“AP Exclusive: New dates set to begin federal executions.” Mike Balsamo of The Associated Press has this report.
And Jeff Mordock of The Washington Times reports that “Justice Department sets dates for first federal executions since 2003.”
“Justice Gorsuch fires a torpedo at Trump’s re-election”: Damon Linker has this essay online at The Week.
“LGBT Rights Supreme Court Ruling Is a Power Play by Gorsuch; The conservative justice seized an opportunity to appear objective”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Another Win for the Kagan Court: She wins over Gorsuch and Roberts to rewrite the Civil Rights Act.” The Wall Street Journal has published this editorial.
“Gorsuch, Conservative Favorite Appointed by Trump, Leads Way on Landmark Decision; One conservative group said the justice’s opinion in the L.G.B.T. rights case had betrayed the legacy of Justice Antonin Scalia, whose seat on the court he has held since 2017”: Michael D. Shear of The New York Times has this report.
“Why Trump’s Supreme Court appointee Neil Gorsuch just protected LGBTQ rights”: Ariane de Vogue of CNN has this report.
And Joan Biskupic of CNN reports that “Supreme Court, despite conservatism, keeps expanding LGBTQ rights.”
“Two Supreme Court jaw droppers: The LGBTQ decision and you can’t believe who wrote it; The irony of Trump’s first appointee to the top court authoring a landmark ruling on gay rights.” Pete Williams of NBC News has this report.
“Will Justice Gorsuch Now Get an Apology From the Democrats?” The New York Sun has published this editorial.
“Fighting the Battle of a Derecho While Working From Home: Fortunately, for the most part appellate litigation can be performed anywhere one has access to a laptop computer and a reliable internet connection. Electricity helps too!” This month’s new installment of my “Upon Further Revuew” column will appear in tomorrow’s issue of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.
Therein, I note that this December will mark the column’s 20th anniversary. And Senior Ninth Circuit Judge N. Randy Smith makes a cameo appearance.
“Neil Gorsuch Just Handed Down a Historic Victory for LGBTQ Rights; An unlikely majority followed a straightforward legal theory to outlaw anti-LGBTQ workplace discrimination”: Mark Joseph Stern has this jurisprudence essay online at Slate.
And online at Vox, Ian Millhiser has an essay titled “The Supreme Court’s landmark LGBTQ rights decision, explained in 5 simple sentences; Justice Neil Gorsuch’s opinion is clear, straightforward, and correct.”
Harvard Hillel to host online event with Justice Stephen G. Breyer this evening: Details and instructions on how to view the event live can be accessed here.
“Civil Rights Law Protects Gay and Transgender Workers, Supreme Court Rules; The court said the language of the Civil Rights Act of 1964, which prohibits sex discrimination, applies to discrimination based on sexual orientation and gender identity”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court says gay, transgender workers are protected by federal law forbidding discrimination on the basis of sex.”
David G. Savage of The Los Angeles Times reports that “Supreme Court extends federal civil rights protection in workplace to all LGBTQ employees.”
Jess Bravin and Brent Kendall of The Wall Street Journal report that “Supreme Court Rules for Gay and Transgender Rights in the Workplace; Justices rule federal civil-rights law prohibits workplace discrimination against LGBT workers.”
Richard Wolf of USA Today reports that “Supreme Court grants federal job protections to gay, lesbian, transgender workers.”
Alex Swoyer of The Washington Times reports that “Supreme Court rules LGBT employees can sue employer for discrimination.”
Mark Sherman of The Associated Press reports that “Justices rule LGBT people protected from job discrimination.”
Lawrence Hurley of Reuters reports that “In landmark ruling, U.S. Supreme Court bars discrimination against LGBT workers.”
Greg Stohr of Bloomberg News reports that “Workers Can’t Be Fired for LGBT Status, U.S. Supreme Court Says.”
Pete Williams of NBC News reports that “In landmark case, Supreme Court rules LGBTQ workers are protected from job discrimination; The decision said Title VII of the Civil Rights Act of 1964, which makes it illegal for employers to discriminate because of a person’s sex, also covers sexual orientation and transgender status.”
Ariane de Vogue and Devan Cole of CNN report that “Supreme Court says federal law protects LGBTQ workers from discrimination.”
Ronn Blitzer and Bill Mears of Fox News report that “Supreme Court rules gay workers protected from job discrimination, in big win for LGBT rights.”
Josh Gerstein and Rebecca Rainey of Politico report that “Supreme Court finds federal law bars LGBT discrimination in workplace; Two of the court’s Republican appointees joined the court’s Democratic appointees to deliver the surprising, 6-3 victory to LGBT advocates.”
Harper Neidig of The Hill reports that “Workers can’t be fired for being gay or transgender, Supreme Court rules.”
Todd Ruger of Roll Call reports that “Supreme Court extends employment protections to LGBT individuals; Gorsuch, Roberts join liberal judges in first LGBT decision since Kennedy’s retirement.”
Dominic Holden and Zoe Tillman of BuzzFeed News report that “LGBTQ Americans Just Won A Massive Civil Rights Victory At The Supreme Court; A majority of justices ruled that an employer violates federal law when they fire someone for being LGBTQ.”
Tim Ryan and Brad Kutner of Courthouse News Service report that “High Court Rules Civil Rights Law Protects LGBT Workers.”
And on today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment titled “Supreme Court Rules LGBTQ Workers Protected Against Sex Discrimination.”
Access online today’s rulings of the U.S. Supreme Court in argued cases: The Court issued two rulings.
1. Justice Neil M. Gorsuch delivered the opinion of the Court in Bostock v. Clayton County, No. 17-1618. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justice Clarence Thomas joined. And Justice Brett M. Kavanaugh issued a dissenting opinion. You can access the oral arguments here and here.
2. Justice Thomas delivered the opinion of the Court in United States Forest Service v. Cowpasture River Preservation Ass’n, No. 18-1584. Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Elena Kagan joined. You can access the oral argument via this link.
“‘Troubling Tableau’ in 11th Circuit’s Prisoner Cases, Sotomayor Says; The appeals court, which covers three Southern states, uses procedures ‘out of step with other courts,’ Justice Sonia Sotomayor wrote, echoing critiques from judges and scholars”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
Access online today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in two new cases and requested the views of the Solicitor General in one case.
In addition, the Court issued a per curiam opinion in Andrus v. Texas, No. 18–9674. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justices Clarence Thomas and Neil M. Gorsuch joined.
In Rogers v. Grewal, No. 18–824, Justice Thomas issued a dissent, in which Justice Kavanaugh joined, from the denial of certiorari.
And in Baxter v. Bracey, No. 18–1287, Justice Thomas issued a dissent from the denial of certiorari.
“Supreme Court could force Congress into battle over Dreamers; Yet lawmakers, facing a growing list of crises, may not have the bandwidth to help DACA recipients — especially in an election year”: Marianne LeVine and Sarah Ferris of Politico have this report.
“Flynn: Who’s Playing the Politics?” The New York Sun has published this editorial.
“Meet the Trump Judge Who’s OK With Cops Shooting Unarmed People in the Back; A Trump appointee, Judge Jonathan Kobes, said an Arkansas police officer was justified in shooting a man in the back, even after a pat-down revealed the suspect was unarmed”: Lisa Needham has this essay online at Rewire.News.
“Senate panel advances Mississippi appeals court nominee”: Matthew Daly of The Associated Press has this report.
Jennifer Bendery of HuffPost reports that “Amid Racial Justice Marches, GOP Advances Trump Court Pick Hostile To Civil Rights; Cory Wilson, who has denied that restrictive voting laws lead to voter suppression, is up for a lifetime seat on a U.S. appeals court.”
Madison Alder of Bloomberg Law reports that “Senate Judiciary Approves Trump Fifth Circuit Pick Cory Wilson.”
And Tim Ryan of Courthouse News Service reports that “Trump Pick for Fifth Circuit Advances Past Senate Panel.”
“Court appears reluctant to order judge to immediately drop criminal case against Michael Flynn”: Ann E. Marimow and Spencer S. Hsu have this article in today’s edition of The Washington Post.
In today’s edition of The New York Times, Charlie Savage has an article headlined “Court Seems Open to Allowing Judge to Scrutinize Bid to Drop Flynn Case; An appeals court panel’s questions suggested that it is unlikely to block a lower-court judge from examining why prosecutors asked to dismiss the case against a Trump ally who already pleaded guilty.”
Byron Tau of The Wall Street Journal reports that “Appeals Court Voices Concerns About Michael Flynn’s Bid to End Judge’s Inquiry; Two of three judges raise questions about whether trial court judge can be ordered to cut the review short.”
Kristine Phillips of USA Today reports that “Appeals court seems unwilling to force dismissal of Michael Flynn case, attorneys face tough questioning.”
Jeff Mordock of The Washington Times reports that “DOJ attorney tells federal appeals court Flynn case has become ‘public spectacle.’”
Eric Tucker of The Associated Press reports that “Court appears reluctant to order dismissal of Flynn case.”
Sarah N. Lynch and Jan Wolfe of Reuters report that “U.S. appeals court skeptical of bid by ex-Trump adviser Flynn to end criminal case.”
Erik Larson of Bloomberg News reports that “Flynn Judges Express Doubt About Letting DOJ Toss Case Now.”
Pete Williams of NBC News reports that “Appeals court appears unlikely to stop Flynn case; Flynn’s lawyers are seeking order directing a federal district judge to let the Department of Justice drop the case.”
Katelyn Polantz of CNN reports that “Judges unpersuaded by Michael Flynn’s attempt to force a dismissal.”
Tyler Olson of Fox News reports that “Judge says court may have picked ‘intemperate’ lawyer to argue against DOJ dropping Flynn case.”
Josh Gerstein and Kyle Cheney of Politico report that “Appeals judges reluctant to force immediate end to Flynn case; The Justice Department has moved to drop the prosecution of Trump’s first national security adviser, but the judge handling the case has yet to sign off.”
John Kruzel of The Hill reports that “Appeals court appears reluctant to order dismissal of Flynn case.”
Zoe Tillman of BuzzFeed News reports that “Michael Flynn And The Government Want To Stop A Judge From Probing The Decision To Drop His Case. The DC Circuit Wasn’t Impressed. Flynn and the Department of Justice want to block the judge in his criminal case from reviewing the decision to drop his prosecution.”
Dan Mangan and Kevin Breuninger of CNBC report that “Ex-Trump advisor Michael Flynn faces skeptical appeals court.”
And Megan Mineiro of Courthouse News Service reports that “DC Circuit Shows Unease as Flynn Attempts Dismissal Leapfrog.”
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 D.C. Circuit.
“Charleston loses tour guide appeal; judges rule required testing is unconstitutional”: Emily Williams of The Post and Courier of Charleston, South Carolina has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
“Gov. Wolf asks Pa. Supreme Court to intervene, nullify Legislature’s COVID-19 reopening resolutions”: Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report on a request for extraordinary relief that the Pennsylvania Attorney General’s Office filed today in the Supreme Court of Pennsylvania.
And in other coverage, Mark Scolforo and Michael Rubinkam of The Associated Press report that “Wolf asks Pennsylvania Supreme Court to uphold shutdown.”
“The Constitution Doesn’t Need to be Rebuilt”: Greg Weiner has this post at the “Law & Liberty” blog.
“The Empty Promise of the Supreme Court’s Landmark Affirmative Action Case; Black students like me are tired of taking on the emotional labor to educate white peers”: Hannah Taylor has this jurisprudence essay online at Slate.
“Oregon Supreme Court vacates judge’s ruling that voided Gov. Brown’s coronavirus social gathering restrictions”: Maxine Bernstein of The Oregonian has this report.
Andrew Selsky of The Associated Press reports that “Oregon Supreme Court upholds governor’s shutdown orders.”
And Brendan Pierson of Reuters reports that “Oregon top court upholds governor’s stay-at-home order.”
You can access today’s per curiam ruling of the Supreme Court of Oregon at this link.
“Utah Supreme Court strikes down law allowing sex abuse lawsuits in case against federal judge; ‘It’s a predator-friendly state as long as this is the way we handle things,’ plaintiff says”: Annie Knox of The Deseret News has this report.
Paighten Harkins of The Salt Lake Tribune reports that “Supreme Court rules it can’t retroactively apply law that extends statute of limitations for child sex abuse cases.”
And Ben Winslow of Fox 13 in Salt Lakw City reports that “Utah Supreme Court won’t retroactively apply law dropping statute of limitations for sex abuse.”
You can access yesterday unanimous ruling of the Supreme Court of Utah, on certified question from the U.S. District Court for the District of Utah, at this link.
“As a judge, I have to follow the Supreme Court. It should fix this mistake.” Online at The Washington Post, Fourth Circuit Judge James A. Wynn Jr. has an essay that begins, “George Floyd’s unconscionable killing has properly brought renewed attention to the Supreme Court’s doctrine of ‘qualified immunity,’ which shields law enforcement officers from civil lawsuits alleging excessive force.”
“Democrats warn Biden against releasing SCOTUS list”: Jordain Carney of The Hill has this report.
“Liberal groups back plan to expand Supreme Court; The move comes weeks before the high court is expected to hand down opinions on several hotly contested issues”: Holly Otterbein of Politico has this report.
“Interesting Meetings of the Minds of Supreme Court Justices”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
“Supreme Court’s deference to police for ‘reasonable’ conduct faces scrutiny in wake of brutality cases”: Richard Wolf of USA Today has this report.
“Michigan right to literacy settlement stands as court rejects Legislature’s appeal”: John Wisely of The Detroit Free Press has an article that begins, “A deal negotiated by Gov. Gretchen Whitmer to settle a lawsuit over a right to basic minimum education for Detroit schoolchildren will stand after an appeals court threw out the Michigan Legislature’s attempt to undo it.”
In today’s edition of The Detroit News, Jennifer Chambers has a front page article headlined “Federal court upholds Detroit literacy settlement.”
And Steve Carmody of Michigan Radio reports that “Federal appeals court denies review request for Detroit literacy ruling.”
“Trump-Friendly Panel Weighing DOJ Request to Dismiss Flynn Case”: Erik Larson of Bloomberg News has a report that begins, “The Justice Department is likely to find a receptive audience when an appeals court in Washington hears arguments Friday about whether to dismiss the criminal case against former National Security Advisor Michael Flynn.”
“McConnell’s push to confirm judges may mean another tradition is dead; The Thurmond Rule that previously cut off confirmations likely a relic”: Chris Cioffi of Roll Call has this report.
“Solicitor General Noel Francisco Expected to Step Down; Mr. Francisco has represented the Trump administration before the Supreme Court, including in controversial cases like the travel ban against predominantly Muslim countries”: Katie Benner of The New York Times has this report.
Kaitlan Collins, Evan Perez, and Joan Biskupic of CNN report that “Noel Francisco to step down as US solicitor general, sources say.”
And Tim Ryan of Courthouse News Service reports that “Solicitor General Noel Francisco Poised to Exit Justice Department.”