Eleventh Circuit grants rehearing en banc to reconsider its jurisprudence on Fourth Amendment abandonment as presenting a question of Article III jurisdiction: You can access yesterday’s order of the U.S. Court of Appeals for the Eleventh Circuit granting rehearing en banc at this link.
You can access the original three-judge panel’s now-vacated opinion, in which Circuit Judge Kevin C. Newsom wrote not only the majority opinion but also a concurring opinion calling for full-court review of this issue, at this link.
“Portland woman went to jail with $30.97 in cash. She’s suing after getting debit card in return loaded with service fees.” Maxine Bernstein of The Oregonian recently had this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued last week.
“No Evidence of Aloe Vera Found in the Aloe Vera at Wal-Mart, CVS; Wal-Mart, Target, CVS sell aloe without appearance of plant”: Lydia Mulvany and Zeke Faux of Bloomberg News had this article back in November 2016.
The matter invariably led to litigation, and in a ruling issued today, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit begs to disagree.
Disavowing earlier dicta, Sixth Circuit holds that the Fourth Amendment does not prohibit officers from making a Terry stop to investigate a misdemeanor: Sixth Circuit Judge Jeffrey S. Sutton issued yesterday’s decision on behalf of a unanimous three-judge panel.
“Federal judges consider bid to unseal settlement in Iberia Parish Sheriff’s Office death lawsuit”: Matt Sledge of The New Orleans Advocate had this article back in October 2019.
Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this decision unsealing the matters at issue.
“Court sides with scientists on EPA policy barring grantees from serving on agency boards”: Rebecca Beitsch of The Hill has this report.
And Thomas F. Harrison of Courthouse News Service reports that “Scientists Booted From EPA Committees Get New Shot at Suit.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the First Circuit at this link.
“Documents Received Via Records Requests Show Public Schools Lavishing Supreme Court Justices with Fancy Travel, Hotels, Gifts; A private jet flight for Thomas, silver cups for Gorsuch, a seat in the Chancellor’s Box for Kagan”: The organization Fix the Court issued this news release today.
The organization today issued a report titled “When Justices Go to School: Lessons from Supreme Court Visits to Public Colleges and Universities” written by Tyler Cooper and Dylan Hosmer-Quint and edited by by Gabe Roth. And the documents on which the report and news release are based can be accessed via this link.
“Ruling virtually, Supreme Court decides cases on insanity defense, discrimination and copyright”: Robert Barnes of The Washington Post has this report.
Jess Bravin of The Wall Street Journal reports that “Lawmakers Can Narrow Insanity Defense, Supreme Court Rules; The court left open the possibility of a future challenge under the Eighth Amendment, which forbids cruel and unusual punishments.” And Bravin and Brent Kendall of The Wall Street Journal have an article headlined “Supreme Court Rules on Race, Copyright and Deportation; The bench was vacant Monday, as the justices, following guidance for social distancing, issued their decisions remotely.”
Richard Wolf of USA Today has articles headlined “Supreme Court says states can limit scope of insanity defense“; “Supreme Court affirms strict standard to prove race discrimination in contracting“; and “Ahoy! Supreme Court protects states from copyright lawsuits in Blackbeard pirate ship case.”
Christian Hetrick of The Philadelphia Inquirer reports that “The Supreme Court sides with Comcast in Byron Allen’s racial discrimination case.”
Andrew Chung and Lawrence Hurley of Reuters report that “U.S. Supreme Court lets states bar insanity defense.” And Chung also has reports headlined “U.S. Supreme Court hinders comedian-businessman’s race-bias suit against Comcast” and “U.S. Supreme Court maroons filmmaker in Blackbeard video piracy fight.”
Greg Stohr of Bloomberg News has reports headlined “Supreme Court Orders New Look at Byron Allen’s Comcast Bias Suit” and “States Shielded From Copyright Suits, Supreme Court Rules.”
Ariane de Vogue and Devan Cole of CNN report that “Supreme Court says states can bar insanity defenses.”
Tucker Higgins of CNBC reports that “Supreme Court hands win to Comcast in $20 billion racial discrimination suit.”
John Kruzel of The Hill reports that “Supreme Court raises bar for racial discrimination claims in contracts.”
And at the “THR, Esq.” blog of The Hollywood Reporter, Eriq Gardner has posts titled “Supreme Court Vacates Ruling Allowing Bias Case Against Comcast” and “Supreme Court Decides North Carolina Is Immune from Filmmaker’s Copyright Suit.”
“Darius Swann, lead plaintiff in Supreme Court busing case, dies at 95”: Harrison Smith of The Washington Post has written this obituary.
“White House suspension of reporter’s press credential at issue in First Amendment lawsuit”: Ann E. Marimow of The Washington Post has this report.
Josh Gerstein of Politico reports that “Court grapples with White House’s right to suspend press passes; One judge calls the Trump administration’s stance ‘astounding.’”
And Megan Mineiro of Courthouse News Service reports that “In Phone Hearing, Panel Takes Up Revoked White House Press Pass.”
You can access at this link the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.
“Five GA Supreme Court justices remove themselves from election dispute”: Bill Rankin of The Atlanta Journal-Constitution has an article that begins, “Five of the eight justices on the Georgia Supreme Court on Monday disqualified themselves from a case calling for an open election for Justice Keith Blackwell’s seat.”
And R. Robin McDonald of The Daily Report of Fulton County, Georgia reports that “State Supreme Court Splits on Recusing in Fight Over Justice Blackwell’s Seat; The court named five superior court judges to hear the case alongside the three remaining justices.”
You can access today’s five-page order of the Supreme Court of Georgia at this link.
“Trump cannot block critics on Twitter, federal court affirms in ruling”: Ann E. Marimow of The Washington Post has this report.
Alex Swoyer of The Washington Times reports that “Federal court won’t rehear Trump’s argument for blocking Twitter critics.”
Larry Neumeister of The Associated Press reports that “Supreme Court last chance for Trump to block Twitter critics.”
Katelyn Polantz of CNN reports that “Appeals court won’t revisit ruling saying Trump can’t block Twitter users.”
Leah Nylen of Politico reports that “Appeals court won’t review Trump Twitter case; The request came from the Justice Department, which can still appeal to the Supreme Court.”
You can access today’s order of the U.S. Court of Appeals for the Second Circuit denying rehearing en banc, and the opinions respecting and dissenting therefrom, at this link.
“Back at Work but Not on the Bench, Supreme Court Issues 3 Major Opinions; The court ruled in cases on the insanity defense, race discrimination and copyright infringement”: Adam Liptak of The New York Times has this report.
And David G. Savage of The Los Angeles Times reports that “Supreme Court limits race-bias lawsuits in a setback for L.A. TV producer Byron Allen.”
Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued four decisions in argued cases.
1. Justice Neil M. Gorsuch delivered the opinion of the Court in Comcast Corp. v. National Assn. of African-American Owned Media, No. 18-1171. And Justice Ruth Bader Ginsburg issued an opinion concurring in part and concurring in the judgment. You can access the oral argument via this link.
2. Justice Elena Kagan delivered the opinion of the Court in large measure in Allen v. Cooper, No. 18-877. Justice Clarence Thomas issued an opinion concurring in part and concurring in the judgment. And Justice Stephen G. Breyer issued an opinion, in which Justice Ginsburg joined, concurring in the judgment. You can access the oral argument via this link.
3. Justice Kagan also delivered the opinion of the Court in Kahler v. Kansas, No. 18-6135. Justice Breyer issued a dissenting opinion, in which Justices Ginsburg and Sonia Sotomayor joined. You can access the oral argument via this link.
4. And Justice Breyer delivered the opinion of the Court in Guerrero-Lasprilla v. Barr. No. 18-776. Justice Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined in large measure. You can access the oral argument via this link.
“Divided Pa. Supreme Court rejects challenges to Gov. Wolf’s business shutdown order over coronavirus”: Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report.
And at “The Volokh Conspiracy,” Josh Blackman has a post titled “Divided PA Supreme Court: Governor can shut down firearms dealers during Coronavirus emergency.”
Yesterday’s decision of the Supreme Court of Pennsylvania consisted of a per curiam order and a concurring and dissenting statement in which three of the Court’s seven Justices joined.
“A Judicial Takeover of Asylum Policy?” Thomas Ascik has this post at the “Law & Liberty” blog.
“We See You, Steve”: You can access via this link today’s new episode of the “Strict Scrutiny” podcast featuring law professors Melissa Murray, Kate Shaw, and Leah Litman.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.
The Court issued a per curiam decision vacating the judgment of the U.S. Court of Appeals for the Fifth Circuit in Davis v. United States, No. 19–5421.
And in Avery v. United States, No. 19–633, Justice Brett M. Kavanaugh issued a statement respecting the denial of certiorari.
“Yost orders clinics to stop ‘non-essential and elective’ surgical abortions”: Darrel Rowland of The Columbus (Ohio) Dispatch has this report.
Hannah Knowles of The Washington Post reports that “Ohio clinics ordered to halt abortions deemed ‘nonessential’ amid coronavirus response.”
And Riley Beggin of Vox reports that “Ohio’s attorney general told providers to stop abortions during the coronavirus pandemic; Ohio says abortions are ‘nonessential’ surgeries; Advocates say all abortions are essential.”
“Supreme Court to Begin Live Streaming Hearings After Coronavirus Crisis; As a pilot, journalists at the Supreme Court Sunday were able to watch a closed-circuit broadcast of the petition against the closure of the Knesset by Knesset Speaker Edelstein”: Netael Bandel of Haaretz has this report.
And Isabel Kershner of The New York Times has an article headlined “Citing Threat to Israeli Democracy, Netanyahu Opponents Take Battle to Supreme Court; Critics accuse Prime Minister Benjamin Netanyahu of a ‘coup d’état’ under the cover of the coronavirus; He says he is saving lives.”
“Don’t let constitutional rights be a victim of this virus”: Caroline Fredrickson has this essay online at The Washington Post.
“Alaska Supreme Court: Recall to be argued by phone, out of sight of Alaskans.” Suzanne Downing has this post at Must Read Alaska.
And James Brooks of The Anchorage Daily News reports that “Dunleavy recall switches to at-home signing.” The newspaper has posted at this link Thursday’s notice of the Supreme Court of Alaska concerning the oral argument of this case.
“The Supreme Court has shunned technology: Could coronavirus change that?” Jeff John Roberts of Fortune has this report.
“Supreme Court Must Adapt to Hear Scheduled Cases”: At his “Jost on Justice” blog, Kenneth Jost has a post that begins, “The Supreme Court’s 2019 term is in serious jeopardy unless the justices overcome their aversion to technological advances that could allow the Court to hold most oral arguments even as the coronavirus pandemic forces postponement or drastic alteration of the usual public sessions.”
“One SDFLA trial carries on while the rest of the justice system has shut down”: David Oscar Markus has this post at his blog, “The SDFLA Blog.”
“David Lat Put on Ventilator, in Critical Condition With COVID-19 Infection; The founder of the Above the Law blog was put on a ventilator after ‘his oxygen levels dropped,’ according to his husband”: Jason Grant of the New York Law Journal has this report.
“How Does He Do It? Kirkland Partner at Home With 11 Kids. Any normal person under similar circumstances would be going bonkers.” Vivia Chen of The American Lawyer has this report about longtime “How Appealing” reader Michael F. Williams.
Had the pleasure of receiving a behind-the-scenes tour of the U.S. Supreme Court from Mike during his clerkship there in 2003.
“Barrow, suing for high court vote, tells 8 justices: Recuse yourselves.” Bill Rankin of The Atlanta Journal-Constitution has an article that begins, “All eight Georgia Supreme Court justices should disqualify themselves from hearing a case calling for an open election of Justice Keith Blackwell’s seat, a motion filed Thursday by former congressman John Barrow said.”
“Deep inside a desolate courthouse, 12 jurors perform civic duty as coronavirus shuts down world around them”: Dan Morse of The Washington Post has this report.
“Coughing Lawyers. Uneasy Jurors. Can Courts Work Under Coronavirus? The justice system is struggling to deal with the pandemic, turning to video arraignments and considering the release of older Rikers prisoners.” Alan Feuer, Nicole Hong, Benjamin Weiser, and Jan Ransom of The New York Times have this report.
“Arkansas Abortion Law Decision Will Wait for Supreme Court”: Mary Anne Pazanowski of Bloomberg Law has an article that begins, “The fate of three Arkansas abortion laws won’t be decided until after the U.S. Supreme Court decides a case contesting a Louisiana law, which requires providers to obtain admitting privileges at local hospitals, a federal appeals court said.”
“Supreme Court: Justices healthy and trying to stay that way.” Mark Sherman of The Associated Press has this report.
Lawrence Hurley of Reuters reports that “Ginsburg, other justices ‘healthy’ as U.S. Supreme Court adjusts to coronavirus.”
Greg Stohr of Bloomberg News reports that “All Nine Supreme Court Justices Healthy, Spokeswoman Says.”
And Tyler Olson and Bill Mears of Fox News report that “Supreme Court says all justices are healthy amid coronavirus pandemic.”
“Lawyers, gunshop owners petition Pa. Supreme Court challenging Gov. Wolf’s coronavirus business closure order”: Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report.
And Max Mitchell of The Legal Intelligencer reports that “Pa. Office of Counsel OK’s AOPC Guidance Saying Law Offices May Stay Open on Restricted Basis.”
“‘Kind of a mess’: D.C. Circuit arguments enter the coronavirus era; Random beeps, muddled voices, overtalking, dropped calls; It was all part of the experimental remote hearing set-up for the D.C. Circuit Court of Appeals.” Josh Gerstein of Politico has this report.
You can access the audio of today’s D.C. Circuit oral argument via this link.
“Why the Supreme Court Should Protect the CFPB’s Independence: I led the agency for six years; It must keep doing its important work of protecting consumers.” Richard Cordray has this essay online at The Atlantic.
