“How did Renatha Francis ascend to Florida’s highest court? After Gov. Ron DeSantis named her in May, some have questioned whether she is experienced enough; A pending court case argues she’s not qualified.” Dan Sullivan of The Tampa Bay Times has this report.
“Appeals court strikes down California law banning large-capacity gun magazines”: Bob Egelko of The San Francisco Chronicle has this report.
Teri Figueroa of The San Diego Union-Tribune reports that “9th Circuit tosses California’s ban on high-capacity magazines, saying it ‘runs afoul of Second Amendment’; The decision upholds San Diego federal judge’s ruling barring law from going into effect.”
Michael Levenson of The New York Times reports that “California’s Ban on High-Capacity Magazines Violates the Second Amendment, Court Rules; Supporters of tougher gun laws called the ruling a dangerous infringement on the ability of states to protect their residents from mass shootings.”
Jacob Gershman of The Wall Street Journal reports that “U.S. Appeals Court Strikes Down California Ban on High-Capacity Gun Magazines; In divided ruling, judges say 10-bullet limit violates Second Amendment.”
Alex Swoyer of The Washington Times has an article headlined “9th Circuit: California ban on large-capacity magazines violates 2nd Amendment.”
Don Thompson of The Associated Press reports that “9th Circuit ends California ban on high-capacity magazines.”
Tal Axelrod of The Hill reports that “Appeals court rejects California’s ban on high-capacity magazines.”
And Bianca Bruno of Courthouse News Service reports that “Ninth Circuit Strikes Down California Ban on High-Capacity Gun Magazines.”
You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
“BuzzFeed’s Loss in Photo Case Affirmed by Second Circuit”: Blake Brittain of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
“Judicial Conference Approves Measures to Increase Security for Federal Judges”: The Administrative Office of the U.S. Courts issued this news release today.
Update: In news coverage, Madison Alder of Bloomberg Law reports that “Judiciary Seeks Internet Privacy Shield for Judges After Attack.”
“Supreme Court social-distances from coronavirus decisions”: Dan Berman of CNN has this news analysis.
“2020 Annual Supreme Court Round Up”: On Monday, the Federalist Society‘s Washington, D.C. Lawyers Chapter presented online its annual U.S. Supreme Court round-up featuring Miguel A. Estrada discussing the 2019-2020 Term, and you can view the video on YouTube via this link.
“Judge rebukes feds over statement slamming Supreme Court’s DACA ruling; A Department of Homeland Security official stated in June that the ruling ‘has no basis in law'”: Josh Gerstein of Politico has an article that begins, “A federal judge reprimanded the Trump administration Thursday over an unusual statement a Department of Homeland Security official issued in June declaring that the Supreme Court’s recent decision on the so-called DACA program ‘has no basis in law.'”
“The Eleventh Circuit Divided Over State-Action Appeals; The Eleventh Circuit allows immediate appeals from the denial of state-action immunity; Judge Jordan wants to reexamine this rule; And he might not be alone”: Bryan Lammon has this post at his “final decisions” blog.
“The Appeal of Social Media: The advantages, pitfalls, and ethics of engaging online.” The Appellate Practice Section of the Houston Bar Association hosted this program online Thursday featuring Carl Cecere, Kendyl T. Hanks, and Raffi Melkonian. You can view the video on YouTube via this link.
“Justice Dept. Accuses Yale of Discrimination in Application Process; The Trump administration said the university discriminated against Asian-American and white applicants; Yale defended its practices and vowed to maintain them”: Anemona Hartocollis of The New York Times has this report.
Melissa Korn of The Wall Street Journal has an article headlined “Yale Discriminated by Race in Undergraduate Admissions, Justice Department Says; Federal officials give university two weeks to agree to adjust practices or face lawsuit after probe finds white, Asian-American applicants rejected based on race.”
Ed Stannard of The New Haven Register reports that “Justice Department finds Yale biased against Asian, white applicants.”
And in commentary, The Wall Street Journal has published an editorial titled “Justice Goes to Yale; The university is told it is violating Title VI of the Civil Rights Act.”
“The Court Proceedings in the Michael Flynn Case Have Turned Into a Farce”: Ankush Khardori has this jurisprudence essay online at Slate.
“Supreme Court Lets Rhode Island Make Voting by Mail Easier Amid Pandemic; The court rejected a request from Republicans to block an order suspending a requirement that witnesses or a notary observe the completion of absentee ballots”: Adam Liptak of The New York Times has this report on an order that the U.S. Supreme Court issued today.
“11th Circuit Upholds Convictions of Men Who Smuggled Cuban Baseball Players into US”: Aimee Sachs of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
“SmileDirect lawsuit over Georgia regulation gets green light”: Brendan Pierson of Reuters has this report (subscription required for full access) on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued Tuesday.
“Georgia Detainee’s ‘Hot Car’ Suit Against Cop Partially Revived”: Maeve Allsup of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued Tuesday.
“National Injunction Developments; New opinions from the Fourth and Ninth Circuits”: Samuel Bray has this post at “The Volokh Conspiracy.”
“Defendant Induced to Self-Incriminate Gets Habeas Hearing”: Bernie Pazanowski of Bloomberg Law has this report (subscription required for full access) on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Circuit Judge Robin S. Rosenbaum‘s majority opinion contains a lengthy footnote explaining Scylla and Charybdis. The footnote concludes with lyrics from The Police (the band, not the law enforcement agency).
“U.S. Appeals Court Throws Out Antitrust Ruling Against Qualcomm; Court rules federal government hadn’t shown chip maker engaged in illegal monopolization”: Brent Kendall and Asa Fitch had this front page article in yesterday’s edition of The Wall Street Journal.
In yesterday’s edition of The New York Times, Don Clark had an article headlined “In Victory for Qualcomm, Appeals Court Throws Out Antitrust Ruling; A three-judge panel reversed a 2019 ruling that found that Qualcomm had abused its monopoly position in wireless chips.”
Bob Egelko of The San Francisco Chronicle reports that “Qualcomm cleared of antitrust violations in smartphone case.”
Mike Freeman of The San Diego Union-Tribune reports that “Qualcomm wins reversal of antitrust verdict in long-running battle with the FTC.”
Stephen Nellis and Jan Wolfe of Reuters report that “U.S. appeals court reverses antitrust ruling against Qualcomm.”
Susan Decker, Ian King, and Malathi Nayak of Bloomberg News report that “Qualcomm Win in Antitrust Suit Restores Lucrative Licensing.”
Matthew Renda of Courthouse News Service reports that “Ninth Circuit Tosses Billion-Dollar FTC Suit Against Qualcomm.”
In commentary, yesterday’s edition of The Wall Street Journal contained an editorial titled “A Defeat for Antitrust Adventurism; An appeals court rebukes the FTC’s assault on Qualcomm.”
Online at The Wall Street Journal, law professor John O. McGinnis and Linda Sun have an essay titled “Justice-FTC Antitrust Feud Is the Wrong Kind of Competition; A congressional drafting error from 1914 led the agencies to clash in court over Qualcomm.”
And at “Techdirt,” Mike Masnick has a post titled “It Was Nice While It Lasted: 9th Circuit Rejects Lower Court Ruling On How Abuse Of Patent Monopolies Can Violate Antitrust.”
You can access Tuesday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Thomas C. Goldstein argued the appeal for Qualcomm, and you can view the oral argument video on YouTube via this link.
“Inmates Have Privacy Right During Strip Searches, 7th Cir. Says”: Blake Brittain of Bloomberg Law has this report (subscription required for full access) on a ruling that the en banc U.S. Court of Appeals for the Seventh Circuit issued Tuesday.
“Meet Joe Biden’s Likeliest Picks for the Supreme Court; There are two clear front-runners for the first opening in a new administration”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Supreme Court Asked to Review ‘Stairway to Heaven’ Fight; Led Zeppelin’s copyright win is challenged one last time”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter.
“Stop experimenting with Supreme Court live audio and make it the norm”: This editorial appears in today’s edition of The Los Angeles Times.
“We Just Saw the Future of Anti-Abortion Laws; An appellate court has reinstated a bizarre grab bag of statutes that were invalidated more than three years ago”: Linda Greenhouse has this essay online at The New York Times.
“Abortion, transgender rights likely to land back before Supreme Court”: Robert Barnes of The Washington Post has this report.
“Seattle media companies appeal police protest subpoena to Washington state Supreme Court”: Mike Reicher of The Seattle Times has an article that begins, “A group of news outlets appealed to the Washington Supreme Court Tuesday to block a Seattle Police Department subpoena seeking unpublished images of police protesters.”
“Maine Supreme Court questions Melville Fuller statue outside Kennebec courthouse; The monument honors the Augusta-born former chief justice of the U.S. Supreme Court, who was part of the majority in the Plessy v. Ferguson decision that maintained racial segregation with the ‘separate but equal’ doctrine”: Rob Montana of The Kennebec (Me.) Journal has this report.
“Eighteen (years) is enough: Limit the terms of Supreme Court justices.” The Los Angeles Times recently published this editorial.
“Florida, Felons and Judicial Bullying; Democratic Senators try to intimidate federal judges into recusing”: The Wall Street Journal has published this editorial.
“The Michael Flynn case should not just go away”: The Washington Post has this editorial.
“Judge thanks and sentences acclaimed GA Tech coronavirus researcher”: Bill Rankin of The Atlanta Journal-Constitution has an article that begins, “For months, top U.S. health officials have relied upon Georgia Tech professor Eva Lee’s computer modeling prowess in trying to bring the coronavirus under control and prepare for the best way to distribute an eventual vaccine. But during an emotional hearing on Wednesday, Lee officially became a convicted felon for making false statements regarding a National Science Foundation grant.”
“The Fandom Around R.B.G. Is Out of Step With Reality”: Amanda Hess will have this essay in this upcoming Sunday’s issue of The New York Times Magazine.
“9th Circuit puts temporary stay on release of Prop 8 tapes”: John Ferrannini of the Bay Area Reporter has this article about an order that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
“Additional Statements from the Court about the Passing of Judge Stephen F. Williams”: The U.S. Court of Appeals for the D.C. Circuit has posted this updated collection of statements online today.
“The Perpetual Reign of Racial Preferences”: At the “Law & Liberty” blog, Amy Wax has this review of Melvin I. Urofsky’s book, “The Affirmative Action Puzzle: A Living History from Reconstruction to Today.”
And in late July, Wax appeared on Glenn Loury’s “The Glenn Show” on Bloggingheads.tv in an installment titled “The IQ Taboo.”
“Ninth Circuit Review — Reviewed: Nationwide Preliminary Injunctions before CA9”: William Yeatman has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.