“Chief Justice Mark Cady, who wrote the opinion affirming right to same-sex marriage in Iowa, dies at 66”: Anna Spoerre and Daniel P. Finney of The Des Moines Register have this report.
In addition, Anna Spoerre of The Des Moines Register has an article headlined “‘He leaves behind a legacy of service and dedication that we should never forget’: Iowa’s leaders remember Chief Justice Mark Cady.”
David Pitt of The Associated Press reports that “Iowa Supreme Court Chief Justice Mark Cady dies unexpectedly.”
And the Iowa Judicial Branch has posted online a news release titled “Iowa Judicial Branch Mourns the Passing of Chief Justice Cady” and these remembrances from others.
“Court Stops Execution of Rodney Reed in Texas After Outcry; Mr. Reed had been scheduled to die on Wednesday; Celebrities, politicians and the state’s parole board had all argued for a reprieve”: Manny Fernandez and Richard A. Oppel Jr. of The New York Times have this report.
“Supreme Court to Hear Google and Oracle Copyright Case; The justices agreed to decide whether the search giant was liable for billions in a dispute over its Android operating system”: Adam Liptak of The New York Times has this report.
Brent Kendall and Jess Bravin of The Wall Street Journal report that “Supreme Court to Consider Google Appeal of Oracle Win in Copyright Case; Justices will examine protections for computer code, fair use by other programmers.”
Richard Wolf of USA Today reports that “Supreme Court to decide Google-Oracle software copyright dispute, with billions of dollars at stake.”
Mark Sherman of The Associated Press reports that “Supreme Court steps into Google-Oracle copyright fight.”
Andrew Chung of Reuters reports that “U.S. Supreme Court to hear Google bid to end Oracle copyright suit.”
Greg Stohr and Susan Decker of Bloomberg News report that “Google Gets Supreme Court Hearing in Oracle Copyright Clash.”
Tucker Higgins of CNBC reports that “Supreme Court will hear Google’s appeal in massive copyright suit brought by Oracle.”
Steven Overly of Politico reports that “Supreme Court to hear copyright case pitting Google against Oracle; The decision to hear the case marks a temporary win for Google.”
Timothy B. Lee of Ars Technica reports that “Supreme Court agrees to review disastrous ruling on API copyrights; A 2018 ruling on API copyrights could cause problems for the software industry.”
Carrie Mihalcik of c|net reports that “Google-Oracle copyright fight is headed to the Supreme Court; Oracle previously asked for $8.8 billion in damages.”
Harper Neidig and Emily Birnbaum of The Hill report that “Supreme Court to take up Google-Oracle fight.”
And Tim Ryan of Courthouse News Service reports that “High Court Will Hear Google-Oracle Copyright Clash.”
You can access today’s Order List of the U.S. Supreme Court at this link.
“The Supreme Court Should Tell Trump He Is Not Above the Law; The president has asked the court whether he enjoys absolute immunity; The answer should be an emphatic no”: Corey Brettschneider has this essay online at The New York Times.
“U.S. Supreme Court to mull time limits on military rape claims”: Andrew Chung of Reuters has this report.
Catherine Valentine of CNN reports that “Supreme Court to take up military rape cases.”
And Alexandra Jones of Courthouse News Service reports that “Justices to Tackle Time Limit on Military Rape Cases.”
“Ruth Bader Ginsburg back at work after stomach bug”: Ariane de Vogue and Veronica Stracqualursi of CNN have this report.
“Justice Barbara Lagoa — Nominee to the U.S. Court of Appeals for the Eleventh Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”
“Brett Kavanaugh delivers first major speech at conservative Federalist Society gala”: Ariane de Vogue of CNN has this report.
“DOJ sidesteps Supreme Court battle over illegal immigrant teen abortions”: Stephen Dinan of The Washington Times has this report.
“Senate confirms Menashi to U.S. Court of Appeals in New York”: Felicia Sonmez and Colby Itkowitz of The Washington Post have this report.
Corinne Ramey of The Wall Street Journal reports that “White House Lawyer Confirmed to Federal Judgeship Over Democratic Objections; Senate puts Steven Menashi on the 2nd Circuit Court of Appeals despite controversial writings on race, sexual assault.”
Matthew Daly of The Associated Press reports that “Senate confirms White House lawyer as appeals court judge.”
Ted Barrett of CNN reports that “Controversial Trump judicial pick Steven Menashi confirmed 51-41.”
Jordain Carney of The Hill reports that “Senate confirms controversial circuit court nominee.”
Niels Lesniewski of Roll Call reports that “Democrats protest, but Senate confirms Steven Menashi to federal appeals court; Nominee for Second Circuit described as ‘bottom crawler’ by Democratic leader.”
And Tim Ryan of Courthouse News Service reports that “Trump Flips Second Circuit With Controversial Judge.”
You can access the U.S. Senate‘s official roll call vote tally confirming this nominee by a vote of 51-to-41 at this link.
“Jeffrey Epstein’s Estate Looking to Establish Fund to Compensate Victims of Abuse; Program would be run by architects of Sept. 11 fund, including attorney Kenneth Feinberg”: Jacob Gershman of The Wall Street Journal has this report.
“Trump Asks Supreme Court to Bar Release of His Tax Returns; A fight over a Manhattan grand jury subpoena could yield a major decision on presidential power”: Adam Liptak of The New York Times has this report.
Robert Barnes and Ann E. Marimow of The Washington Post report that “Trump asks Supreme Court to shield his tax returns from prosecutors, setting up historic separation-of-powers showdown.”
David G. Savage of The Los Angeles Times reports that “Trump asks Supreme Court to shield his tax returns from investigators.”
Jess Bravin, Brent Kendall, and Corinne Ramey of The Wall Street Journal report that “Trump Asks Supreme Court to Block New York Subpoena for Tax Records; Manhattan district attorney seeks records from Trump’s accountants in probe of hush-money payments to women.”
Richard Wolf of USA Today reports that “President Trump asks Supreme Court to block access to his tax returns, setting up separation of powers battle.”
Mark Sherman of The Associated Press reports that “Trump wants Supreme Court to block subpoena for his taxes.”
Lawrence Hurley and Karen Freifeld of Reuters report that “Trump asks U.S. Supreme Court to prevent release of his tax returns.”
Greg Stohr of Bloomberg News reports that “Trump Asks High Court to Block N.Y. Subpoena for Tax Returns.”
Ariane de Vogue of CNN reports that “Trump asks Supreme Court to block subpoena for tax returns.”
Dareh Gregorian of NBC News reports that “Trump asks Supreme Court to keep his tax returns away from prosecutors; The Manhattan District Attorney’s office has subpoenaed Trump’s accountants for the returns.”
Darren Samuelsohn and Josh Gerstein of Politico report that “Trump lawyers take fight over tax returns to Supreme Court.”
And John Kruzel of The Hill reports that “Trump appeals to Supreme Court to keep tax returns from NY prosecutors.”
You can view the petition for writ of certiorari at this link.
“Kavanaugh to address the conservative legal establishment that championed his nomination”: Robert Barnes of The Washington Post has an article that begins, “A large group of protesters and a video replay of accuser Christine Blasey Ford’s Senate testimony greeted Supreme Court Justice Brett M. Kavanaugh Thursday night as he appeared at a gala for the conservative legal establishment that championed his nomination.”
Richard Wolf of USA Today reports that “Supreme Court Justice Brett Kavanaugh to get hero’s welcome from conservative Federalist Society.”
Marty Johnson of The Hill reports that “Protesters roll out a screen playing Blasey Ford’s testimony ahead of Federalist Society dinner.”
And Caitlin Yilek of Washington Examiner reports that “Protesters dressed as handmaids blare Blasey Ford testimony at Kavanaugh dinner.”
Greetings from Pentagon City, Virginia: Which will be my home for the next four nights as I attend the 2019 Appellate Judges Education Institute Summit in Washington, DC.
The event gets underway this afternoon with a keynote talk from Justice Neil M. Gorsuch. The next panel will focus on news coverage of the U.S. Supreme Court and features Adam Liptak of The New York Times. Today’s final event consists of a reception this evening at the U.S. Supreme Court itself.
At this blog’s Twitter feed, I will be posting photos and coverage of the event. And as always while I am traveling, more frequent appellate-related retweets will appear there as well.
“Sonia Sotomayor Raises the Alarm Over Border Patrol’s Lawless Brutality; The Supreme Court is poised to remove all constitutional limits on border agents’ ability to kill”: Mark Joseph Stern has this jurisprudence essay online at Slate.
“Supreme Court Hears Racial Discrimination Case Against Comcast; Byron Allen, an African-American entrepreneur, says the cable giant discriminated against his company, Entertainment Studios Networks”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court seems interested in limited ruling in civil rights case.”
David G. Savage of The Los Angeles Times reports that “Supreme Court may allow TV producer’s racial bias suit against Comcast to move ahead.”
Richard Wolf of USA Today reports that “Racial discrimination case against cable giant Comcast gets tentative support from Supreme Court.”
Jess Bravin of The Wall Street Journal reports that “Comcast Argues High Court Should Quash Discrimination Suit; Television producer and personality Byron Allen alleges company rejected his channels due to race.”
Christian Hetrick of The Philadelphia Inquirer reports that “U.S. Supreme Court hears arguments in Comcast racial-discrimination case.”
Chauncey Alcorn of CNN Business reports that “Supreme Court debates merits of black media mogul’s discrimination suit against Comcast.”
Ted Johnson of Deadline has an article headlined “Byron Allen Vs. Comcast: Supreme Court Hears Arguments On When A Racial Discrimination Case Is ‘Plausible’ Enough To Go Forward.”
At the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has a post titled “Supreme Court Hears Arguments in Huge Bias Case Against Comcast; The justices hear a lively debate about what needs to be alleged in a complaint for a discrimination lawsuit to proceed.”
Jack Rodgers of Courthouse News Service reports that “Cable Exec Prods High Court on Racial-Bias Standard.”
And in commentary, online at Philadelphia Magazine, Ernest Owens has a post titled “Win or Lose, Comcast Is on the Wrong Side of History in Supreme Court Case; The cable giant’s fight against media mogul Byron Allen’s racial-discrimination lawsuit could undermine bedrock civil rights protections.”
“Firearms industry: Supreme Court’s skip of Sandy Hook gun case presages litigation onslaught.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Court Rejects Trump’s Appeal in Fight to Keep Financial Records From Congress; The decision almost certainly paves the way for a major Supreme Court case over President Trump’s stonewalling of congressional oversight efforts”: Charlie Savage of The New York Times has this report.
Ann E. Marimow of The Washington Post reports that “Congress can have access to eight years of Trump’s tax records, appeals court orders.”
Jeff Mordock of The Washington Times reports that “Court rules Dems can demand 8 years of Trump’s taxes.”
Jan Wolfe of Reuters reports that “U.S. appeals court again backs House request for Trump tax documents.”
Andrew M Harris of Bloomberg News reports that “Trump Heads to Supreme Court for Second Time Over Tax Records.”
Katelyn Polantz, Ariane de Vogue, and Paul LeBlanc of CNN reports that “Appeals court hands Trump another loss, saying Congress can seek his tax returns.”
Darren Samuelsohn of Politico reports that “Court denies Trump appeal in fight with Democrats over financial records; The ruling sets the stage for another potential Supreme Court showdown over the powers of Congress.”
John Kruzel and Naomi Jagoda of The Hill report that “Appeals court clears way for Congress to seek Trump financial records.”
You can access today’s order of the U.S. Court of Appeals for the D.C. Circuit denying rehearing en banc by an apparent vote of 8-to-3, and the dissents therefrom, at this link.
“I Was a Federal Judge. My Former Colleagues Must Stop Attending Federalist Society Events.” Former U.S. Magistrate Judge James P. Donohue (W.D. Wash.) has this jurisprudence essay online at Slate.
“A Court Ruling Ending DACA Might Not Be a Good Thing for Trump; It could mean news coverage of the government trying to deport thousands of young immigrants in the midst of what is certain to be a difficult re-election battle”: Maggie Haberman has this front page article in today’s edition of The New York Times.
“Fueled by Class of 2019, 100 Alumni Clerking This Term”: Mike Fox of the University of Virginia School of Law has this report.
“U.S. Supreme Court weighs Comcast appeal in Byron Allen racial bias lawsuit”: Andrew Chung of Reuters has this report.
Tucker Higgins of CNBC reports that “Comcast poised to beat $20 billion race discrimination case at Supreme Court.”
Cynthia Littleton of Variety reports that “Supreme Court Justices Parse Legal Tests for Byron Allen Racial Discrimination Case Against Comcast.”
Earlier, Taylor Telford of The Washington Post reports that “Race discrimination standards hang in the balance as Supreme Court takes up Comcast suit; Media mogul Byron Allen is suing the cable giant for $20 billion under a Reconstruction-era civil rights statute.”
You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Comcast Corp. v. National Ass’n. of African American-Owned Media, No. 18-1171.
“A Marxist Takes a Swing and a Miss at Justice Thomas’s Jurisprudence”: Scott Gerber has this post at the “Law & Liberty” blog.
“Ruth Bader Ginsburg misses court due to illness”: Ariane de Vogue of CNN has this report.
“Supreme Court to hear arguments in major race discrimination case against Comcast on Wednesday”: Tucker Higgins of CNBC has this report.
“Supreme Court seems wary of allowing families of slain Mexican teens to sue U.S. border agents”: Ann E. Marimow of The Washington Post has this report.
Brent Kendall of The Wall Street Journal reports that “Supreme Court Wrestles With Liability for Cross-Border Shooting; Justices hear case in which U.S. Border Patrol agent killed teenager in Mexico.”
Kristine Phillips of USA Today reports that “Supreme Court appears split in case of Mexican teen killed by US agent in cross-border shooting.”
And Piper Hudspeth Blackburn and Brian Johnson of Medill News Service report that “Supreme Court wrestles with the legal boundaries of cross-border shootings.”
You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Hernández v. Mesa, No. 17-1678.
“Trump appeals court nominee in jeopardy following GOP revolt”: Matthey Daly of The Associated Press has this report.
And Marianne LeVine and Burgess Everett of Politico report that “New delay by Senate panel spells trouble for judicial nominee; Republicans have repeatedly opposed Judge Halil Suleyman Ozerden, a friend of Mick Mulvaney’s, for the 5th Circuit.”
“Will Trump’s Judges Save His Presidency? He’s counting on a right-leaning judiciary to get him out of impeachment.” Simon Lazarus has this essay online at Washington Monthly.
“One way or another, the Supreme Court is likely to let Trump end DACA; The DACA arguments went better than expected for DREAMers, but that’s probably not enough to save them”: Ian Millhiser has this essay online at Vox.
Online at Slate, Mark Joseph Stern has a jurisprudence essay titled “The Supreme Court Seems Ready to Let Trump Kill DACA; John Roberts did not appear to grasp the stakes of the case at oral argument.”
And online at Bloomberg Opinion, law professor Noah Feldman has an essay titled “Supreme Court’s DACA Case Pits Legality Against Morality; If Obama had the power to create DACA, Trump should have the power to end it.”
“Supreme Court Appears Ready to Let Trump End DACA Program; The justices are considering whether the Trump administration can shut down a program that shields about 700,000 young immigrants from deportation”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Trump administration defends ending DACA, and Supreme Court’s conservatives seemed receptive.”
David G. Savage of The Los Angeles Times reports that “DACA in doubt as Supreme Court conservatives question its legality.”
Jess Bravin of The Wall Street Journal reports that “Supreme Court Hears Arguments on Trump Decision to End DACA; Solicitor General says president’s action shouldn’t be subject to judicial review at all.”
Richard Wolf of USA Today reports that “Supreme Court leans toward Trump plan to end DACA program for nearly 700K undocumented immigrants.” And Alan Gomez of USA Today has an article headlined “DACA: Even a Supreme Court win for Trump could create tough political choices in 2020.”
Stephen Dinan of The Washington Times has articles headlined “Supreme Court debates DACA do-over; ‘What’s the point?’ wonders key liberal justice” and “Supreme Court’s DACA case leaves Trump with bad options.”
Tal Kopan of The San Francisco Chronicle reports that “Migrant youths’ future may hinge on Chief Justice John Roberts.”
Jazmine Ulloa of The Boston Globe reports that “Supreme Court’s conservatives appear to back Trump on DACA.”
Mark Sherman of The Associated Press reports that “Split Supreme Court appears ready to allow Trump to end DACA.”
Lawrence Hurley and Andrew Chung of Reuters report that “Supreme Court leans toward Trump on ending ‘Dreamers’ immigrant program.”
Greg Stohr of Bloomberg News reports that “Supreme Court Justices Seem Inclined to Let Trump Cancel DACA.”
Pete Williams of NBC News reports that “Supreme Court appears inclined to let Trump end DACA program; The justices heard nearly an hour and a half of oral arguments as hundreds of DACA supporters rallied outside.”
Ariane de Vogue and Priscilla Alvarez of CNN report that “Supreme Court justices seem split on DACA ruling.” And Joan Biskupic of CNN reports that “Fate of DACA immigrants may hang on vote of Chief Justice Roberts.”
Shannon Bream and Bill Mears of Fox News report that “Supreme Court divided over future of DACA as justices weigh Trump bid to end program.”
Josh Gerstein and Bianca Quilantan of Politico reports that “Dreamers get little traction with Supreme Court’s conservative justices; Trump has decried the prior court rulings blocking his decision to rescind DACA.”
John Kruzel of The Hill reports that “Divided Supreme Court leans toward allowing Trump to end DACA.”
Todd Ruger of Roll Call reports that “Supreme Court grapples with end of ‘Dreamers’ program; Decision next year could ultimately reshape decades-old immigration debate.”
At “SCOTUSblog,” Mark Walsh has a post titled “A ‘view’ from the courtroom: A few more words.”
At “The Volokh Conspiracy,” Josh Blackman has a post titled “Instant reaction to DACA Case: At Least Five Votes that Rescission Not Reviewable; Given the six-month wind-down, the policy would remain intact until after the inauguration.”
And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Hears Arguments Over DACA Program.”
You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Department of Homeland Security v. Regents of Univ. of Cal., No. 18-587.
“Secret complaints are not so secret in bare-knuckled Louisiana Supreme Court race”: Andrea Gallo and John Simerman of The Advocate of Baton Rouge, Louisiana have this report.
“The Abortion Law Heading To The Supreme Court Is Based On A Lie; A Louisiana law rests on the claim that abortion is unsafe; In reality, the common procedure is less dangerous than getting your wisdom teeth removed”: Lydia O’Connor of HuffPost has this report.
Programming note: This afternoon, I will be presenting an oral argument to a three-judge panel of the Superior Court of Pennsylvania. As a result, additional posts will not appear here until late this afternoon or early this evening. As always while I am traveling, additional appellate-related retweets may appear on this blog’s Twitter feed.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.
“Supreme Court to Hear Arguments on Fate of ‘Dreamers’; The justices are considering whether the Trump administration can shut down a program that shields about 700,000 young immigrants from deportation”: Adam Liptak of The New York Times has this report.
Caitlin Dickerson of The New York Times has an article headlined “What Is DACA? And How Did It End Up in the Supreme Court? Here’s what you need to know about a policy that protected from deportation people who were brought into the United States as children.”
Lawrence Hurley and Andrew Chung of Reuters report that “U.S. Supreme Court to hear Trump bid to end protections for immigrant ‘Dreamers.’”
On today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment titled “DACA Recipients Look To Supreme Court For Hope.”
And today’s broadcast of NPR’s “Morning Edition” also contained an audio segment titled “Supreme Court Hears Arguments In Long-Standing Battle To End DACA.”
