“The Senate Will Be Fine Without the Filibuster; Its constitutional structure already provides protection for political minorities, so the 60-vote custom isn’t essential”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Ginsburg again leaves Supreme Court with an uncertain future”: Law professor Jonathan Turley has this essay online at The Hill.
“Oregon attorney general files brief calling for Supreme Court to uphold non-unanimous juries”: Hillary Borrud of The Oregonian has this report.
You can access Oregon’s amicus brief filed in the U.S. Supreme Court at this link.
“State Supreme Court Justice Daniel Kelly ticketed after car crash sends two to hospital”: Patrick Marley of The Milwaukee Journal Sentinel has this report.
“A Penn Law Professor Wants to Make America White Again”: Isaac Chotiner has this “Q. & A.” post consisting of an interview with law professor Amy Wax online at The New Yorker.
“Supreme Court: Ginsburg treated for tumor on pancreas.” The Associated Press has this report.
The Public Information Office of the U.S. Supreme Court issued this news release today.
“Lawsuit opposing Minnesota same-sex marriage video law is revived”: Jonathan Stempel of Reuters has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued today.
“Coming to Trump’s defense: An unconventional lawyer for an unconventional president.” Ann E. Marimow has this article in today’s edition of The Washington Post.
“7-year Lexington fight over shop’s refusal to make gay pride T-shirts to go before Supreme Court”: Morgan Eads of The Lexington (Ky.) Herald Leader has this report.
“You can’t make this stuff up. We have hair-pulling, wrist-scratching, face-punching, and rock-throwing—all the makings of a good old-fashioned schoolyard scrap. But alas, the combatants in the fracas underlying this Fourth Amendment case were grown-ups — sisters, in fact. Sheesh.” So begins an opinion for the U.S. Court of Appeals for the Eleventh Circuit that Circuit Judge Kevin C. Newsom issued today.
“LAPD Officer Must Face Some Claims in Shooting of Teens”: Martin Macias Jr. of Courthouse News Service has this report.
And at Reason. Billy Binion has a blog post titled “Court Rules Cop Who Shot Unarmed 15-Year-Old Is Protected by Qualified Immunity; The ruling once again shows the legal disgrace that is qualified immunity.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Famed Composer Morricone Gets New Shot at Royalties”: Josh Russell of Courthouse News Service has this report.
And at the “THR, Esq.” blog of The Hollywood Reporter, Ashley Cullins has a post titled “Ennio Morricone Scores Big Appellate Win in Copyright Termination Suit; The composer can reclaim rights for six Italian film scores.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Second Circuit at this link. Law professor Jane Ginsburg served as lead appellate counsel for the prevailing plaintiff-appellant.
“Philip Morris loses appeal in lawsuit over Connecticut smoker’s death”: Nate Raymond of Reuters has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
“Boise officially asks U.S. Supreme Court to hear homeless camping case”: Hayley Harding of The Idaho Statesman has this report.
“Seventh Circuit Guts FTC’s Powers — Setting up Supreme Court Showdown”: Lorraine Bailey of Courthouse News Service has this report.
And at “The Volokh Conspiracy,” Samuel Bray has a post titled “A major decision on the FTC and equitable restitution; The Seventh Circuit reverses course.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Seventh Circuit (which also includes a dissent from the denial of rehearing hearing en banc in which three judges joined) at this link.
“Court rules South Bend abortion clinic to stay open while broader challenge to Indiana laws proceeds”: Caleb Bauer of The South Bend (Ind.) Tribune has this report on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.
“AG Jeff Landry warns of havoc in Louisiana, Oregon if split juries law deemed unconstitutional”: Gordon Russell of The New Orleans Advocate has this report.
You can access the merits brief that Louisiana filed in the U.S. Supreme Court at this link.
“With control of Ohio Supreme Court up for grabs in 2020, Democrat Jennifer Brunner announces run”: Andrew J. Tobias of The Cleveland Plain Dealer has this report.
“Military Lawyer Denied Promotion While Defending Qaeda Suspect; Allies of a former Navy SEAL say the decision to pass him over smacks of retribution over his willingness to stand up to the military tribunal system”: Carol Rosenberg of The New York Times has this report.
“Trump court pick denounced feminists, gay-rights groups and diversity efforts in 1990s, 2000s editorials”: Andrew Kaczynski and Em Steck of CNN have a report that begins, “A White House aide nominated by President Donald Trump for a federal appeals court seat has a history of denouncing women’s marches against sexual assault, dismissing education about multicultural awareness and accusing a major LGBTQ group of exploiting the brutal murder of a gay student for political ends.”
“Whitehouse dismisses conservative criticism over Supreme Court brief”: Patrick Anderson of The Providence (R.I.) Journal has this report.
And Ronn Blitzer of Fox News reports that “Dem senator hit with bar complaint for ‘openly threatening’ Supreme Court.”
“California Supreme Court will hear challenge to state law that requires Trump to release tax returns”: Bob Egelko of The San Francisco Chronicle has this report.
“U.S. Supreme Court judge to give lecture at Rhodes College”: Phillip Jackson of The Commercial Appeal of Memphis, Tennessee has this report.
“The completely ridiculous way that America is still being held hostage by Aaron Burr; Talk less, legislate more”: Ian Millhiser has this essay online at ThinkProgress.
“A Proposal to Change How Democrats Think About the Supreme Court”: Jeffrey Toobin has this post online at The New Yorker.
“The Filibuster Plays a Crucial Role in Our Constitutional Order; Democrats who want to change Senate rules for temporary political gain will rue the day, as they have before”: U.S. Senate Majority Leader Mitch McConnell (R-KY) has this essay online at The New York Times.
Therein, he writes, “So this is the legacy of the procedural avalanche Democrats set off: Justice Neil Gorsuch, Justice Brett Kavanaugh and 43 new lifetime circuit judges — the most ever at this point in a presidency. The consequences of taking Senator Reid’s advice will haunt liberals for decades.”
“Business lobby prods 9th Circuit to revisit decision curbing consumer arbitration”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Wyden, Merkley Send Names to White House for Prestigious Appellate Court Judgeship; Last time around, President Donald Trump ignored Oregon senators and the Senate rejected his nominee”: Nigel Jaquiss of Willamette Week has this report.
And Rebecca Ellis of Oregon Public Broadcasting reports that “White House Considers Four Finalists for Oregon Seat On Appeals Court.”
Yesterday, Oregon’s U.S. Senators sent this letter to the White House.
“Silent Originalism and the Reweighting of Precedent”: John O. McGinnis has this post at the “Law & Liberty” blog.
“Comments Open for Proposed Amendments to Appellate Rule 3(c)”: Bryan Lammon has this post at his “final decisions” blog.
“Court finds Colorado electors were wrongly forced to vote for Hillary Clinton in 2016; 10th Circuit rules in favor of ‘faithless electors’ in case that may reach the Supreme Court”: Justin Wingerter of The Denver Post has this report.
Pete Williams of NBC News has a report headlined “Faithless elector: A court ruling just changed how we pick our president; The decision could give a single elector the power to decide the outcome of a presidential election — if the popular vote results in an apparent Electoral College tie.”
Jesse Paul of The Colorado Sun reports that “Colorado’s presidential electors don’t have to vote for candidate who wins the state, federal appeals court rules; The decision in the ‘faithless electors’ case could have major ramifications for future presidential elections in the U.S. and could ultimately go to the U.S. Supreme Court for review.”
And at his “Excess of Democracy” blog, Derek T. Muller has a post titled “Analysis: 10th Circuit finds Colorado wrongly removed faithless presidential elector in 2016.”
You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.
“Officers’ Immunity for Shooting Armed Suspect Left to Jury”: Bernie Pazanowski of Bloomberg Law has this report (subscription required for full access) on an 11-to-7 en banc ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
Last night, while technical difficulties were precluding me from making new posts here, I had this Twitter thread about the ruling.
And at “The Volokh Conspiracy,” Josh Blackman has a post titled “The Fifth Circuit Divides on Qualified Immunity, and Originalism.”
“Differences between Trump, Obama administrations at heart of Supreme Court cases”: Robert Barnes has this article in today’s edition of The Washington Post.
“Women ask Supreme Court to toss topless ban: Why are rules different for men? Their rallying cry is ‘Free the Nipple,’ a global motto for females seeking equal treatment.” Pete Williams of NBC News has this report.
And Bea Lewis of The Union Leader of Manchester, New Hampshire reports that “NH ‘Free the Nipple’ activists ask U.S. Supreme Court to weigh in on topless sunbathing.”
You can view the petition for writ of certiorari in the New Hampshire case at this link.
“Politics, Identity, and Class Certification on the U.S. Courts of Appeals”: Law professors Stephen B. Burbank and Sean Farhang have posted this article on SSRN.
The article’s abstract begins, “This article draws on novel data and presents the results of the first empirical analysis of how potentially salient characteristics of Court of Appeals judges influence precedential lawmaking on class certification under Rule 23.”