“Court denies bail for Katherine Magbanua as she awaits trial in Dan Markel killing; A new trial has not been set since her October 2019 mistrial, in which jurors could not agree on charges against her”: Karl Etters of The Tallahassee Democrat has an article that begins, “An appellate court in Tallahassee has denied a request from Katherine Magbanua, the final defendant awaiting trial in the murder of Florida State law professor Dan Markel, to be released from jail on bail.”
You can access yesterday’s order of Florida’s First District Court of Appeal at this link.
“Disbar Ken Paxton — And Then Some: The Texas Attorney General’s ridiculous, malevolent suit to throw out the ballots in four other states makes him more than a Trump stooge; He’s a legal menace.” Law professor Garrett Epps has this essay online at Washington Monthly.
“What If We Wrote the Constitution Today? Proposals from libertarian, conservative, and progressive scholars displayed a few striking differences — but also some profound similarities.” Jeffrey Rosen has this essay online at The Atlantic.
“For Debate: Should the Equal Rights Amendment Be Revived?” The National Constitution Center held this event this evening, and you can now access the video on YouTube, on demand, via this link.
“Biden team explores Sen. Doug Jones for attorney general nominee as the candidate list narrows to four names”: Matt Viser, Matt Zapotosky, and Amy B Wang of The Washington Post have this report.
“The Real Threat of Trump’s Latest Doomed Plea to the Supreme Court: There are 18 Republican state attorneys general endorsing this madness.” Mark Joseph Stern has this jurisprudence essay online at Slate.
“Texas SCOTUS Original Jurisdiction Lawsuit Would Undercut Marbury v. Madison”: Michael C. Dorf has this post at his blog, “Dorf on Law.”
“The Supreme Court’s Conservatives Are Embracing a Brand of Textualism Too Extreme for Antonin Scalia”: Jacob Finkel has this jurisprudence essay online at Slate. In its current form, the essay incorrectly attributes to Justice Kavanaugh last Term’s “pirate ship” dissent, when in fact Justice Alito wrote that.
“Texas AG Ken Paxton, Under FBI Investigation, Asks SCOTUS to Overturn the Election; The lawsuit, which seeks to invalidate millions of votes, makes more sense as an audition for a pardon than as a legal document”: Mark Joseph Stern has this jurisprudence essay online at Slate.
“What’s It Like To Argue Before The Supreme Court — For The 30th Time? Paul Weiss partner Kannon Shanmugam, a veteran high-court advocate, discusses arguing telephonically before SCOTUS in the midst of the pandemic.” David Lat has this post at his new “Original Jurisdiction” site.
“Texas tries to overturn the U.S. election result. Can it succeed?” Jan Wolfe and Makini Brice of Reuters have this news analysis.
“Pa. appellate court delivers another loss to Trump’s GOP allies seeking to void the state’s election results”: Jeremy Roebuck of The Philadelphia Inquirer has this report on a ruling that the President Judge of the Commonwealth Court of Pennsylvania issued today.
“Ken Paxton asks Supreme Court to block Joe Biden victory in 4 battleground states”: Chuck Lindell of The Austin American-Statesman has this report.
Dave Boyer of The Washington Times reports that “Trump says he’ll join Texas’ election challenge at Supreme Court.”
Erik Larson and Greg Stohr of Bloomberg News report that “Trump Fans Embrace Texas Suit as Last Hope to Flip Election.”
And Evie Fordham of Fox News reports that “Trump touts Texas Supreme Court case as ‘the big one,’ says ‘we will be intervening’; At least 3 more states are backing challenge to results in Georgia, Michigan, Pennsylvania, Wisconsin.”
“Justice Hagedorn is the only actual conservative on the Wisconsin Supreme Court”: The Cap Times of Madison, Wisconsin has published this editorial.
“Court rules San Jose church in contempt for defying COVID-19 safety orders; Calvary Chapel attorney says they will appeal finding and fines issued by Santa Clara County judge”: Robert Salonga of The San Jose Mercury News has this report.
“Churches’ lawyers challenge 50-person occupancy limit due to COVID-19”: David Ferrara has this article in today’s edition of The Las Vegas Review-Journal.
And Scott Sonner of The Associated Press reports that “9th Circuit sympathetic to Nevada churches in COVID-19 fight.”
Yesterday, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit heard oral argument in two related appeals, and you can access the video of those oral arguments on YouTube here and here.
“A new Supreme Court case considers whether low-income people can lose Medicaid if they aren’t working; The courts haven’t looked favorably on states imposing work requirements on Medicaid beneficiaries; That could change in a 6-3 Republican Court”: Ian Millhiser has this essay online at Vox.
“My Son Was Killed Because I’m a Federal Judge; Protecting judges is essential to our families, and our democracy”: U.S. District Judge Esther Salas (D.N.J.) has this op-ed in today’s edition of The New York Times.
“SCOTUS spotlight: Beth Brinkmann on cracking the glass ceiling.” “SCOTUSblog” has this post about the new installment of its “SCOTUStalk” podcast.
“Justice Scalia’s Legacy as Irony: Reviewing Ed Purcell’s Antonin Scalia and American Constitutionalism.” Eric Segall has this blog post at “Dorf on Law.”
“Biden’s attorney general search is focused on Jones, Garland”: Michael Balsamo, Eric Tucker, and Jonathan Lemire of The Associated Press have this report.
“Neal Katyal and the Depravity of Big Law: The Democratic lawyer’s sickening defense of corporate immunity in a Supreme Court case reveals a growing moral rot in the legal community.” Alex Pareene has this post at “The Soapbox” blog of The New Republic.
