“U.S. District Judge Dee Benson dies at age 72; The former PE major was appointed by presidents, chief justices and senators to a wide range of prestigious positions at the highest levels of the legal profession”: Doug Robinson of The Deseret News has written this obituary.
“Can states fire employees who leave for military duty? U.S. Supreme Court may decide.” Tara Copp of McClatchy DC has this report.
“Unfeathered Discretion”: You can access today’s new installment of the “Strict Scrutiny” podcast, featuring law professors Leah Litman and Melissa Murray, via this link.
“Judge Raul Arias-Marxuach — Nominee to the U.S. Court of Appeals for the First Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”
“Which Ninth Circuit Judges Were Waiting For A Democratic President to Take Senior Status? James Phillips and I are working on an article about circuit judges who strategically time their taking of senior status.” Josh Blackman has this post at “The Volokh Conspiracy.”
“Justices take dim view of Trump effort to cut illegal immigrants from census count”: Stephen Dinan of The Washington Times has this report.
“Supreme Court seems skeptical of Trump’s census plan”: Mark Sherman of The Associated Press has this report.
Lawrence Hurley and Andrew Chung of Reuters report that “Conservative justices appear reluctant to immediately block Trump immigrant census plan.”
Greg Stohr of Bloomberg News reports that “Supreme Court Hints It Will Move Cautiously in Trump Census Clash.”
And Pete Williams of NBC News reports that “Supreme Court skeptical of Trump’s plan to exclude undocumented immigrants from census; Several justices, including some conservative ones, seemed to doubt that the president had such a sweeping power to modify the census results.”
“Some federal judges plan to retire when Trump exits. Will Biden be able to replace them?” Maura Dolan has this front page article in today’s edition of The Los Angeles Times.
“Richard Epstein’s Laffer Curve of Death”: Michael C. Dorf has this post at his blog, “Dorf on Law.”
“Supreme Court Takes Up Trump Plan to Exclude Unauthorized Immigrants in Redistricting; The administration’s efforts, which are subject to practical hurdles, would upset a constitutional consensus and could shift political power from Democratic states to Republican ones”: Adam Liptak of The New York Times has this report.
“‘They’ll freeze them out’: Democrats fear Senate Republicans will block Biden’s judges; McConnell could stymie the president-elect’s ability to get his judicial nominations confirmed.” Marianne LeVine of Politico has this report.
“Justice Barrett’s Vote Could Tilt the Supreme Court on Gun Rights; For years, conservative justices have said the court disfavors the Second Amendment; Justice Amy Coney Barrett is likely to shift the balance, and a case to help her do so may be knocking”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
“The Constitution and the courts make possible criminal justice reform”: Columnist George F. Will has this op-ed in today’s edition of The Washington Post.
“U.S. Supreme Court to Weigh Anti-Hacking Law’s Limits on Access”: Andrea Vittorio of Bloomberg Law has this report.
“Key question in Cosby appeal: Does defendant’s past matter?” Maryclaire Dale of The Associated Press has this report.
“Trump Calls Justice, FBI ‘Missing in Action’ on Election Allegations; Federal officials and state election authorities agree they have seen no evidence of tampering with voting systems”: Alex Leary of The Wall Street Journal has this report.
And Alex Swoyer of The Washington Times reports that “Trump says judges refuse to look at evidence of election fraud; Says rigged systems will put Biden in White House.”
“Trump pushes an unprecedented and unjust wave of executions”: The Washington Post has published this editorial.
“With history-making high court, Baker shows an embrace of lived experience, not ‘activist judges'”: Matt Stout of The Boston Globe has this report.
“Is religious freedom a liberal or conservative value?” Kevin Baine has this essay online at The Washington Post.
“The Election Lost in Pennsylvania Court: She was up by four votes, until the state Supreme Court ruled.” This editorial will appear in Monday’s edition of The Wall Street Journal.
“Bruce Boynton, Plaintiff in Landmark Civil Rights Case, Dies at 83; He was a Black man who wanted to sit in the white section of a bus terminal restaurant; The case reached the Supreme Court”: This obituary written by Neil Genzlinger appears in today’s edition of The New York Times.
“Trump questions whether Supreme Court would hear election challenge as options dwindle”: Linda So and Raphael Satter of Reuters have this report.
“To this Supreme Court, religious freedom trumps public health — even amid COVID-19 plague; America may be back, as Joe Biden says, but at the Supreme Court, with its extremely conservative new majority, America is increasingly unrecognizable”: Law professors Laurence H. Tribe and Michael C. Dorf have this essay online at USA Today.
“Supreme Court declines case of Louisiana pastor Tony Spell, who defied coronavirus orders”: Youssef Rddad of The Advocate of Baton Rouge, Louisiana has this report.
“Appeals court allows Beshear to halt in-person classes at Kentucky’s religious schools”: Billy Kobin and Lucas Aulbach of The Louisville Courier Journal have this report.
And Jack Brammer and Valarie Honeycutt Spears of The Lexington Herald-Leader report that “Federal appellate court agrees with Beshear’s order to close all Kentucky schools.”
You can access today’s order of a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
“President Trump’s war on immigration takes on political overtone at Supreme Court”: Richard Wolf of USA Today has this report.
Lawrence Hurley of Reuters reports that “U.S. Supreme Court weighs Trump bid to bar illegal immigrants from census totals.”
Devin Dwyer of ABC News reports that “Supreme Court reviews Trump plan to exclude undocumented immigrants in redistricting; Excluding millions of immigrants from census count would have major impact.”
And on today’s broadcast of NPR’s “Weekend Edition Sunday,” Hansi Lo Wang had an audio segment titled “Supreme Court To Hear Arguments On Census Counts And Electoral Votes.”
“Pennsylvania Republicans to ask Supreme Court to review case after dismissal: candidate; Candidate calls state Supreme Court dismissal a ‘blatant political act.'” Angelica Stabile of Fox News has a report that begins, “The Pennsylvania Supreme Court has tossed out an election lawsuit to delegitimize mail-in ballots, but Republican congressional candidate Sean Parnell said his team will on Sunday ask the U.S. Supreme Court to review the case, which questions the constitutionality of Pennsylvania’s Act 77.”
“U.S. appeals ruling that barred Postal Service changes before election”: David Shepardson of Reuters has this report.
“In Key States, Republicans Were Critical in Resisting Trump’s Election Narrative; They refuted conspiracy theories, certified results, dismissed lawsuits and repudiated a president of their own party”: Peter Baker and Kathleen Gray will have this front page article in Sunday’s edition of The New York Times.
“For Trump advocate Sidney Powell, a playbook steeped in conspiracy theories”: Aaron C. Davis, Josh Dawsey, Emma Brown, and Jon Swaine of The Washington Post have this report.
“20 days of fantasy and failure: Inside Trump’s quest to overturn the election.” Philip Rucker, Ashley Parker, Josh Dawsey, and Amy Gardner of The Washington Post have this report.
“Pennsylvania Supreme Court dismisses lawsuit against mail ballots with prejudice in another defeat for Trump”: Elise Viebeck of The Washington Post has this report.
Marc Levy of The Associated Press reports that “Pennsylvania high court rejects lawsuit challenging election.”
Pete Williams and Dennis Romero of NBC News report that “Pennsylvania high court throws out challenge to mail-in ballots; The plaintiffs lacked ‘due diligence’ in a claim that could have disenfranchised millions of voters, the state Supreme Court said.”
Katelyn Polantz of CNN reports that “Pennsylvania Supreme Court dismisses another election case brought by Republicans.”
Paul Best of Fox News reports that “Pa. Supreme Court dismisses Republican congressman’s bid to toss mail-in ballots, halt certification; Pennsylvania certified Biden’s victory Tuesday.”
Kelly Hooper of Politico reports that “Pennsylvania high court tosses lawmaker’s petition to halt election certification; The seven-member court unanimously agreed that the effort to halt the election results came too late.”
And Lauren Vella of The Hill reports that “Pennsylvania Supreme Court strikes down GOP bid to stop election certification.”
“The Supreme Court’s Bar Membership Is Not ‘Shrouded in Secrecy’; The Journal of the Supreme Court includes the name of every member admitted, as well as the name of every member who is subject to discipline”: Josh Blackman has this post at “The Volokh Conspiracy.”
“Pennsylvania Supreme Court tosses GOP congressman’s suit seeking to throw out all ballots cast by mail”: Jeremy Roebuck of The Philadelphia Inquirer has this report.
Ed Palattella of The Erie Times-News reports that “Pa. Supreme Court dismisses Mike Kelly-led lawsuit that sought to invalidate mail-in votes.”
Oliver O’Connell of The Independent (UK) reports that “Pennsylvania Supreme Court dismisses Trump allies’ attempt to throw out millions of mail-in ballots.”
And Bob Van Voris of Bloomberg News reports that “Pennsylvania’s High Court Allows State to Complete Certification.”
“The Supreme Court, faithless electors, and Trump’s final, futile fight”: Tom Goldstein has this post at “SCOTUSblog.”