“Supreme Court Case Tests FTC’s Powers to Recoup Ill-Gotten Gains; Justices voice mixed views suggesting history, though maybe not statute, is on FTC’s side in case involving race-car driver Scott Tucker”: Brent Kendall of The Wall Street Journal has this report.
Lawrence Hurley of Reuters reports that “U.S. Supreme Court probes FTC’s approach to seeking ill-gotten gains.”
Evan Weinberger of Bloomberg Law reports that “Supreme Court Weighs Whether FTC Law Allows Consumer Redress.”
And Brandi Buchman of Courthouse News Service reports that “Payday Fraudster Slams FTC Claw-Back Powers Against the High Court Ropes; Spurning other statutes that explicitly guide how the agency can recoup money, the Federal Trade Commission has leaned on its injunctive-relief powers to return almost $1 billion to consumers over the last three years.”
You can access via this link the audio and transcript of today’s U.S. Supreme Court oral argument in AMG Capital Management, LLC v. FTC, No. 19-508.
“Iowa Chief Justice: Court system ‘turned on its head’ but ‘did not succumb’ to pandemic.” William Morris of The Des Moines Register has this report.
“Lindsey Graham had a lock on most ludicrous senator — until Josh Hawley pounced”: Columnist George F. Will has this essay online at The Washington Post.
“Sen. Josh Hawley responds to critics: ‘Why I objected.'” U.S. Senator Josh Hawley (R-MO) has this essay online at the Southeast Missourian.
“FBI, Justice Department leaders stay out of sight after riot”: Eric Tucker and Michael Balsamo of The Associated Press have this report.
“The Senate can constitutionally hold an impeachment trial after Trump leaves office”: Law professor Laurence H. Tribe has this essay online at The Washington Post.
“Texas solicitor general latest exit in embattled AG’s office”: Jake Bleiberg and Paul J. Weber of The Associated Press have this report.
And Hayden Sparks of The Texan reports that “Texas Solicitor General Resigns and Former Scalia Clerk Appointed to Replace, Says Paxton; Judd Stone will succeed Kyle Hawkins, who recently argued against Obamacare at the U.S. Supreme Court.”
“Gov. Newsom should appoint Supreme Court Justice Goodwin Liu as attorney general”: Janet Napolitano has this essay online at The San Francisco Chronicle.
“A Federalist Society Star Helped Foment the Capitol Riot; The Federalist Society has no comment”: Mark Joseph Stern has this jurisprudence essay online at Slate.
“Supreme Court Justice Bolick contracted COVID-19 last month”: Jeremy Duda of AZ Mirror has this report. According to the article, Bolick has since recovered.
“State Sen. Jim Brewster sworn in after 2 months of legal wrangling over results”: Paula Reed Ward of The Pittsburgh Tribune-Review has this report.
“Angered by Pa. Supreme Court rulings, GOP moves to exert more control over judiciary branch”: Marie Albiges of Spotlight PA has this report online at The Philadelphia Inquirer.
Mark Scolforo of The Associated Press reports that “GOP proposal to elect judges by zone advances by single vote.”
And Miles Bryan of WHYY reports that “House GOP advances plan to elect Pa. judges by region; opponents say it would ‘gerrymander the court.'”
In response to today’s developments, Pennsylvania’s Governor Tom Wolf issued a news release titled “Gov. Wolf Releases Statement on Proposed Constitutional Amendments.”
“Key steps in Trump Organization criminal probe stall as investigators await Supreme Court decision”: Kara Scannell of CNN has this report.
“The Supreme Court hands down its first anti-abortion decision of the Amy Coney Barrett era; The Court’s decision may be the beginning of the end of Roe v. Wade”: Ian Millhiser has this essay online at Vox.
“Amy Coney Barrett Should Recuse Herself from Big Oil’s Supreme Court Case”: Bill McKibben has this post online at The New Yorker.
“Police shooting case raises free speech issues relevant to argument Trump incited mob to attack Capitol”: Bob Egelko of The San Francisco Chronicle has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
“Fourth Circuit Revives Challenge to Mental Health Treatment of Unaccompanied Minors; The Richmond-based federal appeals court found the government was responsible for the mental health treatment of a traumatized 16-year-old Mexican immigrant and others in its care”: Brad Kutner of Courthouse News Service has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
“Self-pardon? It might not go how Trump thinks. The president’s cherished Supreme Court majority has disappointed him before — and it might again.” Josh Gerstein of Politico has this report.
“US carries out its 1st execution of female inmate since 1953”: Michael Tarm and Heather Hollingsworth of The Associated Press have this report.
“How best to remedy cheating of consumers?” Lyle Denniston has this blog post.
And in commentary, today’s edition of The Wall Street Journal contains an editorial titled “A Case of Blindside Regulation; The Justices can rein in an FTC that increasingly exceeds its authority.”
“Pence Reached His Limit With Trump. It Wasn’t Pretty. After four years of tongue-biting silence that critics say enabled the president’s worst instincts, the vice president would not yield to the pressure and name-calling from his boss.” Peter Baker, Maggie Haberman, and Annie Karni will have this article in Wednesday’s edition of The New York Times.
“The Second Circuit Split on Appealing Summary-Judgment Denials; The Second Circuit effectively held that denied summary-judgment motions are insufficient to preserve issues — even purely legal issues — for appeal”: Bryan Lammon has this post at his “final decisions” blog.
“Philadelphia Can’t Open Drug Safe-Injection Site, Federal Appeals Court Rules; Nonprofit can seek review from full court after three-judge decision”: Jon Kamp of The Wall Street Journal has this report.
Matt Miller of The Patriot-News of Harrisburg, Pennsylvania reports that “Plan to open nation’s first ‘safe injection site’ for drug addicts in Philly would be illegal, U.S. court says.”
Maryclaire Dale of The Associated Press has a report headlined “US appeals court: Supervised injection site defies drug law.”
And Emilee Larkin of Courthouse News Service reports that “Safe Drug-Injection Site in Philly Nixed by 3rd Circuit; After a federal judge had said it would not violate federal law for drug users to shoot up in a facility with medical supervision, the appeals court found otherwise Tuesday.”
My earlier coverage of today’s Third Circuit ruling can be accessed here.
“Citing Taylor Swift, Supreme Court Seems Set to Back Nominal Damages Suits; Three justices discussed the singer in a case over whether two students could sue their college for violating their First Amendment rights”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court debates religious speech case, with approving nod to Taylor Swift.”
Jess Bravin of The Wall Street Journal reports that “Supreme Court Considers Expanding Government Liability Over Speech Restrictions — Even After They Were Lifted; The justices will decide whether student who sued Georgia state college can collect attorneys’ fees after school dropped policies.”
Alex Swoyer of The Washington Times reports that “Supreme Court skeptical of students’ case for damages after college censorship.”
Kelsey Dallas of Deseret News has an article headlined “He sued his school for silencing him. Here’s why the Supreme Court may force him to end his fight. At what point should free speech or religious freedom lawsuits be considered resolved?”
John Kruzel of The Hill reports that “Taylor Swift sexual assault verdict discussed at Supreme Court.”
Mark Walsh of Education Week reports that “Supreme Court Considers Issue of Damages That Comes Up in Many Suits Over School Policies.”
And Jack Rodgers of Courthouse News Service reports that “Taylor Swift Name-Checked as High Court Probes Mooted Speech Battle; Nominal damages were enough to hold a DJ liable for groping Taylor Swift, but whether they can resurrect a suit against Georgia Gwinnett College is up to the Supreme Court.”
You can access via this link the audio and transcript of today’s U.S. Supreme Court oral argument in Uzuegbunam v. Preczewski, No. 19-968.
“Lawyer Wood Booted Off Carter Page Case as Judge Rips Incitement”: Mike Leonard of Bloomberg Law has this report.
And Joe Palazzolo and Aruna Viswanatha of The Wall Street Journal report that “Steve Wynn and Lawyer Lin Wood, United Over Trump, Break Ties in Messy Spat; Attorney demands millions of dollars from the casino magnate, alleging the billionaire harmed his reputation with the president.”
“Supreme Court Revives Abortion-Pill Restriction; In their first abortion case since Justice Amy Coney Barrett joined the court, the justices reinstated a requirement that women seeking medication abortions pick up a pill in person”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court restores requirements for medication abortions, siding with Trump administration.”
Mark Sherman of The Associated Press reports that “Justices say women must obtain abortion pill in person.”
Greg Stohr of Bloomberg News reports that “Supreme Court Halts Mail Delivery of Abortion-Inducing Pills.”
You can access this evening’s order of the U.S. Supreme Court, and the opinions concurring in and dissenting from the order, at this link.
“Taylor Swift Invoked in Supreme Court Free Speech Argument”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.
“Trump Lawyers Face Rebukes Over Election-Fraud Claims; Lawyers face ethical complaints, lawsuits and professional reproach that could take years to resolve”: Rebecca Davis O’Brien of The Wall Street Journal has this report.
“Trump administration asks Supreme Court to allow execution of Lisa Montgomery”: Ann E. Marimow of The Washington Post has this report.
“Fraud convictions for former Wilmington Trust executives tossed by federal appeals court”: Xerxes Wilson of The News Journal of Wilmington, Delaware has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Update: In other coverage, Jonathan Stempel of Reuters reports that “U.S. appeals court tosses former Wilmington Trust executives’ crisis-related convictions.”
“Federal appellate court rejects plan for supervised injection site in Philly”: Jeremy Roebuck of The Philadelphia Inquirer has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
“Never Forget What Ted Cruz Did: The senator has been able to use his Ivy League pedigree as a cudgel; After last week, his credentials should condemn him.” Mimi Swartz has this op-ed in today’s edition of The New York Times.
“Impeachment Isn’t the Only Option Against Trump; Congress can invoke its constitutional power to bar the president from holding office again”: Deepak Gupta and Brian Beutler have this essay online at The New York Times.
“Congress must consider censure, impeachment, removal”: William H. Webster has this essay online at The St. Louis Post-Dispatch.
“Long sworn in as RI’s first Black Supreme Court justice”: Katie Mulvaney has this front page article in today’s edition of The Providence Journal.
And in today’s edition of The Boston Globe, Edward Fitzpatrick has an article headlined “R.I.’s first Black Supreme Court justice is sworn in; ‘The arc of the moral universe is long,’ Justice Melissa A. Long says, ‘but it does indeed bend toward justice.’“
