“Cumulative Finality and Amending Rule 4(a)(2); Federal Rule of Appellate Procedure 4(a)(2) should be amended to allow subsequent events to save any premature notice of appeal”: Bryan Lammon has this post at his “final decisions” blog.
Therein, Lammon discusses the Federal Appellate Rule of Procedure that corresponds to the Pennsylvania Rule of Appellate Procedure that was the subject of this month’s installment of my “Upon Further Review” column in The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, titled “Appealed Too Soon? The Saving Graces of Pa. Rule of Appellate Procedure 905(a)(5).”
“The secret feminist history of the US Supreme Court”: Ephrat Livni of Quartz has this report.
“Native American and Jewish — now state Supreme Court judge”: Emily Burack has this article online at Intermountain Jewish News.
“How Justice Scalia paved the way for Trump’s assault on the rule of law; Three words: ‘the unitary executive.'” Ian Millhiser has this essay online at Vox.
“Former Clerk Alleges Sexual Harassment by Appellate Judge; The former clerk told a House committee that Judge Stephen R. Reinhardt, a prominent liberal judge who died in 2018, routinely sexually harassed her and other women who worked for him”: Catie Edmondson will have this article in Friday’s edition of The New York Times.
Shoshana Dubnow of ABC News reports that “Judiciary employees want ‘sustained commitment’ against workplace sexual harassment; A former clerk said she feared retaliation for reporting misconduct by a judge.”
And Justine Coleman of The Hill reports that “Former law clerk testifies she feared reporting sexual harassment to court system.”
“Merrick Garland passes gavel to Sri Srinivasan to lead influential appeals court”: Ann E. Marimow of The Washington Post has an article that begins, “Merrick Garland formally stepped down from his role as chief judge of the influential appeals court in Washington, passing the gavel Thursday to Sri Srinivasan, the first person of South Asian descent to lead a federal circuit court.”
“A courtship four decades in the making: they met when Jimmy Carter tapped them for bench, wed 25 years later.” Gabrielle Banks of The Houston Chronicle has this report.
“The ‘Odd Party Out’ Theory of Certiorari”: Adam Bonica, Adam Chilton, and Maya Sen have posted this article online at the Scholars at Harvard site.
“Ex-law clerk tells Congress she was sexually harassed by federal judge”: Ariane de Vogue of CNN has this report.
Jacqueline Thomsen of The National Law Journal reports that “Stunning Reinhardt Sexual Harassment Allegations Prompt Talk of Next Steps on Judicial Misconduct; Former law clerk Olivia Warren’s testimony about alleged sexual harassment from the late Judge Stephen Reinhardt is helping to spur members of Congress to act further on judicial misconduct.”
And in commentary, online at Slate, Susan Matthews has a jurisprudence essay titled “When a ‘Liberal Lion’ Is Also Your Harasser; A former clerk testified before Congress about the abuse she says she suffered working for Judge Stephen Reinhardt and what the law didn’t do to protect her.”
“Ratification of Equal Rights Amendment runs into opposition — from Trump, sure, but Ruth Bader Ginsburg?” David G. Savage of The Los Angeles Times has this report.
“After Stone Case, Prosecutors Say They Fear Pressure From Trump; The episode also brought to a head tensions in the U.S. attorney’s office in Washington”: Katie Benner, Charlie Savage, Sharon LaFraniere, and Ben Protess have this front page article in today’s edition of The New York Times.
“Barr blasts Trump’s tweets on Stone case: ‘Impossible for me to do my job’: ABC News Exclusive; The AG spoke with ABC News Chief Justice Correspondent Pierre Thomas.” Anne Flaherty of ABC News has this report.
“Sexual harassment allegations highlight pervasive danger for female law clerks; Clerkships are seen as a path to lucrative careers, but ‘profane atmosphere’ reported in recent years reveals a systemic problem”: Stephanie Kirchgaessner of The Guardian (UK) has this report.
Mark Sherman of The Associated Press reports that “Former law clerk alleges harassment by late prominent judge.”
And Josh Gerstein of Politico reports that “Ex-clerk says deceased federal appeals judge was sexual harasser; The woman said the judge repeatedly insulted her over her appearance, made vulgar comments, and disparaged other women who had leveled allegations of sexual harassment and assault.”
“Conservatives, liberals mull next Supreme Court battle with memories of 2016”: Richard Wolf of USA Today has this report.
“Late Judge Reinhardt Accused of Sex Harassment by Former Clerk”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.
And Jacqueline Thomsen of The National Law Journal reports that “Former Law Clerk Alleges Repeated Sexual Harassment by Late Judge Stephen Reinhardt; The claims came during testimony at a House subcommittee hearing on sexual misconduct in the federal judiciary.”
You can access at this link the full text of Olivia Warren‘s prepared testimony at today’s hearing of the House Judiciary Committee‘s Subcommittee on Courts, Intellectual Property, and the Internet on the subject of “Protecting Federal Judiciary Employees from Sexual Harassment, Discrimination, and Other Workplace Misconduct.”
This morning’s hearing has now concluded — having started at 8:30 a.m. eastern time — but you can access the video of the entire hearing on YouTube via this link. The prepared testimony of all of the witnesses at the hearing, and other related materials, can be accessed via this link.
“America May Be Nearing the End of the Roe Era; June Medical Services v. Gee presents the Supreme Court with the power to green-light extremely restrictive abortion laws”: Law professor Garrett Epps has this essay online at The Atlantic.
“The Supreme Court in the Mean Season: A summary decision kicks an untold number of legal immigrants off the path to citizenship.” Linda Greenhouse has this essay online at The New York Times.
“The Political Economy of the Free Exercise Clause”: At the “Law & Liberty” blog, John O. McGinnis has a post that begins, “The Supreme Court has recently heard arguments in Espinoza v. Montana Department of Revenue, a potentially monumental case concerning the Free Exercise Clause.”
“‘With Barr in Charge, Anything Goes’: The DOJ Has Been Weaponized for Trump Payback; After the Roger Stone meddling, former DOJ attorneys say the current department misdeeds are worse than Watergate, leaving DOJ insiders ‘angry, depressed, confused, dismayed, disaffected.'” Chris Smith has this post online at Vanity Fair.
“The Real ‘Miscarriage of Justice’ in the Stone Sentencing: Trump’s public pressure campaign on behalf of a convicted ally will haunt the Department of Justice.” Renato Mariotti has this essay online at Politico Magazine.
“Trump takes on Judge Amy Berman Jackson ahead of Roger Stone’s sentencing”: Ann E. Marimow of The Washington Post has this report.
“Trump seeks to bend the executive branch as part of impeachment vendetta”: Philip Rucker, Robert Costa, and Josh Dawsey of The Washington Post have an article that begins, “President Trump is testing the rule of law one week after his acquittal in his Senate impeachment trial, seeking to bend the executive branch into an instrument for his personal and political vendetta against perceived enemies.”
“After legendary 53-year career, Brooklyn Federal Judge Jack Weinstein hangs up his robe at age 98”: Noah Goldberg of The New York Daily News has this report.
“A man of letters: The Antonin Scalia Collection opens at Harvard Law School; Papers from the life and work of U.S. Supreme Court Justice Antonin Scalia ’60 now available at HLS.” Harvard Law Today has this report.
“Alan Dershowitz Accuses David Boies of Extortion in Defamation Suit; The two American legal titans have escalated their battle as they tangle in the aftermath of Jeffrey Epstein’s arrest and suicide”: Deanna Paul of The Wall Street Journal has this report.
“House Dems introduce bill to combat defense tactic of ‘snap removals'”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“With DOJ’s intervention in Roger Stone case, William Barr cements his role as Trump’s defender-in-chief”: Kevin Johnson, Kristine Phillips, and Dennis Wagner of USA Today have this report.
Eileen Sullivan and Michael D. Shear of The New York Times report that “Trump Says Prosecutors ‘Ought to Apologize’ to Roger Stone; The Justice Department had moved against its own prosecutors to recommend a shorter sentence for one of President Trump’s friends, Roger J. Stone Jr.”
And in commentary, online at The New York Times, law professor Bob Bauer has an essay titled “Trump and Barr Are Out of Control; The prosecutor who quit over the Roger Stone sentencing is sending a powerful message about political weaponization.”
“Protecting Federal Judiciary Employees from Sexual Harassment, Discrimination, and Other Workplace Misconduct”: The U.S. House of Representatives Judiciary Committee‘s Subcommittee on Courts, Intellectual Property, and the Internet will be holding this hearing starting at 8:30 a.m. eastern time Thursday.
Once underway, the hearing will be streamed live on YouTube via this link.
“School Can Let Trans Student Use Bathroom of Gender Identity”: Peter Hayes of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.
Back in July 2019, Maxine Bernstein of The Oregonian reported on the oral argument of the appeal (YouTube video) in an article headlined “Oregon school district’s restroom policy for transgender students goes before 9th Circuit.”
“Court allows Arizona ban on ‘ballot harvesting’ to remain in force through presidential preference election”: Howard Fischer of The Arizona Daily Star has this report.
“Trump praises William Barr for ‘taking charge’ of Roger Stone’s case”: Dave Boyer of The Washington Times has this report.
Boyer also has an article headlined “Former AG Eric Holder calls prosecutors who quit Roger Stone case ‘heroes.’”
And earlier yesterday, Stephen Dinan of The Washington Times reported that “AG Barr blames ‘rogue DAs’ for rise in violent crime in big cities.”
“2020 Democrats are looking to ‘pack’ the Supreme Court with secret picks”: Carrie Severino has this essay online at Fox News.
“Magazines over 10 rounds were well-known to the Founders; Third Circuit case challenges NJ magazine confiscation statute”: David Kopel has this post at “The Volokh Conspiracy.”
“Trump’s Conquest of the Department of Justice is Complete: The president’s crony attorney general is bent on whitewashing the administration’s misdeeds, forever scarring the department’s integrity.” Matt Ford of The New Republic has this report.
“Challenge to Gay Conversion Bans Hits 11th Circuit”: Izzy Kapnick of Courthouse News Service has a report that begins, “The constitutionality of South Florida bans on juvenile gay conversion therapy is hanging in the balance in the 11th Circuit, where attorneys jousted Tuesday over whether the bans violate therapists’ free speech rights.”
You can access via this link the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit, consisting of Circuit Judges Beverly B. Martin, Britt C. Grant, and Barbara Lagoa.
