“Tear-Gas Grenades and ‘Qualified Immunity’; A rule meant to shield officials from frivolous lawsuits now protects unconstitutional conduct”: Robert McNamara had this op-ed in yesterday’s edition of The Wall Street Journal.
And at the “Cato at Liberty” blog, Jay Schweikert and Clark Neily have a post titled “As Supreme Court Considers Several Qualified Immunity Cases, A New Ally Joins The Fight.”
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in six cases, which will produce a total of three hours of oral argument.
“Trump Judges Are Playing Keep-Away With His Tax Returns and Other Financial Records”: Ashwin Phatak has this jurisprudence essay online at Slate.
“Trump judge lashes out at a transgender litigant in a surprisingly cruel opinion; Judge Kyle Duncan was a prominent anti-LGBTQ lawyer before joining the bench”: Ian Millhiser has this essay online at Vox.
“Alabama Supreme Court denies Birmingham’s request to reconsider Confederate monument case”: Mike Cason of Alabama Media Group has this report.
“Two Jurors Voted to Acquit. He Was Convicted of Murder Anyway. Michael Shannon was wrongly convicted — a result of a Louisiana law rooted in discrimination. Why are split-jury verdicts still allowed in America?” Emily Bazelon has this article online at The New York Times Magazine.
“Trump Impeachment Team for Trial to Include Ken Starr, Alan Dershowitz; White House counsel Pat Cipollone will lead the president’s defense”: Rebecca Ballhaus and Michael C. Bender of The Wall Street Journal have this report.
“Trump will name Alan Dershowitz to legal team in impeachment trial”: John R. Ellement and Christina Prignano of The Boston Globe have this report.
“John Roberts, Eternal Hostage; Like clockwork, Democrats warn that the Supreme Court’s reputation and ‘legitimacy’ are in danger every time it threatens not to give them what they want”: Kevin D. Williamson has this essay online at National Review.
“Precedent Matters at the Supreme Court — Until It Doesn’t; A new abortion case raises an old question”: Damon Root has this post online at Reason.
“3-Time Supreme Court Justice Clerk Talks About About His Different Experiences; King & Spalding partner Paul Mezzina spoke about Justice Brett Kavanaugh’s intensive writing process and the value that multiple clerkships bring to his private practice”: Dylan Jackson of The National Law Journal has this report.
“Idaho woman who says police destroyed her home takes case to U.S. Supreme Court”: Ruth Brown of The Idaho Statesman has this report.
Online at Reason, Jacob Sullum has a post titled “Does Letting Police Enter Your House Give Them Permission To Wreck It? The Institute for Justice asks the Supreme Court to clarify a doctrine that shields cops from responsibility for outrageous conduct.”
And J. Justin Wilson of the Institute for Justice issued a news release titled “Institute for Justice Asks U.S. Supreme Court to Hold Government Officials Accountable For Destroying Idaho Home with Grenades.”
You can access at this link the petition for writ of certiorari filed today in the U.S. Supreme Court.
“Justice Charles Wiggins announces plan to retire from the Washington Supreme Court”: Mike Carter of The Seattle Times has this report.
“Discrimination Without Discriminating? The Supreme Court next week will hear another challenge to an anti-Catholic law.” Law professor Michael A. Helfand has this essay online at The Wall Street Journal.
“White House Counsel Shouldn’t Act as Trump’s Impeachment Lawyer; Pat Cipollone is implicated in the obstruction of Congress”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Man serving life gets new trial after attorney described as racist”: Bob Egelko of The San Francisco Chronicle has this report.
And Metropolitan News-Enterprise reports that “Ninth Circuit Tosses Murder Conviction Tainted by Lawyer’s Racism.”
Yesterday’s ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit consists of a per curiam order, two concurring opinions, and a dissenting opinion.
“7th Circuit affirms $35 million verdict for Hoosier woman in pelvic implant lawsuit”: Katie Stancombe of The Indiana Lawyer has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued Tuesday.
Update: A helpful reader emails this correction to the title of The Indiana Lawyer article — “The jury awarded $10 million compensatory and $25 million punitive for a total of $35 million. However, the district judge granted a remittitur on the punitive damages to $10 million. 10 +10 = 20. See page 2 of the opinion. The $20 million judgment was affirmed on appeal.”
“With stakes beyond task at hand, John Roberts takes central role in Trump’s impeachment trial”: Robert Barnes and Ann E. Marimow of The Washington Post have this report.
“Judiciary Committee advances nomination of judge over Democrat objections”: Jeff Mordock of The Washington Times has a report that begins, “The Senate Judiciary Committee Thursday gave initial approval to President Trump’s nominee for a federal appeals court over strong objections from Democrats.”
And Madison Alder of Bloomberg Law reports that “Trump’s Eleventh Circuit Court Pick Clears Senate Panel” (subscription may be required for full access).
“John Roberts likely to play modest role in impeachment trial”: Mark Sherman of The Associated Press has this report.
“This Trump Supreme Court Short-Lister Says God Can Instruct Juries on Guilt and Innocence”: Andrew Cohen has this jurisprudence essay online at Slate.
“Chief Justice John Roberts’ impeachment trial role: speak softly, set a good example.” Richard Wolf of USA Today has this report.
“The chief justice who presided over the first presidential impeachment trial thought it was political spectacle”: Michael S. Rosenwald of The Washington Post has this report.
“The Trump Administration Doesn’t Get to Decide What’s in the Constitution: Somebody has to determine whether the ERA is valid or not, and without quite saying so, the Department of Justice is claiming that person is none other than Attorney General William Barr.” Law professor Garrett Epps has this essay online at The Atlantic.
“Fish & Wildlife Must Reweigh Petition to Delist Texas Bird”: Martina Barash of Bloomberg Environment has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
“‘Oil Daily’ Publisher Owed More Damages in Copyright Case”: Blake Brittain of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
“Who Will Be Left Standing in the Supreme Court? The Trump administration is doing its best to kick plaintiffs out of lawsuits it opposes.” Linda Greenhouse has this essay online at The New York Times.
“Brett Kavanaugh brings pizza to the Supreme Court and it is not good; Just call him the ‘pizza justice’; No really, he doesn’t mind”: Clyde McGrady of Roll Call has this report.
“Supreme Overreaching: The Justices Should Return Gun Control, Affirmative Action, and Abortion to the States.” Eric Segall has this post at “Dorf on Law.”
“Virginia Approves the E.R.A., Becoming the 38th State to Back It; Virginia’s move is symbolic, and crosses the threshold of three-quarters of states needed for ratification; Yet the fate of the E.R.A. is far from decided”: Timothy Williams of The New York Times has this report.
Gregory S. Schneider, Laura Vozzella, and Patricia Sullivan of The Washington Post have an article headlined “‘A long time to wait’: Virginia passes Equal Rights Amendment in historic vote.” And Patricia Sullivan of The Washington Post has an article headlined “‘At last, at last’: Women who fought for ERA for decades exult at Virginia vote.”
Jon Kamp and Jess Bravin of The Wall Street Journal report that “Virginia Votes to Ratify ERA, Setting Up Likely Legal Battle; Court ruling or congressional action likely needed to override 1982 deadline.”
Stephen Dinan of The Washington Times reports that “Virginia House, Senate vote to ratify ERA to U.S. Constitution; U.S. Justice Dept., however, says amendment’s deadline expired years ago.”
At “The Volokh Conspiracy,” Keith E. Whittington has a post titled “ERA Now?”
And at the “Balkinization” blog, Gerard N. Magliocca has a post titled “The OLC’s Mistaken Analysis of the ERA.”
“The courts don’t even try to settle fights about war powers anymore; The White House keeps claiming unilateral powers, and no one steps in to examine the arguments”: Law professor Steve Vladeck has this essay online at The Washington Post.
“Trump’s Impeachment Trial a Perilous Duty for Chief Justice; Chief Justice John Roberts’s role at an impeachment trial may be mostly ceremonial, but signs of partisanship could damage the Supreme Court”: Adam Liptak has this front page article in today’s edition of The New York Times.
“The Democratic Presidential Candidates Need to Start Talking About the Supreme Court”: Jeffrey Toobin has this post online at The New Yorker.
“How Will the Senate Get Away With Its Sham Trial Now? As more evidence pours out, Mitch McConnell’s position becomes increasingly untenable.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“The Supreme Court takes up a deeply fraught case about state funding of religious schools; The fight over public subsidies for religious schools, explained”: Ian Millhiser has this essay online at Vox.