“Does Trump Face Legal Jeopardy for His Incendiary Speech Before the Riot? The president’s actions just before his supporters’ deadly rampage at the Capitol has created new risks for him.” Charlie Savage has this article in today’s edition of The New York Times.
And David Yaffe-Bellany and Bob Van Voris of Bloomberg News report that “Trump May Be Shielded From Riot Charges by Klan Speech Ruling.”
“Woman Struck at Casino Wins Suit, But $1 Million Award Too Much”: Jacklyn Wille of Bloomberg Law has this report (subscription required for full access) on a ruling* that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
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*Trigger warning for sexist terms — the plaintiff was injured by a piece of machinery that the opinion repeatedly describes as a “manlift.” A paper addressing how Hawaii could gender-neutralize its statutes suggests using the term “lift” instead.
“Chief Justice John Roberts has received both doses of Covid vaccine, court says”: Joan Biskupic of CNN has this report.
“National Injunctions and the Erasure of the Plaintiff/Nonplaintiff Line”: Samuel Bray has this post at “The Volokh Conspiracy.”
“Trump Was Kicked Off Twitter. Who’s Next? We should be wary of corporate power over political speech.” Law professor Eugene Volokh has this essay online at The New York Times.
“Republican Attorney General Official Resigns Over Group’s Role in Capitol March; Adam Piper was executive director of Republican Attorneys General Association, which sent robocalls asking people to join rally that turned into deadly riot”: Deanna Paul and Jess Bravin of The Wall Street Journal have this report.
“Impeachment won’t keep Trump from running again. Here’s a better way.” Law professors Bruce Ackerman and Gerard Magliocca have this essay online at The Washington Post.
“Six hours of paralysis: Inside Trump’s failure to act after a mob stormed the Capitol.” Ashley Parker, Josh Dawsey, and Philip Rucker of The Washington Post have this report.
And Paul Sonne and Missy Ryan of The Washington Post report that “Pentagon faces scrutiny over response to Capitol riot.”
“Save the Constitution From Big Tech: Congressional threats and inducements make Twitter and Facebook censorship a free-speech violation.” Vivek Ramaswamy and suspended law professor Jed Rubenfeld will have this op-ed in Tuesday’s edition of The Wall Street Journal.
“Donor Privacy at the Supreme Court; Xavier Becerra’s policy on nonprofits is in the dock”: The Wall Street Journal has published this editorial.
“Congress Has All the Impeachment Evidence It Needs; The attack on the Capitol didn’t start with Trump’s speech; He’s been fomenting insurrection for weeks”: William Saletan has this essay online at Slate.
“The 25th Amendment isn’t impeachment-lite. We shouldn’t treat it that way. Trump isn’t incapacitated. In his case, impeachment is the proper way to try removing him.” Law professor Michael J. Gerhardt has this essay online at The Washington Post.
“My college tried to stop me from speaking about religion. Now, we’ll meet in the Supreme Court.” Chike Uzuegbunam has this essay online at The Washington Post.
“Colorado’s Supreme Court first in U.S. to revamp common-law marriage for same-sex couples; Justices use 3 rulings to create new legal standard for common-law marriage in Colorado”: Shelly Bradbury of The Denver Post has this report.
You can access here, here, and here today’s three rulings of the Supreme Court of Colorado.
“A Mob Attacked the Capitol for Trump. Now What? Wednesday’s riot was the next blind step toward an outcome no one wants, driven by people who can’t understand their own endgame.” Mike Giglio has this article online at The Intercept.
“Trump’s 2024 Hopes Just Crashed Into the 14th Amendment; A provision of the Constitution designed to bar Confederate leaders from office may keep Trump from running again”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“The Roots of Josh Hawley’s Rage: Why do so many Republicans appear to be at war with both truth and democracy?” Katherine Stewart has this essay online at The New York Times.
Access online the contents of the January 2021 issue of the Harvard Law Review: Via this link. The issue includes, among other things, a series of essays titled “Memoriam: Justice Ruth Bader Ginsburg.”
“Supreme Court Hears Oral Arguments in Nestlé v. Doe and Cargill v. Doe”: Kelsey Clinton has this post today at the “Lawfare” blog.
“The Circus is Coming for the Courts; In an age of demagoguery, judges and justices — members of a highly credentialed elite dealing with complex questions — are perfect targets”: John G. Grove has this post at the “Law & Liberty” blog.
“John Roberts can’t escape the shadow of Donald Trump”: Joan Biskupic of CNN has this news analysis.
“Supreme Court refuses to expedite election challenges”: Alex Swoyer of The Washington 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, but the Court did call for the views of the Solicitor General’s office in one case. In addition, the Court denied multiple requests to expedite challenges to the results of November’s presidential election.
And in Bruni v. City of Pittsburgh, No. 19–1184, Justice Clarence Thomas issued a statement respecting the denial of certiorari.
“Omni Worker Sees Sex Bias Claim Resurrected by Appeals Court”: David McAfee of Bloomberg Law has this report on an opinion that Circuit Judge James C. Ho issued last Thursday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.
“Trump’s refugee resettlement policy blocked by federal appeals court”: Ann E. Marimow of The Washington Post has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued Friday.
“U.S. appeals court blocks release of Dominican man accused of killing drug agent”: Kevin G. Andrade of The Providence (R.I.) Journal had this report back in September 2019.
Last Thursday, a divided three-judge panel of the U.S. Court of Appeals for the First Circuit issued this decision affirming a federal district court’s issuance of habeas corpus relief that precludes the man’s extradition.
“Into the Fire: First Case for DC Circuit’s Newest Entails Sealed Comey Probe Record.” Megan Mineiro of Courthouse News Service had this report back in September 2020.
On Friday, D.C. Circuit Judge Justin R. Walker issued his very first published opinion on behalf of his new court deciding the case for a unanimous two-judge panel. Now Walker can truthfully say that his very first D.C. Circuit opinion consisted of ruling against CNN in a matter involving former FBI Director James Comey.
“Prison guards can’t be fired for taunting inmate on suicide watch, sharply split Pa. court says”: Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report on a ruling that a divided three-judge panel of the Commonwealth Court of Pennsylvania issued Friday.
“No, Trump Isn’t Guilty of Incitement; Inflaming emotions isn’t a crime; The president didn’t mention violence, much less provoke it”: Jeffrey Scott Shapiro has this op-ed in today’s edition of The Wall Street Journal.
“US Supreme Court Takes Up More Than a Dozen New Cases”: Jack Rodgers, Erika Williams, and Andy Monserud of Courthouse News Service have this report.
“Democrats Are Pursuing the Wrong Impeachment Charges Against President Trump; It would be better to make a case around provable facts rather than a matter of judgment”: Law professor Clark D. Cunningham has this essay online at Politico Magazine.
“Incitement to Riot? What Trump Told Supporters Before Mob Stormed Capitol; Here is a closer look at what the president said at a rally of his supporters, which is a central focus of the impeachment case being prepared against him.” Charlie Savage of The New York Times has this report.
“Pa. Commonwealth Court declares Marsy’s Law unconstitutional, referendum votes invalid”: Mick Stinelli of The Pittsburgh Post-Gazette has this report.
And Mark Scolforo of The Associated Press reports that “Split court tosses Pennsylvania victims’ rights amendment.”
You can access Thursday’s 3-to-2 unpublished ruling of the Commonwealth Court of Pennsylvania at this link.
“U.S. Supreme Court to hear Ordot Dump lawsuit”: The Pacific Daily News of Guam has this report.
“Remarkable New Fifth Circuit Decision Limiting Cell Phone Searches; Remarkable but wrong, I think — although, in my view, the correct result in this case for other reasons”: Orin S. Kerr has this post at “The Volokh Conspiracy.”
My earlier coverage of Tuesday’s Fifth Circuit ruling can be accessed here.