“Conservatives Have a New Defense for Anti-Gay Discrimination; How Justice Kagan’s invocation of the plain language of the law has come under attack”: Law professor Andrew Koppelman has this essay online at The American Prospect.
“Dan Markel murder: Jury deadlocked at 10-2 in Katherine Magbanua mistrial.” Earlier this month, Karl Etters of The Tallahassee Democrat had an article that begins, “Katherine Magbanua narrowly escaped being convicted in Dan Markel’s murder by a hung jury deadlocked in a 10-2 vote in favor of guilty.”
“Another potentially awkward holiday for Trump and Roberts”: Ariane de Vogue of CNN has this report.
Earlier this month, Sixth Circuit Judge Raymond M. Kethledge delivered the 15th annual Hayek Lecture to NYU School of Law’s Classical Liberal Institute: The title of Judge Kethledge’s talk was “Hayek and the Rule of Law: Implications for Unenumerated Rights and the Administrative State.”
The text of the speech will appear as an essay in an upcoming issue of the NYU Journal of Law & Liberty, and you can access text of the essay online at this link.
“Has there been a leak from the Supreme Court in Bostock? Is Justice Gorsuch going to vote with Justice Kagan?” Josh Blackman has this post at “The Volokh Conspiracy.”
“Supreme Court Acts in Campaign Finance and Libel Cases; The court also turned away an appeal from Adnan Syed, whose case was the subject of the first season of the podcast ‘Serial'”: Adam Liptak of The New York Times has this report.
“Brett Kavanaugh Is Ready to Join the Supreme Court’s Conservatives to Tear Down Key Federal Regulations”: Mark Joseph Stern has this jurisprudence essay online at Slate.
“Supreme Court Temporarily Blocks Disclosure of Trump’s Financial Records; The court set a brisk briefing schedule in the case, which concerns a subpoena from a House committee”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court blocks House committee from immediately reviewing Trump’s financial records.”
Brent Kendall of The Wall Street Journal reports that “Supreme Court Suspends House Subpoena Seeking Trump’s Financial Information; High court now likely to consider case that strikes at heart of the U.S. Constitution.”
Kevin McCoy and Richard Wolf of USA Today report that “Supreme Court temporarily blocks access to Trump’s tax, financial records while more legal papers filed.”
Alex Swoyer of The Washington Times reports that “Supreme Court shields Trump financial records from House Democrats’ subpoena.”
Mark Sherman of The Associated Press reports that “Supreme Court shields Trump’s financial records for now.”
Lawrence Hurley of Reuters reports that “U.S. Supreme court extends block on Trump financial records dispute.”
Greg Stohr of Bloomberg News reports that “Supreme Court Signals Quick Action on Trump Financial Records.”
Pete Williams of NBC News reports that “Supreme Court blocks subpoena for Trump financial records; The ruling blocks a House subpoena directing Trump’s accounting firm to turn over financial documents, giving the president a temporary legal victory.”
Ariane de Vogue of CNN reports that “Supreme Court blocks House from receiving Trump financial records for now.”
Darren Samuelsohn of Politico reports that “Supreme Court blocks Trump’s financial records from immediate release; The decision is a win for Trump, and comes after a lower court ruled in favor of releasing the records.”
Todd Ruger of Roll Call reports that “Supreme Court stops House subpoena for Trump financial records; Case could reshape limits for impeachment and other investigations into a sitting president.”
And John Kruzel of The Hill reports that “Supreme Court stays House subpoena for Trump financial records.”
You can access this evening’s order of the U.S. Supreme Court at this link.
“Supreme Court, Ducking Major Confrontation Over Campaign Finance Limits for Now, Reverses 9th Circuit Ruling Upholding Alaska Campaign Contribution Limits”: Rick Hasen has this post at his “Election Law Blog.”
“Ginsburg at High Court for Music Program After Health Scare”: Greg Stohr of Bloomberg News has this report.
“Supreme Court re-enters debate on money in politics by vacating decision on Alaska contribution limits”: Richard Wolf of USA Today has this report.
You can access today’s per curiam ruling of the U.S. Supreme Court in Thompson v. Hebdon, No. 19-122, at this link.
“Kavanaugh Joins Gorsuch in Fight To Revive Nondelegation Doctrine; An important development in the legal wrangling over the separation of powers”: Damon Root has this post online at Reason.
At “The Volokh Conspiracy,” Jonathan H. Adler has a post titled “Justice Kavanaugh on Delegation and Major Questions; The Supreme Court will not rehear Gundy v. United States, but Justice Kavanaugh seems ready to revisit the doctrine.”
And also at “The Volokh Conspiracy,” Josh Blackman has a post titled “Justice Kavanaugh: There is Already a Nondelegation/’Major Question’ Case on the Court’s Docket; The DACA cases squarely present the question of whether Congress delegated the authority to resolve such a major question about immigration policy.”
Justice Brett M. Kavanaugh issued a statement respecting the denial of certiorari in Paul v. United States, No. 17-8830.
“Supreme Court lets lawsuit by climate scientist continue against conservative outlets”: Robert Barnes of The Washington Post has this report.
David G. Savage of The Los Angeles Times reports that “Supreme Court allows libel suit by climate scientist who was compared to Jerry Sandusky.”
Lawrence Hurley of Reuters reports that “U.S. Supreme Court lets climate scientist’s defamation claim proceed.”
John Kruzel of The Hill reports that “Supreme Court refuses to hear case involving climate scientist’s lawsuit.”
And online at National Review, Tobias Hoonhout has a post titled “SCOTUS Denies Petition to Hear National Review v. Mann.”
Justice Samual A. Alito, Jr. issued a dissent from the denial of certiorari in National Review, Inc. v. Mann, No. 18-1451.
“Trump makes his mark on courts amid impeachment storm”: Harper Neidig of The Hill has this report.
“”Serial’ subject Adnan Syed’s murder case will not be heard by Supreme Court”: Wilborn P. Nobles III of The Baltimore Sun has this report.
Karen Zraick of The New York Times reports that “Adnan Syed’s Case, of ‘Serial’ Fame, Is Declined by Supreme Court; The justices left in place a ruling by Maryland’s highest court denying Mr. Syed a new trial in the 1999 killing of Hae Min Lee.”
Mark Sherman and Regina Garcia Cano of The Associated Press report that “Justices reject call for new trial in ‘Serial’ podcast case.”
Andrew Chung of Reuters reports that “U.S. Supreme Court turns away murder case highlighted in ‘Serial’ podcast.”
Devan Cole of CNN reports that “Supreme Court declines to review murder case chronicled in ‘Serial’ podcast.”
Tucker Higgins of CNBC reports that “Supreme Court won’t give Adnan Syed new trial in ‘Serial’ podcast murder case.”
Harper Neidig of The Hill reports that “Supreme Court won’t take appeal for new trial in ‘Serial’ podcast case.”
And in commentary, online at Vox, Ian Millhiser has an essay titled “The Supreme Court will not review the case of Adnan Syed, subject of Serial podcast; Syed claimed his lawyer blew the case.”
You can access today’s Order List of the U.S. Supreme Court at this link.
“Recommendations to Improve the Supreme Court Bar Line; In the short-term, lawyers on the bar line should receive numbered, reserved tickets; In the long-term, the Court should create a lottery for the bar line”: Josh Blackman has this post at “The Volokh Conspiracy.”
“Can Trump Challenge His Impeachment in the Supreme Court? The president has vowed to ask the justices to intercede, but the Constitution and precedents are against him.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.