“Supreme Court Report: How Did the Third Circuit Fare in the 2018-2019 Term?” This month’s installment of my “Upon Further Review” column will appear in tomorrow’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.
“The Solicitor General and the Shadow Docket”: Law professor Stephen I. Vladeck has posted this essay, forthcoming in the Harvard Law Review, online at SSRN.
“Oral Argument Summary: Trump v. House Oversight Committee.” Vishnu Kannan and Margaret Taylor have this post at the “Lawfare” blog.
“Robert Bork’s America is Becoming Donald Trump’s America”: Elliot Mincberg has this post at the “Take Care” blog.
“Pipeline for Female Supreme Court Advocates Shows Some Cracks”: Jake Holland of Bloomberg Law has this report.
“Carter’s Quiet Revolution: President Jimmy Carter’s diversification of the judiciary is one of the most important and least acknowledged achievements in presidential history; And it’s in danger.” Mark Joseph Stern has this jurisprudence essay online at Slate.
“Rise of the Know-Nothing Judge: The Fifth Circuit may be poised to accept a ridiculous argument against the Affordable Care Act.” Law professor Nicholas Bagley has this essay online at The Atlantic.
“SC customers now are paying millions of dollars more to shop online”: Maayan Schechter has this front page article in today’s edition of The State of Columbia, South Carolina.
“NC gerrymandering trial begins. It will have major implications for 2020 and beyond.” Will Doran of The News & Observer of Raleigh, North Carolina has this report.
And on today’s broadcast of NPR’s “Morning Edition,” Jeff Tiberii of North Carolina Public Radio had an audio segment titled “North Carolina Gerrymandering Trial Could Serve As Blueprint For Other States.”
“Trump and the U.S. Constitution: Both Fusionist.” John O. McGinnis has this post at the “Law & Liberty” blog.
“Kicked Off the Land: Why so many black families are losing their property.” Lizzie Presser has this article in the July 22, 2019 issue of The New Yorker.
“Federal appeals court faults Baltimore police for gag orders, calls practice unconstitutional ‘hush money'”: Tim Prudente of The Washington Post has this report.
Edward Ericson Jr. of Courthouse News Service reports that “Baltimore Police Cannot Condition Brutality Settlements on Gag Orders.”
You can access Thursday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
“The Trump administration’s incompetence just blocked a major victory by the religious right; The government still has to follow the law, even if it thinks God is on its side”: Ian Millhiser has this essay online at ThinkProgress.
“Your View by Pa. woman who won Supreme Court case: It’s my farm but it’s everybody’s Constitution.” Rose Mary Knick has this essay online at The Morning Call of Allentown, Pennsylvania.
“Trump’s lying lawyers are doing permanent damage to the Justice Department”: Ian Millhiser has this essay online at ThinkProgress.
“U.S. battle over partisan electoral maps to face major test in North Carolina”: Joseph Ax of Reuters has an article that begins, “After the U.S. Supreme Court ruled federal judges cannot curb partisan gerrymandering, reform advocates vowed to take their fight to state courts that retain the power to police the practice of drawing electoral lines for political advantage.”
“On the Road, Police Power Has Few Limits. Officers have wide discretion when they pull over motorists. And the courts keep giving them more.” Law professor Sarah A. Seo has this article online at The Atlantic.
“Clarence Thomas: From ‘Black Panther Type’ To Supreme Court’s Conservative Beacon.” Nina Totenberg of NPR has this report.
“Republicans ready to dive off a cliff on Obamacare; GOP senators hope the courts strike down the health law — even if they have no plan to deal with the ensuing chaos”: Burgess Everett of Politico has this report.
“The Battle for Health Care: The latest Republican effort to destroy the Affordable Care Act appears likely to reach the Supreme Court in the heat of the 2020 Presidential race.” Amy Davidson Sorkin will have this Comment in the Talk of the Town section of the July 22, 2019 issue of The New Yorker.
“Appeals court challenges Trump’s bid to block congressional subpoena to Mazars USA accounting firm”: Spencer S. Hsu and Ann E. Marimow have this article in today’s edition of The Washington Post.
Brent Kendall of The Wall Street Journal reports that “Appeals Court Questions Trump Effort to Block Subpoena for Financial Records; House Oversight Committee has sought statements and other records from Mazars, Trump’s longtime accounting firm.”
Andrew M Harris and Bob Van Voris of Bloomberg News report that “Trump’s Fight to Shield Finances Faces Skepticism in Court.”
Josh Gerstein of Politico reports that “House likely to win at D.C. Circuit on subpoena for Trump financial records.”
Jacqueline Thomsen of The Hill reports that “Judges appear deeply skeptical of Trump arguments against financial records subpoena.”
You can access the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit via this link.
“Justice Department Chiefs Can’t Get Enough of the Patron Saint of the Rule of Law; Robert H. Jackson is the rare figure whose reputation transcends partisanship”: Sadie Gurman of The Wall Street Journal has this report.
“Kim Reynolds: ‘We’ve moved the needle from left to right’ on Iowa’s Supreme Court.” Stephen Gruber-Miller of The Des Moines Register has this report.
“The Growing Toll of the Global Gag Rule: A new study shows abortions actually go up when the U.S. pulls funding from NGOs offering abortion referrals; That’s only one way underserved populations suffer.” Melody Schreiber has this article online at The New Republic.
“A Father, a Daughter, and the Attempt to Change the Census: How Stephanie Hofeller’s estrangement from her family may have altered American political history.” Charles Bethea has this post online at The New Yorker.
“Trump asks Supreme Court to OK border wall building”: Stephen Dinan of The Washington Times has this report.
“Appeals Court Upholds Decision Barring Trump Birth-Control Exemptions; Ruling finds employers can’t withhold contraception coverage, in fresh blow to administration’s deregulatory push”: Michelle Hackman of The Wall Street Journal has this report.
Nate Raymond of Reuters reports that “U.S. appeals court blocks Trump administration birth control exemptions.”
And Jessie Campisi of The Hill reports that “Appeals court blocks Trump administration birth control rules.”
You can access today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
“Trump’s Fight to Shield His Finances Faces Skepticism in Court”: Andrew M Harris and Bob Van Voris of Bloomberg News have this report.
And in commentary, online at ThinkProgress, Ian Millhiser has an essay titled “Trump’s lawyers just had a terrible, horrible, no good, very bad morning; Turns out, the rule of law still applies to the president.”
“John Roberts’ argument for saving Obamacare helping power legal challenge”: Joan Biskupic of CNN has this report.
“Some say ‘it’s time’ for person of color on Delaware Supreme Court”: Cris Barrish of WHYY has this report.
“On an often unpredictable Supreme Court, Justice Gorsuch is the latest wild card”: David G. Savage of The Los Angeles Times has this report.
“Why Pence spiked a Trump judge: The rare split between the president and his loyal sidekick offers a window into the vice president’s independent political ambitions.” Eliana Johnson of Politico has this report about efforts to fill a fleeting Seventh Circuit vacancy.
“Acosta Resigns as Labor Secretary over Epstein Plea Deal”: Annie Karni of The New York Times has this report.
John Wagner of The Washington Post reports that “Alex Acosta resigns as labor secretary amid intense scrutiny of his handling of Jeffrey Epstein case.”
And in earlier commentary, online at Slate, yesterday Dahlia Lithwick had a jurisprudence essay titled “How Alex Acosta Got Away With It: The only way the labor secretary could give Jeffrey Epstein that 2008 plea deal is by ignoring victims.”
And online at The New Yorker, Margaret Talbot had a post titled “The Judicial System Finally Catches Up to Jeffrey Epstein.”
“Trump’s cave on Census stuns allies”: Jonathan Swan of Axios has this report.
“Oregon school district’s restroom policy for transgender students goes before 9th Circuit”: Maxine Bernstein of The Oregonian has this report.
The U.S. Court of Appeals for the Ninth Circuit has posted online on YouTube at this link the video of yesterday’s oral argument in Parents for Privacy v. Barr, No. 18-35708.