“The Supreme Court Didn’t Have to Rely on Xenophobic Logic; But it did”: Online at The Atlantic, law professor Leah Litman has an essay that begins, “A little more than a century ago, in what are known as the Chinese Exclusion Cases, the Supreme Court said that the political branches possess sweeping powers over noncitizens who are seeking to enter the United States.”
“Could the Supreme Court’s Landmark L.G.B.T.-Rights Decision Help Lead to the Dismantling of Affirmative Action?” Law professor Jeannie Suk Gersen has this post online at The New Yorker.
“Trump’s effort to dismantle Obamacare during the pandemic might be his riskiest move yet”: Maeve Reston of CNN has this news analysis.
“‘Appellate Project’ Aims to Boost Diversity in Specialized Bar; The Appellate Project is developing ways to interest minority law students in appellate work at an early stage; The group is working through educational outreach and an ‘incubator’ summer fellowship program”: Tony Mauro of The National Law Journal recently had this report.
“Josh Hawley warns Trump on Supreme Court disappointments; The GOP senator says the president needs to overhaul his process for picking nominees, in a swipe at top legal conservatives”: Marianne LeVine of Politico has this report.
“Trump administration’s move to end Obamacare amid pandemic reignites political fight”: Seung Min Kim and Karoun Demirjian of The Washington Post have this report.
And Stephanie Armour and Ken Thomas of The Wall Street Journal report that “Democrats Campaign on Health Care as Trump Tries to End Obamacare; Biden said this week the Affordable Care Act is helping people who have lost jobs and health coverage during the pandemic.”
“What Texas Would Look Like Without Obamacare: The state leading the latest effort to overturn the health law used to have weaker coverage and more uninsured residents.” Sarah Kliff has this post at “TheUpshot” blog of The New York Times.
“Trump’s 200th judicial appointment: Less than meets the eye.” Russell Wheeler has this post at the “FixGov” blog of The Brookings Institution.
“Justice Gorsuch’s Halfway Textualism Surprises and Disappoints in the Title VII Cases”: Law professors Josh Blackman and Randy Barnett have this essay online at National Review.
“The prosecution of Michael Flynn is not over yet; Under the court’s rules, any active judge of the full DC Circuit can call for review by the entire court; That’s exactly what the judges should do”: Law professor Andrew Manuel Crespo and Kristy Parker have this essay online at The Boston Globe.
“Supreme Court Notebook: Election-year retirement unlikely.” Mark Sherman of The Associated Press has this report.
“The Other Police Immunity Problem; Departments escape accountability under a 1978 Supreme Court ruling”: Law professor Peter H. Schuck has this op-ed in today’s edition of The Wall Street Journal.
“Michael Flynn Gets His Writ; An appellate court orders Judge Sullivan to dismiss the charges”: This editorial appears in today’s edition of The Wall Street Journal.
“The Flynn decision doesn’t pass the smell test”: Columnist E.J. Dionne Jr. has this op-ed in today’s edition of The Washington Post.
“Radical justice: Will Clarence Thomas stick it out for a 30th year on the court? Some conservatives would like Donald Trump’s favourite justice to step aside.” Steven Mazie has this article in the June 27, 2020 issue of The Economist.
“Justices have a lot to say, but all is quiet in the Supreme Court”: Mark Walsh has this report online at ABA Journal.
“The Abolition of Man and Woman: If each of us is defined by a ‘gender identity’ related only arbitrarily to sex, we are all transgender now.” In today’s edition of The Wall street Journal, David Crawford, Michael Hanby, and Margaret Harper McCarthy have an op-ed that begins, “A commonplace assumption of American liberalism, that courts merely preside over contests of rights, conceals the judiciary’s limitless power to decide questions of truth without thinking deeply or even honestly about them. Bostock v. Clayton County is a case in point.”
“Covid Crisis Could Bring First for Roberts Court: July Opinions.” Kimberly Strawbridge Robinson and Jordan S. Rubin of Bloomberg Law have this report (subscription required for full access).
“Five Years Later, How Obergefell Paved the Way for Bostock and the DACA Decision”: Evan Wolfson has this jurisprudence essay online at Slate.
“Unbundling DACA and Unpacking Regents: What Chief Justice Roberts Got Right.” Benjamin Eidelson has this guest post at the “Balkinization” blog.
“Trump Judge Neomi Rao’s Flynn Opinion Is Dangerous and Anti-Democratic”: Mark Joseph Stern has this jurisprudence essay online at Slate.
And online at Vox, Ian Millhiser has an essay titled “The court decision dismissing charges against Michael Flynn is astonishingly bad; Neomi Rao rides again.”
“Errors of Will and of Judgment”: At the “Law & Liberty” blog, John O. McGinnis has a post that begins, “The law can be marred by both results-oriented decisions and honest, intellectual mistakes. Both kinds of distortions were on display at the Supreme Court last week.”
“The Deeply Concerning, Misguided D.C. Circuit Mandamus Ruling in the Flynn Case”: Marty Lederman has this post at the “Just Security” blog.
At “The Volokh Conspiracy,” Paul Cassell has a post titled “The D.C. Circuit’s Dubious Decision Ordering the Flynn Case Dismissed; A 2-1 ruling concludes that the district court cannot even hold a hearing on the subject.”
And also at “The Volokh Conspiracy,” Orin S. Kerr has a post titled “In re Michael Flynn as Bush v. Gore; A thought on [the] D.C. Circuit ruling.”
Access online today’s ruling of the U.S. Supreme Court in an argued case: Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Department of Homeland Security v. Thuraissigiam, 19-161. Justice Clarence Thomas issued a concurring opinion. Justice Stephen G. Breyer issued an opinion concurring in the judgment, in which Justice Ruth Bader Ginsburg joined. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Elena Kagan joined. You can access the oral argument via this link.
“Can Textualism (and Originalism) Expand Judicial Discretion? An Analysis of Justice Gorsuch’s Opinoin in Bostock v. Clayton County.” Michael Gentithes has this post at the “Appellate Advocacy Blog.”
Also at that blog, Adam Lamparello has a post titled “The Nature of Judging at the United States Supreme Court.”
“Gorsuch’s Textual Revolution”: Thomas Ascik has this post at the “Law & Liberty” blog.
“Supreme Court 2020: Major rulings on abortion, Trump’s tax returns still to come”: David G. Savage of The Los Angeles Times has this report.
“With Wilson Confirmation, Trump and Senate Republicans Achieve a Milestone; The confirmation of the Mississippian, over Democratic opposition, fills the final appeals court vacancy and makes him the 200th judge installed by President Trump”: Carl Hulse of The New York Times has this report.
John Wagner of The Washington Post reports that “Senate confirms 200th judicial nominee from Trump, a legacy that will last well beyond November.”
Devan Cole and Ted Barrett of CNN report that “Senate confirms Trump’s 200th judicial nominee.”
Marianne LeVine of Politico reports that “Senate confirms 200th judge under Trump; All Democrats and one Republican opposed Cory Wilson’s nomination to serve on the U.S. Court of Appeals for the Fifth Circuit.”
And Jordain Carney of The Hill reports that “McConnell, Senate confirm Trump’s 200th judicial nominee.”
Today, the U.S. Senate confirmed Mississippi Court of Appeals Judge Cory T. Wilson to the U.S. Court of Appeals for the Fifth Circuit by a vote of 52-to-48.
“Absentee ballots will be critical this fall. But in-person voting is even more essential.” Law professor Richard H. Pildes has this op-ed in today’s edition of The Washington Post.
“Federal Courts, Criminal Procedure Expert Richard Re To Join Faculty; Academic’s Work Had Supreme Court Talking in 2018”: Eric Williamson of the University of Virginia School of Law has this report.
“No Black Judges Among Trump’s Appeals Court Confirmations”: Madison Alder and Jasmine Ye Han of Bloomberg Law have this report.
“Appeals court orders judge to dismiss criminal case against Michael Flynn”: Ann E. Marimow of The Washington Post has this report.
And Charlie Savage of The New York Times reports that “Appeals Court Panel Orders End to Michael Flynn Case; Two appellate judges ordered a lower-court judge to immediately dismiss a charge against President Trump’s former national security adviser; A third judge accused them of overstepping their powers.”
Aruna Viswanatha and Dustin Volz of The Wall Street Journal report that “Appeals Court Panel Orders Judge to Dismiss Case Against Flynn; Justice Department requested the judge dismiss the case after President Trump’s first national security adviser had earlier pleaded guilty.”
Kristine Phillips of USA Today reports that “Federal appeals court orders dismissal of Michael Flynn case, likely ending prosecution of ex-Trump adviser.”
Jeff Mordock of The Washington Times reports that “Michael Flynn case dismissed by federal appeals court.”
Eric Tucker of The Associated Press reports that “Appeals court orders dismissal of Michael Flynn prosecution.”
Sarah N. Lynch of Reuters reports that “U.S. court orders dismissal of case against former Trump aide Flynn.”
Erik Larson of Bloomberg News reports that “Michael Flynn Wins Ruling Ordering Judge to Dismiss Case.”
Allan Smith and Pete Williams of NBC News report that “Appeals court orders judge to dismiss Michael Flynn case; The ruling was the latest episode in the long-winding Flynn saga.”
Katelyn Polantz of CNN reports that “Appeals court orders judge to dismiss Michael Flynn case.”
Brooke Singman of Fox News reports that “Appeals court orders Flynn case dismissal, after years-long legal saga.”
Josh Gerstein and Kyle Cheney of Politico report that “Federal appeals court orders Flynn judge to dismiss charges; The D.C. circuit’s ruling came after the Justice Department filed a motion to drop the case against the former Trump national security adviser.”
Harper Neidig of The Hill reports that “Appeals court orders judge to dismiss Flynn charges.”
And Zoe Tillman of BuzzFeed News reports that “The DC Circuit Is Forcing A Judge To Dismiss The Criminal Case Against Trump’s Ally Michael Flynn; The Justice Department asked a judge to dismiss Flynn’s case after a new review of evidence ordered by Attorney General Bill Barr.”
You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link. Circuit Judge Neomi Rao wrote the majority opinion.
“Journal of Appellate Practice and Process to transfer from University of Arkansas at Little Rock to University of Arizona; Scholarly Publication will go digital”: The William H. Bowen School of Law of the University of Arkansas at Little Rock issued this news release today.
Congratulations to all involved, and in particular to Nancy Bellhouse May (who has served as the publication’s editor since 2004) and to Tessa Dysart (who will serve as the publication’s editor-in-chief going forward).
Third Circuit to livestream on YouTube the audio of this morning’s rehearing en banc in United States v. Malik Nasir: The argument is scheduled to get underway at 9:30 a.m. eastern time, and you can listen live via this link.
The Cato Institute, which filed an amicus brief in support of the defendant, offers this summary of the case.
“Maria Monaghan ’17 To Clerk for U.S. Supreme Court Justice Samuel Alito”: Mike Fox of the University of Virginia School of Law has this report.