“Birthright Citizenship Puts Trump Judges in a Bind: Conservative jurists who believe in interpreting laws based on the text alone won’t like the result they get here.” Law professor Noah Feldman has this essay online at Bloomberg View.
“OT2018 #5: ‘Arbitration Nation.'” You can access today’s new installment of the “First Monday’s podcast, featuring Dan Epps and Leah Litman, via this link.
“U.S Supreme Court justices probe whether Yakama treaty trumps state gas tax”: Phil Ferolito of The Yakima Herald-Republic has this report.
And Marie Schurk of ABC Television affiliate KATU 2 of Portland, Oregon reports that “Yakama Nation chairman denied entry to U.S. Supreme Court hearing over headdress.”
You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Washington State Dept. of Licensing v. Cougar Den, Inc., No. 16-1498.
“From Top Law School Grad to Notorious R.B.G.: The Evolution of a Supreme Court Justice.” In this upcoming Sunday’s edition of The New York Times Sunday Book Review, Linda Greenhouse will have this review of Jane Sherron De Hart’s new book, “Ruth Bader Ginsburg: A Life.”
“South Dakota Supreme Court Justice Steven Zinter dies after surgery complications”: Jonathan Ellis of The Sioux Falls (S.D.) Argus Leader has this report, along with an article headlined “In wake of South Dakota Supreme Court Justice Steven Zinter’s death, what comes next?“
“Hawaii Supreme Court rules in favor of building Thirty Meter Telescope”: Timothy Hurley of The Honolulu Star-Advertiser has this report.
Dennis Overbye of The New York Times reports that “Hawaiian Supreme Court Approves Giant Telescope on Mauna Kea.”
And Jennifer Sinco Kelleher of The Associated Press reports that “Hawaii Supreme Court upholds permit for giant telescope.”
Today’s ruling of the Supreme Court of Hawaii consists of a majority opinion, an opinion concurring in part and concurring in the judgment, and a notice of dissent with opinion to follow.
“Trump’s Birthright Citizenship Proposal Is at Odds With Legal Consensus”: Adam Liptak will have this news analysis in Wednesday’s edition of The New York Times.
“Judging the judges: Legal experts call for more accountability, openness on misconduct complaints.” Ann E. Marimow of The Washington Post has this report.
And Zoe Tillman of BuzzFeed News has a report headlined “The Judiciary Has A Plan To Deal With Sexual Harassment. Law Students, Former Clerks, And Professors Say It’s Not Enough. The judiciary has been updating its rules after a prominent judge was accused of sexual misconduct.”
C-SPAN has posted the video of today’s hearing in two parts, here and here.
“Beth Walker named WV Supreme Court chief justice”: Lacie Pierson has this front page article in today’s edition of The Charleston (W. Va.) Gazette-Mail.
Once she becomes Chief Justice in January, Walker will be (to my knowledge) the first leader of a state’s judiciary who is active on Twitter. And if I understand correctly this recent tweet from Justice Walker, she will be attending next week’s Appellate Judges Education Institute Summit in Atlanta, so I look forward to seeing here there.
Thanks to a previous Chief Justice of West Virginia, I had the pleasure of speaking on a panel at Marshall University in Huntington, West Virginia back in September 2009.
“Appeals judges: Gag order in hog smells cases went too far.” The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
“Ex-Supreme Court Justice Kennedy laments ‘low point in our civic dialogue'”: Bob Egelko of The San Francisco Chronicle has this report.
“With Brett Kavanaugh On The Supreme Court, Liberal Lawyers Shift Strategies; They’re stepping up their coordination and may try to avoid the federal court system altogether”: Amanda Terkel of HuffPost has this report.
“Roberts Will Have Hand on Throttle as Supreme Court Veers Right”: Greg Stohr of Bloomberg News has this report.
“Tyson Timbs, former ‘junkie’ from Marion, is namesake of important U.S. Supreme Court case”: Mark Alesia has this front page article in today’s edition of The Indianapolis Star.
“Google it: Supreme Court tackles class action settlement that left nothing for millions of online customers.” Richard Wolf of USA Today has this report.
In the November 2018 issue of ABA Journal magazine: Mark Walsh has an article headlined “Court to consider challenge to cy pres remedies to settle class actions.”
And Lorelei Laird has the magazine’s cover story headlined “Legal ethics questions and accusations of spying on the defense have stymied a Guantanamo terrorism trial.”
“Liberal Hypocrisy in College Admissions? The legacy system is affirmative action for the privileged.” Columnist Nicholas Kristof had this op-ed in Sunday’s edition of The New York Times.
“In Ill-Timed Brief, Saudi Arabia Seeks to Protect Its Consulates”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court did call for the views of the Solicitor General in two cases.
And in Townes v. Alabama, No. 17-7894. Justice Sonia Sotomayor issued a statement respecting the denial of certiorari.
“American ISIS Suspect Is Freed After Being Held More Than a Year”: Charlie Savage, Rukmini Callimachi, and Eric Schmitt of The New York Times have this report.
“Knowing the 13 Secret Steps into Harvard Doesn’t Make Admission Any Easier; A lawsuit offers a peek into how one of America’s most selective universities picks applicants — which is great if you’re already living in Montana, love the classics and are the best-ever student at your school”: Melissa Korn and Nicole Hong will have this front page article in Monday’s edition of The Wall Street Journal.
“Back at Georgetown Prep, Kavanaugh Is Hailed as a Hero”: Kate Kelly will have this article in Monday’s edition of The New York Times.
“Behind the scenes: Trump’s interview for D.C. circuit court.” Jonathan Swan of Axios has this post.
“Retention ballot to include four Oklahoma Supreme Court justices”: In today’s edition of The Oklahoman, Randy Ellis has a front page article that begins, “From anti-abortion bills to legislation implementing tax hikes and tax cuts, Oklahoma Supreme Court justices often are asked to rule on the constitutionality of bills that are of immense concern to Oklahomans.”
“Keep Arizona’s Supreme Court justices; Junk how we retain them: A low-grade effort against Justices Clint Bolick and John Pelander illustrates the system’s potential threat to an independent judiciary.” Columnist Robert Robb has this essay online at The Arizona Republic.
“Transgender fight could prove major test for Supreme Court”: Lydia Wheeler of The Hill has this report.
“New Mexico Supreme Court judge’s past as police officer returns in campaign”: Andrew Oxford of The Santa Fe New Mexican has this report.
“Family Leader group hints at fight to oust Iowa Supreme Court justices over abortion ruling”: Stephen Gruber-Miller of The Des Moines Register has an article that begins, “A conservative Iowa group that successfully pushed to oust three Iowa Supreme Court justices in 2010 over a decision legalizing same-sex marriage is hinting it could do it again — this time over abortion.”
“Meet the man trying to convince America to swell the Supreme Court”: Matthew Choi of Politico has this report.
“California judges to get $15,000 checks for raises they missed during recession”: Adam Ashton of The Sacramento Bee has an article that begins, “The state of California owes about $40 million in back wages to judges after Gov. Jerry Brown’s administration lost its last appeal in a long-running lawsuit that centers on how it calculated their raises after the recession.”
And David Ettinger has a post titled “Newbie Supreme Court denies review in judicial pay case” at the “At the Lectern” blog.
“The Hysteria about the New Roberts Court”: John O. McGinnis has this post at the “Law and Liberty” blog.
“My day with Sandra Day O’Connor”: Rich Landers has this essay online at The Spokesman-Review of Spokane, Washington.
Back in July 2005, Landers had a column in that newspaper headlined “O’Connor picks wade over row.” Those of you who were reading “How Appealing” back on July 20, 2005 may recall that I originally linked to this very same column that day.
“DOJ looks to silent majority of SCOTUS to shield Trump officials in census battle”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Trump Has Named a Lot of Judges, But Courts’ Ideological Balance Is Slow to Shift; While focus has been on Supreme Court, GOP bid to reshape judiciary at appellate level has mostly made already conservative circuits more so”: Brent Kendall of The Wall Street Journal has this report.
“What Happens When a College’s Affirmative-Action Policy Is Found Illegal: A Supreme Court case found that the University of Michigan was using race in admissions the wrong way; Then the state stepped in, and minority enrollments dropped.” Adam Harris of The Atlantic has this report.