Second Circuit revises opinion to delete passage that either praised, or took a swipe at, the artistic talent of Claude Monet: The U.S. Court of Appeals for the Second Circuit issued this amended opinion Friday.
This blog’s coverage of the brouhaha over an aside contained on page 14 the panel’s original opinion issued Thursday — which no longer appears on the Second Circuit’s web site — can be accessed here.
And Tom McParland of New York Law Journal reports that “US Judge Removes Monet Reference in Opinion, Saying It Wasn’t Art Criticism; Judge Barrington Parker Jr., who professed a great appreciation for the arts, clarified that Monet is an ‘absolutely great artist,’ and said it was best to delete the reference, which was incorrectly seen as a criticism of Monet.”
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one case and called for the views of the Solicitor General in two cases related to one another.
In addition, the Court issued a unanimous per curiam opinion in Roman Catholic Archdiocese of San Juan, P.R. v. Feliciano, No. 18-921. Justice Samuel A. Alito, Jr. issued a concurring opinion, in which Justice Clarence Thomas joined.
Justice Sonia Sotomayor issued a statement respecting the denial of certiorari in Reed v. Texas, No. 19–411.
Justice Alito, joined by Justices Thomas and Neil M. Gorsuch, issued a concurrence in the denial of certiorari in Patterson v. Walgreen Co., No. 18–349.
Justice Thomas issued a dissent, in which Justice Alito joined, from the denial of a motion for leave to file complaint in Arizona v. California, No. 150, Orig.
And Justice Thomas dissented from the denial of certiorari in Baldwin v. United States, No. 19–402.
“The Justices’ Forgotten Debuts”: Andrew R. Gould has this essay at the Duke Law Journal Online. Footnotes 3 and 4 and the first word of the essay’s second paragraph may set-up and execute the rarely observed in the wild David G. Savage last-name pun.
“In One State, a Holdout Juror Can’t Block a Conviction. That May Not Last. Oregon is the last state in the nation where a jury can convict a defendant without a unanimous vote. The Supreme Court is weighing whether that is constitutional.” Timothy Williams will have this article in Monday’s edition of The New York Times.
“‘Veteran’ Ninth Circuit Judges Complain to L.A. Times About New Ninth Circuit Judges; Judges should not leak internal proceedings to the media”: Josh Blackman has this post at “The Volokh Conspiracy.”
“Update on Ninth Circuit Workplace Environment Initiatives”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release Friday.
“Florida’s Voting-Rights Fight Could Tip the 2020 Election: The state’s voters said 1.4 million ex-felons should be allowed to vote; It’s now up to the courts to protect their rights.” This editorial appears in today’s edition of The New York Times.
“North Carolina Supreme Court at 200”: NC Courts has posted this hour-long video on YouTube.
“Trump has flipped the 9th Circuit — and some new judges are causing a ‘shock wave'”: In today’s edition of The Los Angeles Times, Maura Dolan has this front page article in which new Ninth Circuit Judge Daniel P. Collins stars as the villain.
“Did the ‘liberal lion’ of the 9th Circuit bully and mistreat his clerks?” Maura Dolan has this article in today’s edition of The Los Angeles Times.
And Bob Egelko of The San Francisco Chronicle reports that “72 former clerks confirm harassment by influential U.S. appeals court judge” (note: this headline appears to incorrectly characterize the letter that 72 former Reinhardt clerks issued yesterday).
“Former Judge Behind Landmark Gay-Marriage Ruling Discusses Trump’s Criticism of Judges; Former federal prosecutor, judge, mayor and current Day Pitney partner Christopher Droney discussed President Trump and other topics in a wide-ranging interview Friday”: Robert Storace of the Connecticut Law Tribune has this report.
“Three thought experiments: How can Congress structurally reform the federal clerkship program? What if Congress standardized the hiring process, imposed minimum qualifications, and converted term clerks to career clerks?” Josh Blackman has this post at “The Volokh Conspiracy.”
“Sheldon Whitehouse Is Going to War Against the Federalist Society Over Court-Packing; The Democratic senator does not mince words: dark-money interests are attempting to rig the judicial system, including the Supreme Court.” Charles P. Pierce has this post online at Esquire magazine.
“Bremerton lawyer offers history lesson to U.S. Supreme Court”: Andrew Binion of The Kitsap Sun of Bremerton, Washington has this report.
“SCOTUS Milestone: Clement Tops 100 High Court Arguments.” Kimberly Strawbridge Robinson of Bloomberg Law has this report, which also discusses the paucity of female advocates arguing cases at the U.S. Supreme Court.
“Recent changes in SCOTUS raise the stakes in upcoming abortion case”: Mark Walsh has this report online at ABA Journal.
“Federal Judicial Center Report on § 1292(b) Appeals”: Bryan Lammon has this post at his “final decisions” blog.
The last time I obtained interlocutory review by permission from a federal appellate court on behalf of a client remains quite memorable, for reasons explained here and here.
The appellate briefing in that case on whether review should be granted can be accessed via this link, and the merits briefing can be accessed via this link.
“Mississippi 15-week abortion ban is blocked by appeals court”: Emily Wagster Pettus of The Associated Press has this report.
Caroline Kelly of CNN reports that “Block on Mississippi’s fetal-heartbeat abortion bill is upheld.”
And Morgan Phillips of Fox News reports that “Mississippi ‘heartbeat’ abortion law blocked by federal appeals court.”
My earlier coverage of today’s Fifth Circuit ruling can be accessed here.
Fifth Circuit decides Canada v. United States: You can access today’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Spoiler alert: Canada did not prevail.
“Appeals court approves of $6.7M award to graffiti artists”: Larry Neumeister of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Meanwhile, on Twitter, the opinion received a great deal of attention for supposedly being critical of artist Claude Monet — yet it is also possible not to read the opinion that way (and I think this latter view is more likely the correct one).
On the other hand, another tweet perceptively notes that “If they’d said that about Seurat, they’d have had a point.”
“Supreme Court hears argument to expand patient rights in malpractice claims”: Edmund H. Mahony of The Hartford Courant has this report.
“7th Circuit deepens circuit split over TCPA liability”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“On debate night, Ruth Bader Ginsburg honored at DVF Awards; Hillary Clinton, more attend”: Rasha Ali of USA Today has this report.
“Mississippi’s Ban on Abortions After Six Weeks Held Invalid”: Mary Anne Pazanowski of Bloomberg Law has this report on a per curiam ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.
“Justices return for season of big decisions, amid campaign”: Mark Sherman of The Associated Press has this report.
“The Stone Sentence Was Fair. What Barr Did Was Still Wrong. Has the Trump Department of Justice ever asked for a lower sentence for someone who wasn’t a presidential ally?” Noah Bookbinder has this essay online at The New York Times.
“Why Trump Needs Bill Barr: We’re one attorney-general resignation away from establishing moralized hysteria as a normal tool of U.S. politics.” Columnist Daniel Henninger has this op-ed in today’s edition of The Wall Street Journal.
“Fight rages over medical malpractice lawsuits in Pa. as report fails to settle the dispute”: Charlotte Keith has this venue-related article in today’s edition of The Philadelphia Inquirer.
“On Dunleavy recall, Alaska Supreme Court invites challenges to chief justice’s impartiality”: James Brooks has this front page article in today’s edition of The Anchorage Daily News.
You can access yesterday’s letter to counsel from the Clerk of the Supreme Court of Alaska at this link.
“State Supreme Courts See Progress on Diversity but Still Fall Short; New research from the Brennan Center shows that state supreme court justices still don’t reflect the diverse populations they serve”: Janna Adelstein and Alicia Bannon of the Brennan Center for Justice have this report.
“Holder pushes for Supreme Court term limits, says ’18 years is enough'”: Gregg Re of Fox News has this report.
“Reinhardt Clerks Call for ‘Bold Steps’ to Prevent Sex Harassment”: Madison Alder of Bloomberg Law has this report.
“Judge Ho Called Out Homophobia, But the 5th Circuit Wiped Out the Opinion; ‘Appellant-plaintiff apologizes to this honorable court for offending but to this date, appellant-plaintiff still has no [idea] of what prejudice has been shown by counsel,’ the petition said”: Angela Morris of Texas Lawyer has this report about an unpublished per curiam ruling that a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued on Tuesday, replacing a published disposition that issued on February 7th containing one judge’s footnote criticizing the performance of appellant’s counsel.
The article contains a PDF copy of the rehearing petition from appellant’s counsel and also mentions a tweet that I posted earlier this week about this development after Raffi Melkonian had tweeted about it.
“Roger Stone sentenced to 40 months for lying to Congress, witness tampering amid turmoil between Justice Dept. and Trump on penalty”: Rachel Weiner, Tom Jackman, Spencer S. Hsu, and Matt Zapotosky of The Washington Post have this report.
Sharon LaFraniere of The New York Times reports that “Roger Stone Sentenced to Over 3 Years in Prison; The sentencing played out amid extraordinary upheaval at the Justice Department and a virtual standoff between the president and the attorney general.”
Erin B. Logan and Del Quentin Wilber of The Los Angeles Times report that “Roger Stone sentenced to 40 months in prison in case that roiled Justice Department.”
Byron Tau and Aruna Viswanatha of The Wall Street Journal report that “Roger Stone Sentenced to Three Years and Four Months in Prison; The longtime Trump political adviser was convicted of witness tampering, obstruction and lying to Congress.”
Kristine Phillips, Kevin Johnson, and Nicholas Wu of USA Today have an article headlined “‘Truth still matters’: Judge sentences Roger Stone to 40 months in prison for obstructing Congress’ Russia investigation.”
Jeff Mordock of The Washington Times reports that “Roger Stone sentenced to more than 3 years in prison.”
Ashraf Khalil, Mark Sherman, and Mike Balsamo of The Associated Press report that “Trump ally Roger Stone sentenced to 40 months in prison.”
Sarah N. Lynch and Jan Wolfe of Reuters report that “Judge sentences Trump adviser Stone to three years and four months in prison.”
Erik Larson and Billy House of Bloomberg News report that “Roger Stone Gets Over Three Years in Jail for Trump Cover-Up.”
Pete Williams of NBC News reports that “Trump associate Roger Stone sentenced to 3 years, 4 months in prison for lying to Congress; Stone will not have to report to prison until the judge acts on a pending defense motion for a new trial, based on a claim of juror bias.”
Katelyn Polantz of CNN reports that “Roger Stone sentenced to 40 months in prison amid Trump complaints against prosecutors.”
Brooke Singman and Bill Mears of Fox News report that “Roger Stone sentenced to 3 years for lying, witness tampering as case roils DOJ.”
Darren Samuelsohn and Josh Gerstein of Politico report that “Roger Stone sentenced to over three years in prison; The president has called Stone’s treatment a miscarriage of justice, raising questions about whether he will grant clemency to his longtime political confidant.”
And Harper Neidig of The Hill reports that “Roger Stone sentenced to over three years in prison.”
“Philly can become less anti-business by looking at the courts”: Tiger Joyce and Curt Schroder have this op-ed in today’s edition of The Philadelphia Inquirer.
