“Appellate Judge Says Javier Ortiz Used Excessive Force, Violated Constitution”: Jessica Lipscomb of Miami New Times has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
“Case of Sherwood HS junior expelled for ‘hit list’ goes before federal appeals court”: Maxine Bernstein of The Oregonian had this article back in October 2018.
Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this per curiam opinion affirming the district court’s rejection of the the student’s lawsuit challenging the expulsion.
“We address a question of first impression: whether a criminal defendant has the Sixth Amendment right to demand that counsel not present an insanity defense.” So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
“Federal court reverses injunction blocking portion of Indiana abortion law”: The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Circuit Judge Frank H. Easterbrook issued the majority opinion, in which Circuit Judge Michael Y. Scudder, Jr. joined. Circuit Judge David F. Hamilton issued a dissenting opinion.
“Alabama-Coushatta tribe fights for right to a gaming center — again”: Emily Foxhall of The Houston Chronicle had this article back in February 2018.
Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this opinion ruling against the Native American tribe.
“Bayer cannot litigate Essure injury lawsuit in federal court — 4th Circuit”: Nate Raymond of Reuters has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
“Appeals court reinstates lawsuit filed by former polygamous sect members against their old lawyers”: Nate Carlisle of The Salt Lake Tribune has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today.
“U.S. attorney says WV Supreme Court investigation over”: The Charleston Gazette-Mail has this report.
The U.S. Attorney’s Office for the Southern District of West Virginia today issued a news release titled “U.S. Attorney’s Office Concludes Investigation into West Virginia Supreme Court of Appeals.”
“Will the Supreme Court Save This Movie Producer From 15 Years in Prison?” Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter. You can view the petition for writ of certiorari at this link, and the U.S. Supreme Court‘s docket in the case can be accessed here.
“How the Supreme Court weakened Congress on emergency declarations”: Law professor Richard H. Pildes has this essay online at The Washington Post.
“Court wrestles with law banning foreign donations”: Josh Gerstein of Politico has this blog post about a case argued today in the U.S. Court of Appeals for the Ninth Circuit. You can view the oral argument video on YouTube via this link.
“Justice Ruth Bader Ginsburg, an unlikely fitness role model”: Ariane de Vogue of CNN has this report.
“Ruth Bader Ginsburg Is Target of Anti-Semitic Graffiti in New York”: Michael Gold of The New York Times has this report.
Isaac Stanley-Becker of The Washington Post reports that “Ruth Bader Ginsburg poster vandalized with anti-Semitic profanity, swastika in Brooklyn.”
Clayton Guse of The New York Daily News reports that “NYC subway ad featuring Ruth Bader Ginsburg defiled with swastika, hate speech.”
Craig McCarthy of The New York Post reports that “Anti-Semitic graffiti found on Ruth Bader Ginsburg poster.”
And New York City’s NBC4 reports that “NYPD Hate Crimes Unit Investigating Vile Defacing of Ruth Bader Ginsburg Poster in Brooklyn.”
“Here’s Where Republicans Are Drawing The Line For Trump’s Controversial Judicial Nominees: Inflammatory college writings? Sometimes a problem, sometimes not. Poor performance in the Senate? No go. Accusations of racism? It depends.” Zoe Tillman of BuzzFeed News has this report.
“What Now?” The seventh (bonus) installment of the “Over My Dead Body” podcast focusing on the murder of law professor Dan Markel has been posted online, and you can access it via this link.
“Trump’s 9th Circuit nominee says he’s sorry for past writings about women and AIDS”: Sarah D. Wire has this article in today’s edition of The Los Angeles Times.
Emma Dumain and Emily Cadei of McClatchy DC report that “Trump pick on track to join California’s 9th Circuit despite Feinstein, Harris opposition.”
Brian Oxenhandler of NBC News reports that “Trump judicial pick addresses writings on HIV, gays at confirmation hearing; Kenneth Lee, who has been nominated to serve on the 9th U.S. Circuit Court of Appeals, came under fire for decades-old writings on race, HIV and LGBTQ issues.”
Trish Turner of ABC News reports that “Trump, ignoring Democratic senators, set to name 2 judges in California.”
Todd Ruger of Roll Call reports that “Another Trump judicial nominee backs away from college writings; Kenneth Lee’s testimony came hours before Senate confirmation of Neomi Rao, who had also backed away from college articles.”
Marianne LeVine of Politico reports that “Trump judicial pick expresses regret for college writings.”
And Sanjana Karanth of HuffPost reports that “Trump Judicial Pick Kenneth Lee Says He ‘Regrets’ Controversial College Writings; Lee said during his Senate confirmation hearing Wednesday he regrets his past writings on AIDS and sexual assault.”
You can access via this link the video of yesterday’s Senate Judiciary Committee confirmation hearing for Ninth Circuit nominees Daniel P. Collins and Kenneth Kiyul Lee.
“Hip-hop wants Supreme Court to rule, again, on when threatening to kill constitutes art”: Eliott C. McLaughlin of CNN has this report.
“The Supreme Court confronts a prosecutor who didn’t know how to quit being racist; Curtis Flowers was tried six times for the same alleged acts, because the same prosecutor keeps screwing up”: Ian Millhiser has this essay online at ThinkProgress.
“Fifth Circuit Tries to Force Supreme Court to Take on Abortion Rights Next Term; In a one-page order issued Wednesday, the conservative Fifth Circuit Court of Appeals upped the ante in the fight over abortion rights in the courts”: Jessica Mason Pieklo of RewireNews has this report.
Two weeks from today, I will be speaking at the 2019 Justice Donald L. Corbin Appellate Symposium, taking place March 28 & 29, 2019 in Fayetteville, AR: You can register to attend via this link.
Kannon Shanmugam will be speaking about the latest developments at the U.S. Supreme Court.
Among the other speakers are federal appellate judges from the Fifth, Sixth, Eighth, and Tenth Circuits and state appellate judges from Arizona, Arkansas, and Minnesota.
You can access the program’s agenda at this link and a complete list of speakers at this link.
“New York appellate court allows Summer Zervos defamation suit against Trump to proceed”: Felicia Sonmez of The Washington Post has this report.
Jennifer Peltz of The Associated Press reports that “‘Apprentice’ contestant’s Trump defamation suit can proceed.”
Jonathan Stempel of Reuters reports that “Trump fails to end ‘Apprentice’ contestant’s lawsuit.”
Erik Larson and Chris Dolmetsch of Bloomberg News report that “Trump Fails to Deter Lawsuit That Could Force His Testimony.”
And Zoe Tillman of BuzzFeed News reports that “An Appeals Court Ruled For The First Time That Trump Can Be Sued In State Court.”
You can access today’s 3-to-2 ruling of the New York State Supreme Court, Appellate Division, First Department at this link.
“Masterpiece Cakeshop & Proof of Religious Hostility in Civil Rights Enforcement”: Joshua Matz has this post at the “Take Care” blog.
“State Supreme Court overturns lower court ruling, says Sandy Hook families can sue gun manufacturer Remington”: Dave Altimari of The Hartford Courant has this report.
Rob Ryser of The Connecticut Post reports that “Supreme Court reinstates Sandy Hook families’ lawsuit against gunmaker.”
Rick Rojas and Kristin Hussey of The New York Times have an article headlined “Sandy Hook Massacre: Gun Makers Lose Major Ruling Over Liability.”
Jacob Gershman of The Wall Street Journal reports that “Manufacturer of AR-15 Can Be Sued Over Sandy Hook Massacre, Court Rules; Connecticut Supreme Court allowed victims’ suit to move forward over its marketing of the gun.”
Dave Collins of The Associated Press reports that “Court rules gun maker can be sued over Newtown shooting.”
Tina Bellon of Reuters reports that “U.S. court rules families can sue gun maker over Sandy Hook shooting.”
Chris Dolmetsch and Erik Larson of Bloomberg News report that “Gun Industry Dealt Blow by Connecticut Court Over Sandy Hook.”
Today’s 4-to-3 ruling of the Supreme Court of Connecticut consists of a majority opinion and a dissenting opinion.
“The Court and the Cross: How far is the Supreme Court willing to open the public square to more overtly religious expression? A pending case may tell us.” Linda Greenhouse has this essay online at The New York Times.
“California Death Penalty Moratorium Sparks Debate; Prosecutor plans to continue pursuing capital punishment, while legislator proposes to abolish it”: Alejandro Lazo and Zusha Elinson will have this article in Thursday’s edition of The Wall Street Journal.
“U.S. Supreme Court asked to enter Montana school tax credit fight”: Phil Drake of The Great Falls Tribune has an article that begins, “An appeal has been filed with the U.S. Supreme Court, asking it to strike down a decision by the Montana Supreme Court that found a tax credit program approved by the 2015 Legislature for private schools violated the state Constitution.”
“Senate GOP confirms Kavanaugh’s replacement, Trump’s 36th pick for powerful appeals courts”: Seung Min Kim of The Washington Post has this report.
Alex Swoyer of The Washington Times reports that “Senate confirms Neomi Rao to Kavanaugh’s seat on D.C. appeals court.”
Melissa Nann Burke of The Detroit News reports that “Senate sends Michigan native Rao to federal bench.”
Matthew Daly of The Associated Press reports that “Senate confirms White House official Rao for appeals court.”
Ariane de Vogue and Ted Barrett of CNN report that “Senate confirms Neomi Rao, controversial judicial nominee, to fill Brett Kavanaugh’s former seat.”
Gregg Re of Fox News reports that “Neomi Rao confirmed to replace Kavanaugh on D.C. Circuit, winning over key pro-life GOP senator.”
Marianne LeVine of Politico reports that “Senate confirms controversial Trump judicial pick to replace Kavanaugh.”
And Jordain Carney of The Hill reports that “Senate votes to confirm Neomi Rao to appeals court.”
This afternoon, the U.S. Senate confirmed Neomi J. Rao to the U.S. Court of Appeals for the D.C. Circuit by a vote of 53-to-46.
“Strict Airbnb rules in Santa Monica upheld by appeals court”: Carolyn Said of The San Francisco Chronicle has this report.
And Edvard Pettersson of Bloomberg News reports that “Airbnb Loses Major Fight Over California City’s Rental Law.”
You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Judges make rules changes to address #MeToo complaints”: Josh Gerstein of Politico has this report.
“Any reasonable officer would know that a citizen who raises her middle finger engages in speech protected by the First Amendment.” So writes Circuit Judge Jeffrey S. Sutton on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in an opinion issued today.
“Appeals court says Ohio’s move to defund Planned Parenthood is constitutional, delivering blow to abortion advocates”: Eric Heisig has this front page article in today’s edition of The Cleveland Plain Dealer.
In today’s edition of The Columbus Dispatch, Jack Torry has a front page article headlined “Federal appeals court upholds Ohio ban on Planned Parenthood funding.”
In today’s edition of The Toledo Blade, Jim Provance has a front page article headlined “Court: Ohio may withhold Planned Parenthood funding.”
Fred Barbash of The Washington Post reports that “Federal appeals court upholds Ohio law stripping Planned Parenthood of funding for wide array of health services.”
Dan Sewell of The Associated Press reports that “Federal appeals court OKs Ohio law aimed at abortion funding.”
Jonathan Stempel of Reuters reports that “Appeals court says Ohio may withhold Planned Parenthood funding.”
Jessica Ravitz of CNN reports that “Ohio can block Planned Parenthood funding, appeals court rules.”
Alice Miranda Ollstein of Politico reports that “Appeals court rules Ohio can defund Planned Parenthood.”
aND Nathaniel Weixel of The Hill reports that “Appeals court upholds Ohio law to defund Planned Parenthood clinics.”
You can access yesterday’s 11-to-6 en banc ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
“Aaron Hernandez’s murder conviction to be reinstated, court rules”: John R. Ellement of The Boston Globe has this report.
Laurel J. Sweet of The Boston Herald reports that “SJC rules Aaron Hernandez’s murder conviction stands; appeal is ‘moot.’”
Jacqueline Tempera of The Republican of Springfield, Massachusetts reports that “Massachusetts’ highest court rules Aaron Hernandez’s first-degree murder conviction must be reinstated.”
And Alanna Durkin Richer of The Associated Press reports that “Court reinstates late Aaron Hernandez’s murder conviction.”
You can access today’s ruling of the Supreme Judicial Court of Massachusetts at this link.
“Getting Over the New Deal with Janus“: Mark Pulliam has this post at the “Law & Liberty” blog.
“The Supreme Court Resuscitates the Eighth Amendment; The justices strike a blow against policing for profit”: Scott Bullock and Nick Sibilla have this essay online at The Atlantic.
“Gov. Gavin Newsom to block California death row executions, close San Quentin execution chamber”: Phil Willon of The Los Angeles Times has this report.
Bob Egelko and Alexei Koseff of The San Francisco Chronicle report that “Gov. Newsom to order halt to California’s death penalty.”
And Sophia Bollag of The Sacramento Bee reports that “Gavin Newsom to stop death penalty in California, giving reprieves to 737 death row inmates.”