Programming note: On Wednesday, I will be traveling to Atlanta, where the 2018 Appellate Judges Education Institute Summit will begin on Thursday. As a result, additional posts will appear here on Wednesday afternoon.
As always while I am traveling, more frequent appellate-related retweets will appear on this blog’s Twitter account.
“Ohio Supreme Court: Democrats break Republican lock, pick up two seats.” Anne Saker of The Cincinnati Enquirer has this report.
And Olivia Shackleton of The Cleveland Plain Dealer reports that “Michael Donnelly and Melody Stewart ahead in Ohio Supreme Court election.”
“Incumbent Michigan Court Justices Wilder, Clement leading in early returns”: Oralandar Brand-Williams of The Detroit News has this report.
“Democrat Anita Earls claims victory in NC Supreme Court race”: Will Doran of The News & Observer of Raleigh, North Carolina has an article that begins, “Anita Earls, the Democratic candidate for a seat on the North Carolina Supreme Court, claimed victory just after 10:30 p.m. Tuesday.”
“Kavanaugh May Hold Key Vote in His First Death Penalty Case”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Kavanaugh joins liberals in tough questions on execution plans for man with rare condition.”
Jess Bravin of The Wall Street Journal reports that “Kavanaugh Questions Death-Penalty Method in Missouri Case; New, conservative justice has probing queries on ‘gruesome and brutal pain.’”
Richard Wolf of USA Today reports that “Supreme Court troubled by planned use of lethal injection to execute prisoner with rare condition.”
Jessica Gresko of The Associated Press reports that “Missouri death penalty case seems to turn on Kavanaugh vote.”
Lawrence Hurley of Reuters reports that “Kavanaugh in focus as U.S. high court weighs death case.”
And Greg Stohr of Bloomberg News reports that “Supreme Court Justices Question Lethal Injection of Missouri Man.”
You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Bucklew v. Precythe, No. 17-8151.
“Judges vs. Telepathists: Are the Supreme Court Justices all textualists now?” This editorial will appear in Wednesday’s edition of The Wall Street Journal.
“Ginsburg writes first opinion of Supreme Court term, about age discrimination”: Robert Barnes of The Washington Post has this report.
David G. Savage of The Los Angeles Times reports that “Supreme Court rules federal ban on age discrimination covers all state and local governments.”
And Richard Wolf of USA Today reports that “Supreme Court says state and local governments can be sued for age discrimination regardless of size.”
“Philly’s foster-care discrimination case goes to federal appeals court”: Julia Terruso of The Philadelphia Inquirer has an article that begins, “Philadelphia’s Department of Human Services was back in court Tuesday, defending its refusal to contract with a Catholic foster-care agency that won’t work with LGBTQ parents.”
“Sixth Circuit Judge Explores ‘Imperfect’ Approach to Constitutional Law”: Evan Ribot of the University of Chicago Law School has this report.
“Veteran SCOTUS litigator calls out SG for ‘sloppy’ brief in U.S.S. Cole terror case”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Hovercraft case could have broad impacts on Alaska hunting, fishing rights”: Tom Kizzia of The Anchorage Daily News has this report.
Lawrence Hurley of Reuters reports that “Alaska’s moose-hunting hovercraft pilot returns to U.S. top court.”
The Associated Press reports that “Justices sound favorable to Alaska hunter with hovercraft.”
And Andrew Westney of Law360 reports that “Justices Puzzle Over Gov’t Reach In Alaska Hovercraft Case” (subscription required for full access).
You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Sturgeon v. Frost, No. 17-949.
“Justices Seem to Support Virginia’s Uranium Mining Ban”: Adam Liptak has this article in today’s edition of The New York Times.
In today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court questions how to discern Virginia’s intent in uranium mining ban.”
Richard Wolf of USA Today reports that “Supreme Court torn over industry efforts to mine the largest uranium deposit in United States.”
Jessica Gresko of The Associated Press reports that “Justices skeptical of argument to overturn Va. mining ban.”
Andrew Chung of Reuters reports that “Supreme Court mulls Virginia ban on mining biggest U.S. uranium deposit.”
And Greg Stohr of Bloomberg News reports that “Supreme Court Justices Grapple With Virginia Uranium-Mining Ban.”
You can access at this link the transcript of yesterday’s U.S. Supreme Court oral argument in Virginia Uranium, Inc. v. Warren, No. 16-1275.
“U.S. Supreme Court death penalty case puts Kavanaugh on the spot”: Lawrence Hurley of Reuters has this report.
Access today’s ruling of the U.S. Supreme Court in an argued case: Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court (Justice Brett M. Kavanaugh not participating) in Mount Lemmon Fire Dist. v. Guido, No. 17-587. You can access the oral argument via this link.
“Brett Kavanaugh Has Refused to Run Interference for Trump in Three Key Early Rulings. Why?” Mark Joseph Stern has this jurisprudence essay online at Slate.