“The Scalia Trilogy”: You can access via this link today’s new installment of the “SCOTUS 101” podcast from The Heritage Foundation. The episode includes an interview with the editors of “The Essential Scalia: On the Constitution, the Courts, and the Rule of Law.”
“U.S. Supreme Court takes up Goldman securities class action appeal”: Jonathan Stempel of Reuters has this report.
And Greg Stohr of Bloomberg News reports that “Goldman Sachs Gets High Court Review It Sought on Investor Suits.”
“Supreme Court Rejects Texas Suit Seeking to Subvert Election; The suit, filed directly in the Supreme Court, sought to bar Georgia, Michigan, Pennsylvania and Wisconsin from casting their electoral votes for Joseph R. Biden Jr.” Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court dismisses bid led by Texas attorney general to overturn the presidential election results, blocking Trump’s legal path to reverse his loss.”
David G. Savage of The Los Angeles Times reports that “Supreme Court rejects Trump’s last-chance lawsuit, upholding Biden’s victory.”
Jess Bravin of The Wall Street Journal reports that “Supreme Court Rejects Texas Challenge to Biden’s Election; Path cleared for presidential electors to elect Biden when electoral college meets on Monday.”
Richard Wolf of USA Today reports that “Supreme Court denies effort to block election results in 4 key states that sealed Trump’s fate.”
Alex Swoyer of The Washington Times reports that “Supreme Court rejects election challenge brought by Texas.”
Jeremy Roebuck of The Philadelphia Inquirer reports that “U.S. Supreme Court rejects far-fetched Texas bid to void the vote in Pennsylvania and other battleground states.”
David Wickert of The Atlanta Journal-Constitution reports that “Supreme Court rejects Texas lawsuit against Georgia.”
Craig Mauger of The Detroit News reports that “U.S. Supreme Court rejects Texas challenge to election in Michigan, other states.”
Nomaan Merchant and Alanna Durkin Richer of The Associated Press report that “Supreme Court rejects Republican attack on Biden victory.”
Lawrence Hurley of Reuters reports that “U.S. Supreme Court rejects Texas lawsuit and Trump bid to undo election loss.”
Greg Stohr of Bloomberg News reports that “Supreme Court Rejects Texas Bid to Overturn Election Results.”
Pete Williams of NBC News reports that “Supreme Court rejects Texas’ effort to overturn election in fatal blow to Trump legal blitz to stop Biden; The court’s ruling was essentially a unanimous rejection of the Texas claims.”
Ariane de Vogue and Maegan Vazquez of CNN report that “Supreme Court rejects Texas’ and Trump’s bid to overturn election.”
Tyler Olson, Bill Mears, Michael Ruiz, and Shannon Bream of Fox News report that “Supreme Court denies Texas, Trump appeal over election results in four other states; Legal experts said Texas’ case, flawed in several ways, was likely to fail.”
Josh Gerstein and Kyle Cheney of Politico report that “Supreme Court rejects Texas-led effort to overturn Biden’s victory; The move likely marks the end of the line for Trump’s legal push to reverse his defeat.”
John Kruzel of The Hill reports that “Supreme Court rejects Texas’ push to overturn Biden victory.”
Zoe Tillman of BuzzFeed News reports that “The Supreme Court Rejected Texas’s Last-Ditch Legal Challenge To Biden’s Win; The justices found that Texas lacked standing to sue other states that President-elect Joe Biden won.”
Travis Bubenik of Courthouse News Service reports that “Supreme Court Denies Texas Bid to Overturn Election.”
And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Rejects Texas’ Lawsuit Over Election Results.”
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case.
And the Court, by a vote of 7-to-2, issued an order in Texas v. Pennsylvania, No. 155 Orig., that begins, “The State of Texas’s motion for leave to file a bill of complaint is denied for lack of standing under Article III of the Constitution.”
“How Grammar Guru Bryan Garner Made His Way to the Supreme Court”: Tony Mauro of The National Law Journal has this Q&A with Bryan A. Garner.
“Editorial: Don’t just deny Texas’ original action. Decimate it.” Tom Goldstein has this post at “SCOTUSblog.”
“‘The moment of truth’: The Electoral College prepares to hand Trump the loss he refuses to accept.” Joey Garrison of USA Today has this report.
“U. of Michigan Can’t Shake ‘Deliberate Indifference’ Bias Suit”: Porter Wells of Bloomberg Law had this report back in March 2020 on a ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
And Greta Anderson of Inside Higher Ed reported on that same ruling in an article headlined “What Qualifies as Harassment? A federal appeals court says universities must do everything in their power to stop further harassment of students who report it, and defines what behaviors qualify.”
Thereafter, the Sixth Circuit granted rehearing en banc in the case.
Today, by a vote of 8-to-6, the en banc Sixth Circuit issued this decision ruling in favor of the defendant-university and against the plaintiff-student.
The particulars of this dissenting judge’s appointment to the Sixth Circuit prevents me from observing that the majority consisted entirely of appointees of Republican presidents (although this is indeed the case) while the dissent consisted entirely of appointees of Democratic presidents (which, for the reasons noted here, is not correct).
“Senate Judiciary Committee advances Amy Coney Barrett replacement on 7th Circuit to floor over Dem opposition; Committee reported current U.S. attorney favorably to floor on party-line vote”: Tyler Olson of Fox News has this report.
“Once accused of cheating in an election by Donald Trump, Ted Cruz is now a leading voice casting doubt on 2020’s results; On Tuesday, Trump asked Cruz to argue the Texas lawsuit seeking to overturn the election results in four states if it reaches the U.S. Supreme Court”: Kelsey Carolan of The Texas Tribune has this report.
“Two reasons the Texas election case is faulty: flawed legal theory and statistical fallacy.” Jeremy W. Peters, David Montgomery, Linda Qiu, and Adam Liptak of The New York Times have this report.
“Trump’s last-ditch effort to steal the election is the biggest farce of all”: George T. Conway III has this op-ed in today’s edition of The Washington Post.
“Trump’s Lawyers Will Get Away with Facilitating His Anti-Democratic Antics and They Know It”: Professor Austin Sarat has this essay online at Justia’s Verdict.
“Argument analysis: Justices at odds over federal robocall ban in the face of technological change.” Amanda Shanor has this guest post at “SCOTUSblog.”
Art Lien’s accompanying depiction of Bryan A. Garner’s oral argument presentation shows that Garner was holding a landline phone’s handset — something I haven’t seen other remote #SCOTUS advocates doing in Lien’s depictions of their arguments.
“Originalism and Personal Jurisdiction: Some Hard Questions; What original principles would say about this term’s big case.” Stephen Sachs has this post at “The Volokh Conspiracy.”
“A Nondelegation Doctrine the Court Can Believe In; The Constitution’s original meaning provides a judicially manageable line between constitutional and unconstitutional delegations”: Mike Rappaport has this post at the “Law & Liberty” blog.