“Unlimited Donations to Candidates, Coming Soon? Former Solicitor General Paul Clement may get the Supreme Court closer to killing what’s left of campaign-finance limits.” Law professor Richard L. Hasen, author of the “Election Law Blog,” has this essay online at The Atlantic.
“Ginsburg gently pushes back on criticism of the Supreme Court and her fellow justices”: Robert Barnes has this article in today’s edition of The Washington Post.
“Push on to nominate Maricopa’s top prosecutor to state supreme court post”: Howard Fischer of The Arizona Daily Star has this report.
“Kagan speaks of Supreme Court credibility in Spokane”: Nicholas K. Geranios of The Associated Press has this report.
“Reflections on Tushnet, Primus, Gorsuch, and the Law School Curriculum”: Sandy Levinson has this post at the “Balkinization” blog.
“A Tale of Two District Courts: A new phase for the national injunction?” Samuel Bray has this post at “The Volokh Conspiracy.”
“LGBT Discrimination and the Subtractive Moves”: Law professor Andrew Koppelman has posted this paper on SSRN.
“Woman can sue Royal Caribbean over alleged gang rape on Oasis of the Seas, court rules”: Ron Hurtibise of The South Florida Sun Sentinel has this report.
Jerry Iannelli of Miami New Times reports that “Royal Caribbean Knew of Sexual Assault Epidemic on Cruises and Did Nothing, Court Says.”
And at his “Cruise Law News” blog, Jim Walker has a post titled “Appellate Court: Royal Caribbean Knew of Serious Problem of Crime, Including Rape, on its Cruise Ships.”
My earlier coverage of yesterday’s Eleventh Circuit ruling can be accessed here.
“Reading the Constitution, 1787–91: History, Originalism, and Constitutional Meaning.” Saul Cornell has this article in the August 2019 issue of the Law and History Review.
“Executive Discretion and Judicial Deference After the Census Case: The Chief Justice’s Tightrope.” David A. Martin has this post at the “Lawfare” blog.
“Scalia’s challenge: Fiery old writings in a new era of #MeToo; In 1998, Eugene Scalia criticized ‘quid pro quo’ laws designed to hold bad bosses accountable; His writings animated his last Senate confirmation in 2001.” Ian Kullgren and Gabby Orr of Politico have this report.
“U.S. to Resume Executions of Death-Row Inmates; The federal government has not executed an inmate since 2003, a moratorium reversed by the attorney general”: Katie Benner of The New York Times has this report.
Devlin Barrett of The Washington Post reports that “Justice Department plans to restart capital punishment after long hiatus.”
Sadie Gurman of The Wall Street Journal reports that “Federal Government Set to Resume Executions; Attorney general tells Bureau of Prisons to schedule executions of 5 death-row inmates.”
Kristine Phillips of USA Today reports that “Justice Department resumes capital punishment after nearly two decades, orders executions of five inmates.”
Mike Balsamo of The Associated Press reports that “Justice Dept. will execute inmates for first time since 2003.”
Sarah N. Lynch of Reuters reports that “Justice Department resumes use of death penalty, schedules five executions.”
Joe Sobczyk and Greg Stohr of Bloomberg News report that “Barr Orders U.S. to Resume Executions in Some Federal Cases.”
Daniel Arkin of NBC News reports that “AG Barr orders reinstatement of the federal death penalty; Barr also directed the federal government to schedule the executions of five death-row inmates convicted of murder.”
Tammy Kupperman, Ariane de Vogue. and Veronica Stracqualursi of CNN report that “Barr directs federal government to reinstate death penalty, schedule the execution of 5 death row inmates.”
And Jacqueline Thomsen of The Hill reports that “Trump Justice Department to resume federal executions.”
Today, the U.S. Department of Justice’s Office of Public Affairs issued a news release titled “Federal Government to Resume Capital Punishment After Nearly Two Decade Lapse; Attorney General William P. Barr Directs the Federal Bureau of Prisons to Adopt an Addendum to the Federal Execution Protocol and Schedule the Executions of Five Death-Row Inmates Convicted of Murdering Children.”
“Why Justice Thomas Is Wrong about Precedent”: John O. McGinnis has this post at the “Law & Liberty” blog.
“Why this law could be a bigger threat to Roe v. Wade than near-total abortion bans: An Arkansas law is less sweeping than bans on abortion in places like Alabama. It could be more dangerous for Roe v. Wade.” Anna North of Vox has this report.
“This Supreme Court Case Made School District Lines A Tool For Segregation”: Elissa Nadworny had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“Does Dodd-Frank override Morrison v. NAB? Law profs tell SCOTUS no.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Ginsburg Laments SCOTUS Confirmation ‘Dysfunction’ in Senate”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.
“Those allegations, which we must accept as true for present purposes, are enough to establish that the danger of sexual assault in general and of sexual assault on minors in particular was foreseeable, and indeed was known, to Royal Caribbean.” So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit today in an opinion reinstating the lawsuit against Royal Caribbean of a then-minor female who claims she was the victim of such an assault.
Chief Judge Ed Carnes wrote both the panel’s opinion and a special concurrence.
“Federal court dismisses Tennessee’s lawsuit against federal government over refugee resettlement”: Joel Ebert of The Tennessean has this report.
My earlier coverage of today’s Sixth Circuit ruling can be accessed here.
“Justice Ruth Bader Ginsburg On Protecting An Independent Judiciary”: Nina Totenberg had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”
“Pennsylvania high court declines to review Sandusky decision”: Mark Scolforo of The Associated Press has this report.
You can access today’s order of the Supreme Court of Pennsylvania denying review at this link.
“Brett Kavanaugh Not Quite as ‘Evil’ as Promised”: Jason Richwine has this post at National Review’s “The Corner” blog.
No joke — UCSD satirical student newspaper wins Ninth Circuit appeal seeking reinstatement of its lawsuit challenging the elimination of its registered student organization funding: You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
In earlier news coverage, Gary Warth of The San Diego Union-Tribune reported in March 2017 that “Judge dismisses Koala publication lawsuit against UCSD.”
Also in March 2017, Matthew Zamudio of The UCSD Guardian reported that “Judge Dismisses Koala Lawsuit Against UCSD.”
Sixth Circuit holds that Tennessee’s General Assembly lacks standing to bring lawsuit claiming that the federal government violated the Spending Clause and the Tenth Amendment when requiring states to provide Medicaid coverage to eligible refugees: You can access today’s ruling of a unanimous two-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link. Attorney John J. Bursch argued the appeal on behalf of the General Assembly.
“Judge blocks new Arkansas abortion laws just before midnight; Temporary restraining order stops state from enforcing 3 requirements”: Linda Satter has this front page article in today’s edition of The Arkansas Democrat-Gazette.
Andrew DeMillo of The Associated Press reports that “Judge temporarily blocks new Arkansas anti-abortion laws.”
Peter Szekely of Reuters reports that “Federal court blocks Arkansas from enforcing recently passed 18-week abortion ban.”
And Ema O’Connor of BuzzFeed News reports that “Arkansas 18-Week Abortion Ban Was Just Blocked — For Now; The block will only last 14 days before the judge makes a final decision about the law.”
You can access last night’s 159-page temporary restraining order of the U.S. District Court for the Eastern District of Arkansas at this link.
“Meek Mill’s conviction vacated by Pa. Superior Court”: Chris Palmer of The Philadelphia Inquirer has this report.
“The Trump Administration Does Not Support The Total Invalidation of the ACA; DOJ (Quietly) Prefers Justice Thomas’s Approach from Murphy v. NCAA: Only Enjoin the Provisions that Injure the Plaintiffs.” Josh Blackman has this post at “The Volokh Conspiracy.”
“Justice Scalia’s most lasting legacy could be his children”: Sean Higgins of the Washington Examiner has this report.
“White men hold most state supreme court seats, with California as notable exception, report says”: Bob Egelko of The San Francisco Chronicle has this article.
My earlier coverage of the Brennan Center report issued yesterday can be accessed here.
“Justice Ginsburg: ‘I Am Very Much Alive.'” Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
Richard Wolf of USA Today reports that “Supreme Court Associate Justice Ruth Bader Ginsburg, at 86, dreams of serving many more years.”
And Quint Forgey of Politico reports that “Ginsburg opposes 2020 Democrats’ proposals to expand Supreme Court.”
“Death Penalty Continues to Wane in U.S.; Death row’s population down in 2017 for 17th straight year”: Jess Bravin of The Wall Street Journal has this report.
“Investiture of Judge Eric D. Miller”: The U.S. Court of Appeals for the Ninth Circuit has posted this video on YouTube.
“Penn Law’s Wax Says She Has ‘No Plans’ to Leave School”: Stephanie Russell-Kraft of Bloomberg Law has this report.
And Penn Law has posted online the “Statement from Penn Law Dean Ted Ruger on recently reported comments by Professor Amy Wax.”
“Utah Supreme Court finds that state panel was unconstitutionally blocking medical malpractice lawsuits”: Jessica Miller and Benjamin Wood have this front page article in today’s edition of The Salt Lake Tribune.
And Annie Knox of The Deseret News reports that “Utah’s high court tosses hurdle to suing for malpractice.”
You can access last Friday’s ruling of the Supreme Court of Utah at this link.
“Supreme Court legend John Paul Stevens’ Bill Clinton decision set a judicial standard that’s now fading; While many cursed Stevens’ opinion during the Clinton impeachment process, we would be wise to recognize the judicial legend’s good judgment and nonpartisanship today”: Law professor Jed Handelsman Shugerman has this essay online at NBC News.