In today’s mail: I received a copy of law professor Lawrence Lessig‘s new book, “Fidelity & Constraint: How the Supreme Court Has Read the American Constitution.”
Posted at 4:42 PM by Howard Bashman|
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Friday, May 10, 2019
In today’s mail: I received a copy of law professor Lawrence Lessig‘s new book, “Fidelity & Constraint: How the Supreme Court Has Read the American Constitution.” Posted at 4:42 PM by Howard Bashman“Watching for the Supreme Court to set the terms for the eventual Roe v. Wade showdown”: Joan Biskupic of CNN has this report. Posted at 3:25 PM by Howard Bashman“Why the Golden State Killer May Keep California’s Death Penalty Alive”: Tim Arango has this article in today’s edition of The New York Times. Posted at 1:16 PM by Howard Bashman“Reflections Of An Editor Emeritus: Above The Law, 2006-2019; As I hang up my keyboard as an active ATL editor, I reflect upon the site and its evolution over time.” David Lat recently had this post at “Above the Law.” Posted at 1:10 PM by Howard BashmanIan Samuel has resigned his employment as an Associate Professor of Law at the Maurer School of Law of Indiana University Bloomington: Samuel has posted his letter of resignation on Twitter at this link. Posted at 1:07 PM by Howard Bashman“Document: Petition for En Banc Rehearing in McKeever v. Barr.” Mikhaila Fogel has this post at the “Lawfare” blog. Posted at 11:48 AM by Howard Bashman“John Paul Stevens Worries About the Court: A retired Supreme Court justice wants his former colleagues to adhere to precedent and the president to comply with subpoenas.” Jess Bravin of The Wall Street Journal has this report. Posted at 11:44 AM by Howard Bashman“Suspense builds for Supreme Court moves on abortion, LGBT cases”: Jacqueline Thomsen of The Hill has this report. Posted at 10:42 AM by Howard Bashman“Jessica Wagner ’15 Will Clerk for Supreme Court Justice Alito”: Eric Williamson of the University of Virginia School of Law has this report. Posted at 10:35 AM by Howard Bashman“Judge: Wendi Adelson doesn’t have to give defense deposition.” Karl Etters of The Tallahassee Democrat has this report. And in related coverage, earlier this week, Etters had an article headlined “One continuance in Dan Markel trial denied, another still in limbo.” Posted at 8:52 AM by Howard Bashman“Justice John Paul Stevens Talks History, His New Book, And Pingpong”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.” NPR’s web page for the segment also contains a link to this YouTube video of the retired Justice playing ping-pong. Posted at 8:45 AM by Howard Bashman“Federal judges have a way to make investigations disappear”: Mark Sherman of The Associated Press has a report that begins, “The fastest way for federal judges facing investigation by their peers to make an inquiry go away is to utter two words: ‘I quit.'” Posted at 8:40 AM by Howard BashmanThursday, May 9, 2019
“Chief Justice John Roberts is under tremendous pressure”: Elizabeth Wydra has this essay online at CNN. Posted at 10:58 PM by Howard Bashman“Anger Erupts in Alabama Senate Over Abortion Bill; Bill would make it a felony for doctors to perform an abortion at any point during pregnancy”: Arian Campo-Flores of The Wall Street Journal has this report. Brian Lyman of The Montgomery Advertiser reports that “Abortion bill delayed as Alabama Senate falls into chaos.” And Mike Cason of Alabama Media Group reports that “Chaos erupts as Alabama Senate strips rape exception from abortion ban, delays vote.” Posted at 10:16 PM by Howard Bashman“Trump overhauls crucial U.S. appeals courts at record pace: ‘It’s a generational change.'” Alex Swoyer of The Washington Times has this report. And Tim Ryan of Courthouse News Service reports that “Senate Confirms Back-to-Back Second Circuit Judges.” Today, the U.S. Senate voted to confirm Michael H. Park to the U.S. Court of Appeals for the Second Circuit by a vote of 52-to-41. Posted at 10:06 PM by Howard Bashman“Supreme Court replaces 6 of 9 members of Judicial Investigation Commission”: Phil Kable of The Charleston (W. Va.) Gazette-Mail has an article that begins, “A year after investigating four state Supreme Court justices over allegations of violations of judicial ethics, six of nine members of the Judicial Investigation Commission have been replaced, Supreme Court spokeswoman Jennifer Bundy confirmed Thursday.” Posted at 8:30 PM by Howard BashmanThings not to say at oral argument? — “Your Honor, I know that you’re not intending to try to humiliate me by that tone.” A reader has emailed to draw to my attention the audio recording of a very interesting oral argument in a noteworthy case that the U.S. Court of Appeals for the Fourth Circuit conducted on Tuesday. The quote that is the title of this post was spoken by Thomas G. Ward, Deputy Assistant Attorney General, Civil Division at U.S. Department of Justice, in response to a question from Chief Judge Roger L. Gregory. If you listen to the recording beginning around the 37:00 mark, you will hear that Chief Judge Gregory did not sound especially pleased with attorney Ward’s remark. It must have made for a very interesting post-oral argument handshake session. Posted at 8:23 PM by Howard Bashman“Mystery Delays Push Divisive Supreme Court Issues Into Election Year”: Greg Stohr of Bloomberg News has this report, along with a report with Margaret Talev headlined “Trump to Ask Supreme Court to Prevent Nationwide Injunctions.” Posted at 7:18 PM by Howard Bashman“The Supreme Court, the Census Case and the Truth: Will the justices be the administration’s enablers or form a firewall against its lies?” Linda Greenhouse has this essay online at The New York Times. Posted at 8:45 AM by Howard BashmanWednesday, May 8, 2019
“Are Lawyers Citing the Best Cases to Courts?” Scott Fruehwald has this post at the “Legal Skills Prof Blog” about an article titled “Citation Stickiness” forthcoming in the Journal of Appellate Practice & Process by law professors Kevin Bennardo and Alexa Chew. Posted at 10:05 PM by Howard BashmanEleventh Circuit issues 67-page decision addressing the restitution obligations of an individual who pleaded guilty to possessing child pornography: You can access today’s ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. Posted at 9:26 PM by Howard Bashman“Judge throws out lawsuit against Sports Illustrated over 2013 report on OSU football”: Nolan Clay of The Oklahoman had this article back in October 2018. Today, the U.S. Court of Appeals for the Tenth Circuit issued this decision affirming the district court’s entry of summary judgment. Posted at 9:10 PM by Howard Bashman“Trump’s Already Stonewalling Congress. What Happens When The Courts Cross Him, Too? Nixon complied with a Supreme Court ruling that revealed damning information that led to his resignation. It’s not clear what Trump would do in a similar scenario.” S.V. Date of HuffPost has this report. Posted at 8:54 PM by Howard Bashman“Stock trader’s appeal puts illegal FBI media leaks in Supreme Court crosshairs”: Rowan Scarborough has this front page article in today’s edition of The Washington Times. Posted at 8:47 PM by Howard Bashman“Pence slams district court rulings against Trump policies”: Jill Colvin and Mark Sherman of The Associated Press have this report. Posted at 8:44 PM by Howard Bashman“Kim Reynolds signs bill giving governors more power over Iowa Supreme Court selection”: Stephen Gruber-Miller of The Des Moines Register has this report. Posted at 8:42 PM by Howard Bashman“Judge who presided over MS-13 gang cases confirmed by U.S. Senate for federal appeals court; Joseph Bianco secured the confirmation without backing from U.S. Sens. Charles Schumer and Kirsten Gillibrand, the state’s two Democrat senators”: Zachary R. Dowdy of Newsday has this report. Jennifer Bendery of HuffPost reports that “Mitch McConnell Broke From Precedent Again To Confirm A Trump Judge; For the third time in history, the Senate advanced a judicial nominee over the objections of both home-state senators.” Jordain Carney of The Hill reports that “Trump court pick confirmed despite no blue slip from Schumer, Gillibrand.” And Tim Ryan of Courthouse News Service reports that “Senate Confirms Trump Pick for Second Circuit Bench.” Today the U.S. Senate voted to confirm U.S. District Judge Joseph F. Bianco (E.D.N.Y.) to the U.S. Court of Appeals for the Second Circuit by a vote of 54-to-42. Posted at 7:40 PM by Howard Bashman“Clash Between Trump and House Democrats Poses Threat to Constitutional Order”: Adam Liptak has this front page news analysis in today’s edition of The New York Times. Posted at 7:28 PM by Howard Bashman“Judge: Stop unfairly suspending Michigan driver’s licenses.” Back in December 2017, Niraj Warikoo of The Detroit Free Press had an article headlined “A federal judge has issued a preliminary injunction halting the suspension of driver’s licenses in Michigan for people too poor to pay off court debts from traffic tickets, a decision that could impact about 100,000 residents.” Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this decision reversing the district court’s preliminary injunction. Circuit Judge Bernice Bouie Donald once again ends her dissenting opinion with “I dissent!” Posted at 2:05 PM by Howard Bashman“Georgia Just Criminalized Abortion. Women Who Terminate Their Pregnancies Would Receive Life in Prison.” Mark Joseph Stern has this jurisprudence essay online at Slate. Posted at 1:46 PM by Howard Bashman“Clarence Thomas and the Lost Constitution”: City Journal has posted online this new installment of its “10 Blocks” podcast featuring Brian C. Anderson with guest Myron Magnet. Posted at 1:44 PM by Howard BashmanTuesday, May 7, 2019
“Trump Administration Can Keep Sending Asylum Seekers to Mexico, Court Rules”: Miriam Jordan of The New York Times has this report. Brent Kendall and Louise Radnofsky of The Wall Street Journal report that “Federal Appeals Court Allows Trump Back-to-Mexico Asylum Policy to Remain in Effect; Court grants administration’s request to leave policy in place during litigation, stays last month’s ruling by San Francisco judge.” Brian Melley and Elliot Spagat of The Associated Press have a report headlined “Appeals court: Trump can make asylum seekers wait in Mexico.” Tom Hals of Reuters reports that “Appeals court allows U.S. to keep sending asylum seekers to Mexico.” Kartikay Mehrotra of Bloomberg News reports that “Trump Can Force Asylum Applicants to Wait in Mexico, for Now.” Nicole Darrah of Fox News reports that “Appeals court allows Trump administration to send back asylum seekers to Mexico to wait out court process.” Ted Hesson of Politico reports that “Appeals court allows Trump to keep asylum seekers in Mexico, for now.” Jacqueline Thomsen of The Hill reports that “Court says Trump can continue policy requiring asylum seekers to remain in Mexico.” And Adolfo Flores of BuzzFeed News reports that “The Trump Administration Can Continue To Force Asylum-Seekers To Wait In Mexico, A Federal Appeals Court Ruled; The US 9th Circuit allowed the administration to continue its policy while the case makes its way through the appeals process.” You can access today’s per curiam ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 10:50 PM by Howard Bashman“Justice Brett Kavanaugh says judges ‘owe our allegiance to the Constitution'”: Joan Biskupic of CNN has this report. Posted at 10:00 PM by Howard Bashman“Gillibrand says she’ll only pick judges who back Roe v. Wade”: Will Weissert of The Associated Press has this report. Posted at 9:51 PM by Howard Bashman“Kavanaugh Warns Technology Will Force Re-Examination of Rights, War Powers; In remarks at conference, newest Supreme Court justice also alludes to his work in rebuilding reputation for collegiality, judicial temperament”: Jess Bravin of The Wall Street Journal has this report. Posted at 6:40 PM by Howard Bashman |
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