own ‘Frozen Trucker’ Case; It involves a killer whale”: Terri Gerstein has this jurisprudence essay online at Slate.

“Corpus Linguistics and the Second Amendment: Big Data rekindles the debate over the original meaning of the Second Amendment.” Josh Blackman and James C. Phillips have this post at the Harvard Law Review Blog.

“At rare public event, Supreme Court nominee Brett Kavanaugh previews message of judicial independence”: Richard Wolf of USA Today has this report.

And C-SPAN has posted online a video recorded earlier today titled “Judge Kavanaugh Swearing-in of 11th Circuit Court Judge.”

“S.D. Wins U.S. Supreme Court Tax Case, But State Courts Still Involved”: Victoria Wicks of South Dakota Public Broadcasting has this report.

“California challenges border wall at appeals court”: Brian Melley of The Associated Press has a report that begins, “A federal appeals court will hear arguments Tuesday by the state of California and advocacy groups who contend the Trump administration overreached by waiving environmental reviews to speed construction of the president’s prized border wall with Mexico.”

In at least one recently decided case, the Ninth Circuit appears to have reconsidered its policy of allowing a deceased judge to cast the deciding vote on the outcome of an appeal: You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit at this link.

Back on July 24, 2018, when the Ninth Circuit issued this decision in which a judge who had then been deceased for almost four months cast the deciding vote, I had this post about that ruling.

“Federal court: Mother of Mexican teen shot through border fence can sue U.S. government.” Howard Fischer of The Arizona Daily Star has an article that begins, “A federal appeals court this morning ruled the mother of a teen shot by a Border Patrol agent through the fence has a legal right to sue him and the federal government in U.S. courts for damages.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

“Appeals court considers ‘how long is too long’ in challenge to Guantanamo detention”: Ann E. Marimow and Missy Ryan of The Washington Post had this article back in March 2018.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued this decision affirming a federal district court’s rejection of the detainee’s habeas petition.