“A partisan Supreme Court ruling on the ACA just gave President Trump a boost; It lets Trump downplay his opposition to the Affordable Care Act’s protections till after November”: Law professor Leah Litman has this essay online at The Washington Post.
“Supreme Court’s conservatives seem open to some state aid for religious schools”: Robert Barnes of The Washington Post has this report.
Jess Bravin of The Wall Street Journal reports that “Supreme Court Split Over Montana Case on Public Funding for Religious Schools; At issue is Montana program that offered up to $150 tax credit to residents who gave like amount to organizations providing scholarships to private schools—and made no distinction between nonreligious, religious institutions.”
And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Hears Arguments In Montana Case About Tax Credits For Religious Schools.”
“Chief Justice Roberts could be an unexpected savior of public education in a religious schools case; A big case about whether states must fund religious schools could go up in smoke”: Ian Millhiser has this essay online at Vox.
And online at Slate, Mark Joseph Stern has a jurisprudence essay titled “The Supreme Court Could Force Taxpayers to Subsidize Religious Schools.”
“Trump administration intervenes in bid to uphold Ohio ban on Down syndrome abortions”: Cathy Candisky of The Columbus Dispatch has this report.
Julie Carr Smyth of The Associated Press reports that “Federal government backs Ohio on Down syndrome abortion law.”
Marty Johnson of The Hill reports that “Justice Department backs Ohio Down syndrome abortion ban.”
And yesterday, the U.S. Department of Justice issued a news release titled “Department of Justice Files Brief in Support of the Constitutionality of Ohio Law Prohibiting Abortion Providers From Performing an Abortion They Know Is Sought Because of Down Syndrome.” You can view the federal government’s amicus brief on rehearing en banc at this link.
“Spotted — Chief Justice Roberts Wearing Patek Philippe Annual Calendar at Senate Impeachment Trial”: OnTheDash has this post.
Last August, Jacob Gallagher of The Wall Street Journal had an article headlined “Your Watch Says More About Your Status Than You Think; Even in the age of the Apple Watch and casual everything, your timepiece is sending certain signals to colleagues in the know.”
“The Necessity of the Indian Child Welfare Act: A case now before the Fifth Circuit threatens to upend the laws that enable Native self-governance.” Law professors Leah Litman and Matthew L.M. Fletcher have this essay online at The Atlantic.
You can access via this link the audio of today’s en banc oral argument in this case in the U.S. Court of Appeals for the Fifth Circuit.
“The Supreme Court case that could dismantle Roe v. Wade, explained; June Medical Services v. Gee could pave the way for states to restrict abortion access out of existence”: Ian Millhiser and Anna North of Vox have this report.
“The Supreme Court will decide if ‘faithless electors’ can ignore the will of the people; The Electoral College is an anti-democratic relic; The Court could make it worse”: Ian Millhiser has this essay online at Vox.
“The Trump Bench: Kyle Duncan; Donald Trump’s most enduring legacy will be his judges. Who are they?” Mark Joseph Stern has this jurisprudence essay online at Slate.
“Supreme Court Seems Ready to Allow Some State Aid to Religious Schools; The justices heard arguments on a Montana scholarship program struck down by the state’s Supreme Court”: Adam Liptak of The New York Times has this report.
David G. Savage of The Los Angeles Times reports that “Supreme Court sounds ready to support public aid to religious schools.”
Richard Wolf of USA Today reports that “Supreme Court’s conservative justices show support for religious schools in landmark Montana case.”
Christopher Vondracek of The Washington Times reports that “Supreme Court’s liberals pounce on school voucher case.”
Mark Sherman of The Associated Press reports that “Supreme Court seems favorable to religious education funding.”
Andrew Chung of Reuters reports that “U.S. Supreme Court divided over public funds for religious schools.”
Greg Stohr of Bloomberg News reports that “Religious-School Aid Divides U.S. Supreme Court Justices.”
And John Kruzel of The Hill reports that “Supreme Court sharply divided over state aid for religious schools.”
You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Espinoza v. Montana Dept. of Revenue, No. 18-1195.
“Roe v. Wade: Settled Law Or Bad Precedent? States Prep For An Overturn.” Julie Rovner of NPR has this report.
“Supreme Court turns away case that could have helped Dems get unredacted Mueller report”: Ronn Blitzer and Brooke Singman of Fox News have this report.
“Religious School Choice Case May Yield Landmark Supreme Court Decision; With oral arguments coming on Wednesday, both sides of the long-running fight over vouchers for religious schools are preparing for a watershed moment for public education”: Erica L. Green has this article in today’s edition of The New York Times.
And on today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment titled “Supreme Court Considers Religious Schools Case.”
“Judicial Political Mischief: A Codes of Conduct committee may bar judges from the Federalist Society.” The Wall Street Journal has published this editorial.
“Stakes are high for businesses, products liability plaintiffs in Supreme Court’s new Ford cases”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Supreme Court battle over school choice may boost religious freedom”: Richard Wolf of USA Today has this report.
“U.S. chief justice juggles dual roles during Trump impeachment trial”: Lawrence Hurley and Andrew Chung of Reuters have this report.
“Supreme Court Will Not Rule Quickly on Obamacare Appeal; Democrats and the House of Representatives had urged the court to act in time to decide their appeals by the end of the court’s term in June”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court refuses to fast-track a challenge to the Affordable Care Act.”
David G. Savage of The Los Angeles Times reports that “Supreme Court puts off an election-year decision on Obamacare.”
Brent Kendall and Stephanie Armour of The Wall Street Journal report that “Supreme Court Declines to Fast-Track Democratic Appeals on Affordable Care Act; Court’s action means it won’t consider health law this term; GOP opposition to ACA is less likely to play role in election.”
Richard Wolf of USA Today reports that “Supreme Court refuses for now to hear appeal of decision threatening Affordable Care Act.”
Alex Swoyer and Tom Howell Jr. of The Washington Times report that “Supreme Court won’t fast-track Obamacare case.”
Lawrence Hurley of Reuters reports that “U.S. Supreme Court declines to fast-track Obamacare appeal.”
Greg Stohr of Bloomberg News reports that “Obamacare Backers Lose Supreme Court Bid for a Hearing This Term.”
Ariane de Vogue, Devan Cole. and Eric Bradner of CNN report that “Supreme Court signals it won’t consider Obamacare challenge before election.”
Tyler Olson and Bill Mears of Fox News report that “Supreme Court refuses to hear expedited ObamaCare appeal.”
Susannah Luthi of Politico reports that “Supreme Court won’t fast-track Obamacare case; The justices are unlikely to determine the health law’s fate before the election.”
Harper Neidig of The Hill reports that “Supreme Court denies blue states’ effort to expedite ObamaCare challenge.”
And in commentary, online at Vox, Ian Millhiser has an essay titled “The Supreme Court showdown over Obamacare will be delayed until after the election; Good news for Republicans.”
“Michael Avenatti jailed in isolated unit that held El Chapo. It’s ‘for his own safety,’ warden says.” Shayna Jacobs of The Washington Post has this report.
“Barr Once Contradicted Trump’s Claim That Abuse of Power Is Not Impeachable; In a memo for the Trump team during the Russia investigation, the attorney general wrote that presidents who misuse their authority are subject to impeachment”: Charlie Savage will have this article in Wednesday’s edition of The New York Times.
The Journal of Appellate Practice and Process is seeking a new sponsor: You can access more details here and here.
“How Donald Trump’s Unlikely Legal Team Will Try to Defend Him”: Jeffrey Toobin has this post online at The New Yorker.
Also online at The New Yorker, Robin Wright has a post titled “The Staggering (and Uncovered) Legal Bills Facing Impeachment Witnesses.”
“Architect of Interrogation Program Testifies at Guantánamo Bay; Appearing for the first time at the military war court, James Mitchell was defiant, saying he was there for the benefit of the victims of the 9/11 attacks and their families”: Carol Rosenberg of The New York Times has this report.
“How much power does Chief Justice Roberts have in the impeachment trial? It probably depends on how much he wants — and it’s likely he won’t want much.” Philip Bump of The Washington Post has this news analysis.
“GOP eyes shakeup of Pennsylvania’s Democratic-majority court”: Marc Levy of The Associated Press has this report.
“How Citizens United Led Directly to Trump’s Impeachment”: Brendan Fischer has this jurisprudence essay online at Slate.
“John Roberts presides over the impeachment trial — but he isn’t in charge”: Joan Biskupic of CNN has this report.
“Laws Across the Country Are Keeping Parents From Making Choices About Their Kids’ Education. The Supreme Court Should Strike Them Down.” Paul D. Clement and Jeanne Allen have this essay online at Time magazine.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but it did call for the views of the Solicitor General in four cases.
And in McKeever v. Barr, No. 19–307, Justice Stephen G. Breyer issued a statement respecting the denial of certiorari.
“Supreme Court to weigh Pennsylvania, N.J. challenge to Trump efforts to roll back birth control mandate”: Jeremy Roebuck has this article in today’s edition of The Philadelphia Inquirer.
“Supreme Court of Canada hits record low 40% unanimity rate in 2019; many appeals came from Quebec”: Cristin Schmitz of The Lawyer’s Daily has this report.
“Kids Climate Plaintiffs to Seek Rehearing En Banc; The Juliana v. United State climate litigation may continue”: Jonathan H. Adler has this post at “The Volokh Conspiracy.”
“The legacy of ‘Citizens United’ has been destructive. We need campaign finance reform.” Fred Wertheimer has this essay online at The Washington Post.
“Celebrate the Citizens United Decade: The ruling has empowered small-dollar donors and political outsiders, not corporations.” Bradley A. Smith has this essay online at The Wall Street Journal.
“The Last Gasp of James G. Blaine? The Supreme Court weighs tax credits and a 19th-century bigotry.” The Wall Street Journal has published this editorial.