Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case.
In Daniel v. United States, No. 18–460, Justice Clarence Thomas issued a dissent from the denial of certiorari.
And in Santos v. United States, No. 18–7096, Justice Samuel A. Alito, Jr. issued a dissent, in which Justice Thomas joined, from the Court’s issuance of a GVR.
“Scott v. Harris’s Unpragmatic and Unnecessary Rule of Appellate Jurisdiction”: Bryan Lammon has this interesting post at his “final decisions” blog.
“Roe, Judicial Review, and the Myth of Abortion as a Constitutional Outlier”: Eric Segall has this post at “Dorf on Law.”
“Appeals court finds Trump administration’s move to end DACA ‘arbitrary and capricious'”: Ann E. Marimow and Robert Barnes of The Washington Post have this report.
Nicholas Wu of USA Today reports that “Federal appeals court rules that Trump administration’s termination of DACA was unlawful.”
Stephen Dinan of The Washington Times reports that “Trump loses another round in DACA revocation court battle.”
Tom Hals of Reuters reports that “Second U.S. appeals court rules Trump cannot end protections for ‘Dreamers.’”
Ariane de Vogue of CNN reports that “Another appeals court rules against Trump administration’s rescinding of DACA.”
Brie Stimson of Fox News reports that “DACA ruling by appeals court a setback for Trump administration.”
Jacqueline Thomsen of The Hill reports that “Appeals court rules Trump end of DACA was unlawful.”
And Brad Kutner of Courthouse News Service reports that “Fourth Circuit Rules Against Trump Rollback of DACA.”
You can access Friday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
“Trump Signals GOP Discord on State Abortion Laws; New restrictions have some in the party warning of a political downside”: Gabriel T. Rubin will have this article in Monday’s edition of The Wall Street Journal.
“Abortion Fight or Strong Economy? For G.O.P., Cultural Issues Undercut 2020 Message.” Jonathan Martin and Alexander Burns of The New York Times have this report.
“Trump team convinced court overhaul will drive 2020 win; Aides think judicial appointments galvanize the base, demonstrate the president’s ability to deliver on a campaign promise and will help win over crucial 2020 states”: Nancy Cook and Marianne LeVine of Politico have a report that begins, “The White House is rushing to appoint as many judges as possible before 2020 to give President Donald Trump yet another talking point he can rally on as he stumps for re-election.”
President Trump has even appointed Judge Rushing herself to the Fourth Circuit.
“Trump Says ‘Experts Are Terrible.’ Does the Supreme Court Agree?” Brianne Gorod has this jurisprudence essay online at Slate.
“The Alabama Abortion Law Is a Disaster for Republicans: Banning abortion is unpopular; Banning abortion for rape victims is insanely unpopular.” Will Saletan has this essay online at Slate.
“Mitch McConnell on Judges and the ‘Graveyard’: The Senate leader loves 2017’s tax reform, but it’s reversible; Confirming federal judges isn’t.” Fred Barnes has this essay online at The Wall Street Journal.
“In major shift on abortion, could Kansas become one of the least restrictive states?” Judy L. Thomas of The Kansas City Star has this report.
“The Abortion Fight and the Pretense of Precedent: State legislators have proposed Draconian new laws on the assumption that, when they come before the Supreme Court, they will be used to vanquish Roe v. Wade once and for all.” Jeffrey Toobin will have this Comment in the Talk of the Town section of the May 27, 2019 issue of The New Yorker.
“SCOTUS Wife Ginni Thomas Floated Anti-Fraud Campaign For ‘Questionable’ Precincts”: Tierney Sneed of Talking Points Memo has this report.
“Supreme Court’s Conservative Majority Issues Another Atextual Ruling in a Sovereign Immunity Case”: Law professor Michael C. Dorf has this essay at Justia’s Verdict.
In addition, Dorf has a related post at his “Dorf on Law” blog titled “The Stare Decisis Issue in the State Sovereign Immunity Case (Media Critic Edition).”
“Conservative Group Wants to Bring ‘Brass Knuckles’ Approach to Judicial Fray”: Carl Hulse will have this article in Sunday’s edition of The New York Times.
You can access the organization’s web site at this link.
“Kavanaugh, Collins back in spotlight after Alabama abortion law is signed”: Ariane de Vogue of CNN has this report.
“States’ Abortion Curbs Put Supreme Court to the Test; Will Roe v. Wade be overturned? It may be up to Chief Justice Roberts, Trump appointees.” Brent Kendall and Jess Bravin of The Wall Street Journal have this report.
“Abortion Right Should Be Built on Equality, Not Privacy; Roe v. Wade rests on a wobbly legal foundation; Here’s a firmer one”: Law professor Cass R. Sunstein has this essay online at Bloomberg Opinion.
“The Senate Is Giving Trump Loyalist Judges to Shield Him From the Law”: Dahlia Lithwick has this jurisprudence essay online at Slate.
Programming note: After an enjoyable visit to Pasadena, where earlier today I argued an appeal before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, on Friday I will be traveling home to the Philadelphia area. As a result, new posts will not appear here until Saturday.
As always when I am traveling, appellate-related retweets are much more likely to appear on this blog’s Twitter feed.
“Post-Roe America Won’t Be Like Pre-Roe America. It Will Be Worse. The new abortion bans are harsher than the old ones.” Columnist Michelle Goldberg has this essay online at The New York Times.
“Sixth Circuit Will Not Hear Flint Water Case En Banc”: Lorraine Bailey of Courthouse News Service has this report on an order denying rehearing en banc, and the opinions concurring in and dissenting from that order, that the U.S. Court of Appeals for the Sixth Circuit issued today.
“Unifying Original Intent and Original Public Meaning”: Mike Rappaport has this post at the “Law & Liberty” blog.
“Outgoing Chief Justice Scott Bales Looks Back At Arizona Supreme Court”: This audio segment appeared on today’s broadcast of Phoenix, Arizona’s NPR affiliate KJZZ’s “The Show” with Steve Goldstein.
“Supreme Court is not eager to overturn Roe vs. Wade — at least not soon”: David G. Savage of The Los Angeles Times has this report.
“Alabama Abortion Law Could Make Its Way To The Supreme Court”: This audio segment featuring Nina Totenberg appeared on today’s broadcast of NPR’s “Morning Edition.”
“The Supreme Court should have never intervened on abortion”: Columnist Megan McArdle has this essay online at The Washington Post.
“He named his band the Slants to reclaim a slur. Not everyone approved.” Online at The Washington Post, Diana Michele Yap has this review of Simon Tam’s book, “How an Asian American Troublemaker Took on the Supreme Court.”
“The Supreme Court May Never Be Unanimous Again; Consensus is not required for its legal decisions, but it’s crucial to the court’s public reputation”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.
“Senate confirms Trump’s pick for 9th Circuit Court over objections of Feinstein and Harris”: Sarah D. Wire of The Los Angeles Times has this report.
Bob Egelko of The San Francisco Chronicle reports that “Trump pick for SF-based Ninth Circuit survives inflammatory college writings.”
Alex Swoyer of The Washington Times reports that “Trump judicial nominee confirmed to 9th Circuit Court over Democratic objections.”
Brie Stimson of Fox News reports that “Senate confirms Trump pick to 9th Circuit — but Dems Feinstein, Harris oppose fellow Californian.”
Jordain Carney of The Hill reports that “Senate confirms controversial 9th Circuit pick without blue slips.”
Jennifer Bendery of HuffPost reports that “Senate Confirms Trump Court Pick Who Once Called Sexism Claims ‘Irrelevant Pouting’; Every Republican present voted to make Kenneth Lee, 43, a lifetime federal judge.”
And yesterday, the public information office of the U.S. Court of Appeals for the Ninth Circuit issued a news release titled “Senate Confirms L.A. Attorney Kenneth Kiyul Lee to Seat on Ninth Circuit Court of Appeals.”
Yesterday, the U.S. Senate voted to confirm Kenneth K. Lee to the Ninth Circuit by a vote of 52-to-45.
“Senate’s Churn of Confirmations Brings Complaints of a ‘Legislative Graveyard'”: In today’s edition of The New York Times, Emily Cochrane and Catie Edmondson have an article that begins, “The Senate confirmed its 40th circuit court judge on Wednesday, filling nearly a quarter of the circuit court system with conservative appointments under President Trump.”
“Is the Hyatt Decision Bad Originalism?” Michael Ramsey has this post at “The Originalism Blog.”
“John Roberts has voted for restrictions on abortion. Will he overturn Roe v. Wade?” Joan Biskupic of CNN has this report.
“Trying to pry apart a lawyer’s representational actions from those of his client is like trying to separate Mark Twain from Samuel Clemens.” So writes Sixth Circuit Judge Jeffrey S. Sutton in an interesting concurring opinion issued today.
“Title IX investigation ends with IU Maurer professor’s departure”: Marilyn Odendahl of The Indiana Lawyer has this report.