“Judge Fletcher: ‘Johnson Strikes Again’; Judge Fletcher again offered his unique take on Johnson v. Jones and asked the Supreme Court to overrule it; But I don’t read the case like he does.” Bryan Lammon has this post at his “final decisions” blog.
“First Black justice on Oklahoma Supreme Court to retire”: Barbara Hoberock has this front page article in today’s edition of The Tulsa World.
“Roberts to swear in yet another president who opposed him”: Mark Sherman of The Associated Press has a report that begins, “Someday, perhaps, John Roberts will swear in a new president who doesn’t wish someone else was chief justice of the United States. Wednesday won’t be that day.”
“Could Sen. Josh Hawley’s ‘reckless disregard for truth’ cost him Missouri law license?” The Kansas City Star has published this editorial.
“Trump transformed the Supreme Court that mostly helped advance his agenda”: Joan Biskupic of CNN has this report, along with a related item headlined “A four-year timeline of Donald Trump and the Supreme Court.”
“The Federalist Society And The Capitol Attack: What Is To Be Done? Will all the behind-the-scenes drama and soul-searching take FedSoc to a better place?” David Lat has this post at his “Original Jurisdiction” Substack site.
“The challenges of teaching the Constitution in the age of Trump”: Law professor Nikolas Bowie has this op-ed in today’s edition of The Washington Post.
“Shirley Abrahamson, Trailblazing Wisconsin Judge, Dies at 87; The first female chief justice of her state’s Supreme Court, she was on the short list for the U.S. Supreme Court seat that went to Ruth Bader Ginsburg”: This obituary, written by Richard Sandomir, appeared in yesterday’s edition of The New York Times.
“Supreme Court Case Could Limit Future Lawsuits Against Fossil Fuel Industry; The court will hear arguments on a technical legal question in a case that demands fossil fuel companies help pay for the costs of dealing with climate change”: John Schwartz of The New York Times has this report.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.
“COVID-19 fuels quick push for Kansas anti-abortion measure”: John Hanna of The Associated Press has this report.
“Joe Scheidler, founder of Pro-Life Action League, dies at 93; Scheidler’s family and allies remembered him Monday as a particularly effective and passionate leader — but one also targeted by opponents in litigation that lasted decades and landed repeatedly before the U.S. Supreme Court”: Jon Seidel of The Chicago Sun-Times has this report.
“Trump attorneys pursuing voting fraud claims snatch defeat from jaws of victory”: Rowan Scarborough has this front page article in today’s edition of The Washington Times.
“The Senate gets to call the shots for Trump’s impeachment trial”: Joan Biskupic of CNN has this report.
“Justices May Usher In the Modern Broadcast Age — Two Decades Late; Since 2003, two activist judges on the Third Circuit have been arbitrarily stalling FCC innovation”: Robert M. McDowell will have this op-ed in Tuesday’s edition of The Wall Street Journal.
“Jensen: The man and the Chief Justice of the S.D. Supreme Court.” Del Bartels of The Capital Journal of Pierre, South Dakota has this interview of both that state’s new chief justice and the new chief justice’s wife.
“School choice lawsuit surge pushes possible high court fight”: Lisa Rathke of The Associated Press has this report.
“Impeachment After Leaving Office: There is good reason to think that impeachment remains on the table, even after politicians leave office.” James R. Rogers has this post at the “Law & Liberty” blog.
“Deborah Rhode, Who Transformed the Field of Legal Ethics, Dies at 68; A Stanford professor, she pushed the legal profession to confront the ways it failed clients and to be more inclusive of women”: The New York Times has published this obituary written by Clay Risen.
“The Fire Last Time: Timothy McVeigh’s 1995 attack in Oklahoma City spurred legislation that gutted death row inmates’ rights; In the wake of the siege of the Capitol, will we make a similar mistake?” Columnist Elizabeth Bruenig has this essay online at The New York Times.
“Off the Rails — Episode 4: Trump turns on Barr.” Jonathan Swan of Axios has this report. You can access the earlier installments of Swan’s series via this link.
“Why Rage Over the 2020 Election Could Last Well Past Trump: The vast majority of Americans do not approve of the riot at the Capitol; But experts warn that the widespread belief there was election fraud, while false, could have dangerous, lasting effects.” Sabrina Tavernise of The New York Times has this report.
“Broadcasting, appeals issues at the Court”: Lyle Denniston has this blog post.
“Can The Senate Try An Ex-President?” Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“Attorney Roberta Kaplan is about to make Trump’s life extremely difficult”: Karen Heller of The Washington Post has this report.
“One judicial trailblazer inspires another: ‘For the judiciary to have legitimacy, it needs to be representative of the people over whom it holds sway,’ 1st US Circuit Court of Appeals Judge O. Rogeriee Thompson says.” Edward Fitzpatrick of The Boston Globe has this report.
“One of Trump’s worst legacies will be his transformation of the Supreme Court”: Columnist Ruth Marcus has this essay online at The Washington Post.
Also online there, columnist Hugh Hewitt has an essay titled “Mitch McConnell, still the crucial Republican leader.”
“‘Expedited Spree of Executions’ Faced Little Supreme Court Scrutiny; In its last six months, the Trump administration put more than three times as many prisoners to death as the federal government had in the previous six decades”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
“Q&A with Chief Justice Brian Boatright: Ushering the Supreme Court to post-pandemic practices.” Michael Karlik of Colorado Politics has this interview online at The Gazette of Colorado Springs.
“How Government Should Regulate Social Media Lies: The First Amendment leaves enough room to deter and punish dangerous falsehoods.” Law professor Cass R. Sunstein has this essay online at Bloomberg Opinion.
“North Dakota judge invites Supreme Court to reverse his ruling, cites ‘master race’ concerns; Judge Ralph Erickson, a federal appeals judge based in Fargo, said he was forced by precedent to find an Arkansas law banning abortions of unborn children with Down syndrome unconstitutional; He wants the Supreme Court to overturn the 1992 case creating the judicial precedent”: Patrick Springer has this front page article in today’s edition of The Forum of Fargo, North Dakota.
“A $1 Verdict Could Actually Be Meaningful. A new Supreme Court case has everything: Taylor Swift, the First Amendment and implications for policing.” Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.
“What does Josh Hawley think he’s doing?” Dan Zak of The Washington Post has this report.
“Senate GOP Set to Argue Out-of-Office Trump Can’t be Convicted in Impeachment; New report suggests most scholars are on the other side; trial could start this week”: Jess Bravin of The Wall Street Journal has this report.
“Tribes want Congress to allow criminal justice compacts with Oklahoma in wake of landmark McGirt ruling”: Barbara Hoberock of The Tulsa World has an article that begins, “Some tribal representatives want Congress to allow them to compact with the state to deal with the implementation of a landmark U.S. Supreme Court case regarding criminal jurisdiction.”