“New York Immigrant Advocacy Group’s Open Records Case Revived”: Brian Flood of Bloomberg Law has a report that begins, “An organization that provides legal assistance to immigrants in New York can move forward with its suit seeking access to non-precedential opinions of the Board of Immigration Appeals, after a divided Second Circuit held Friday that federal courts can order government agencies to make certain records available to the general public under the Freedom of Information Act.”
You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
“Move to Abolish Death Penalty Signals Liberal Power in Virginia; Democrats in control of the Legislature are pushing for a ban on executions, the latest policy change in an ascendant progressive agenda in the state”: Trip Gabriel of The New York Times has this report.
“Court: Black man’s arrest for refusing to show ID improper.” Matthew Barakat of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
“After a cold and wet week, federal court comes to skid row”: In today’s edition of The Los Angeles Times, Benjamin Oreskes has an article that begins, “A wet week in Los Angeles that drenched the region’s homeless population has left a federal judge outraged by the conditions people on the street face and by the city’s apparent inaction. U.S. District Judge David O. Carter spent the weekend on skid row bringing tents to people who had nowhere to shelter and now wants elected officials and attorneys for the city and county to come there as well.”
“‘He’s clearly laying groundwork’: Hawley paves 2024 path; The Missouri Republican is the only senator to oppose every one of Biden’s Cabinet nominees to date.” Marc Caputo and Burgess Everett of Politico have this report.
“Lessons for practice from clerking at the Fifth Circuit”: Raffi Melkonian served as moderator for this Houston Bar Association Federal Practice Section event earlier today. You can view a recording of the video on YouTube via this link.
“Supreme Court Rules for Germany in Case on Nazi-Era Art; In a unanimous ruling, the court said a federal law bars suits against foreign governments accused of expropriating their own citizens’ property”: Adam Liptak of The New York Times has this report.
In today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court rules unanimously for Germany in Nazi art sale case.”
In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Supreme Court rules against heirs of Jewish art dealers in Nazi era.”
In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Supreme Court Denies Holocaust Victims’ Property Claims Against Nazi Germany, Hungary; International law has no remedy for property crimes a government commits against its own citizens, a unanimous court rules.”
Jessica Gresko of The Associated Press reports that “Supreme Court sides with Germany in Nazi-era art dispute.”
Andrew Chung of Reuters reports that “U.S. Supreme Court deals setback to Jewish heirs in Nazi-era art dispute.”
Ariane de Vogue and Devan Cole of CNN report that “Supreme Court deals setback to Holocaust victims in art disputes.”
Josh Gerstein of Politico reports that “Heirs to Jewish art dealers lose fight at Supreme Court; Unanimous ruling rejects use of U.S. courts to press claims of forced sale prior to WWII.”
Alexandra Jones of Courthouse News Service reports that “Germany, Hungary Prevail at High Court in Holocaust Treasure Case.”
And on yesterday evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Says Germany Can’t Be Sued In Nazi-Era Art Case.”
“Biden brother’s role in Florida law firm complicates White House ethics message”: Annie Linskey has this front page article in today’s edition of The Washington Post.
“Justice Department Drops Suit Claiming Yale Discriminated in Admissions; The Trump administration had claimed that the school’s practices hurt white and Asian-American applicants, violating the Civil Rights Act of 1964”: Anemona Hartocollis has this article in today’s edition of The New York Times.
In today’s edition of The Washington Post, Lauren Lumpkin has an article headlined “Justice Dept. drops suit accusing Yale of bias against Asian and White applicants.”
In today’s edition of The Wall Street Journal, Melissa Korn and Sadie Gurman have an article headlined “Justice Department Drops Yale University Admissions Lawsuit; Dismissal of suit alleging discrimination against white and Asian-American applicants signals Biden administration’s shift on civil-rights enforcement.”
Dave Boyer of The Washington Times reports that “Biden drops Trump administration’s Yale suit claiming bias against Asian, White students.”
Edmund H. Mahony of The Hartford Courant reports that “U.S. Justice Department drops suit accusing Yale of discrimination in affirmative action admissions practices.”
In today’s edition of The New Haven Register, Ed Stannard has a front page article headlined “Justice Department drops suit charging Yale with bias in admissions.”
Jacob Fromer of The South China Morning Post reports that “US drops lawsuit accusing Yale of discrimination against Asian and white applicants.”
Amelia Davidson of The Yale Daily News reports that “Biden DOJ drops Yale admissions lawsuit.”
Raquel Coronell Uribe and Jasper G. Goodman of The Harvard Crimson report that “Justice Department Drops Yale Admissions Lawsuit, Signifying Likely Shift in Harvard Suit.”
Colleen Long and Michael Balsamo of The Associated Press report that “Justice Department drops Yale admissions discrimination suit.”
Jonathan Stempel and Nate Raymond of Reuters report that “U.S. drops lawsuit over Yale admissions as Supreme Court looms.”
Patricia Hurtado and Janet Lorin of Bloomberg News report that “Trump’s Diversity Fights With Yale, Princeton Are Dropped.”
Pete Williams of NBC News has a report headlined “In Biden administration reversal, Justice Dept. drops discrimination suit against Yale; A two-sentence filing in U.S. District Court gave notice of the government’s ‘voluntary dismissal of this action.’”
Dan Berman, Jessica Schneider, Christina Carrega, and Devan Cole of CNN report that “US drops discrimination lawsuit against Yale.”
Greg Norman of Fox News reports that “Justice Department is dropping Yale University admissions practices lawsuit; Trump administration had filed the lawsuit against the Ivy League school.”
Justine Coleman of The Hill reports that “DOJ drops discrimination case against Yale University.”
And Josh Russell of Courthouse News Service reports that “New Administration Won’t Pursue Yale on Admissions Bias; It isn’t a whole new world in 2021, but Yale University learned Wednesday that it will no longer face discriminating charges from the U.S. Department of Justice.”
“Virginia Senate backs bill to abolish the death penalty”: Frank Green has this front page article in today’s edition of The Richmond Times-Dispatch.
And in today’s edition of The Washington Post, Laura Vozzella and Gregory S. Schneider have an article headlined “With state Senate vote, Virginia moves closer to abolishing death penalty.”
“‘The Most Intemperate Judge’: This Federal Jurist Is Raising Eyebrows; The U.S. Court of Appeals for the Fifth Circuit has pulled the U.S. district judge off cases at least three times, and called him out for racist and sexist comments on the bench; Yet the judge hasn’t faced judicial discipline.” Angela Morris of Texas Lawyer has this report.
“Should a New President Change Old SCOTUS Positions? The president’s power to act in Court derives from his constitutional duty to carry out the law. He must, therefore, say what he believes the law to be.” John O. McGinnis has this post at the “Law & Liberty” blog.
“Justices Find Courts Can Hear Disputes Over Railroad Disability Benefits; The nation’s highest court ruled 5-4 that federal courts can review an administrative board’s refusal to reopen a case in which it denied disability benefits to a railroad worker”: Erika Williams and Alexandra Jones of Courthouse News Service have this report.
“Supreme Court cancels hearing on border wall”: Stephen Dinan of The Washington Times has this report.
Lawrence Hurley of Reuters reports that “U.S. Supreme Court scraps arguments in Trump-era immigration and wall cases.”
Greg Stohr of Bloomberg News reports that “Supreme Court Cancels Arguments on Border Wall, Asylum Policy.”
Pete Williams of NBC News reports that “Supreme Court cancels arguments on Trump’s border wall, ‘remain in Mexico’ policy; President Joe Biden stopped the wall project in one of his first steps after being sworn into office.”
Priscilla Alvarez and Ariane de Vogue of CNN report that “Supreme Court delays oral arguments on border wall and asylum rule.”
Adam Shaw, Shannon Bream, and Bill Mears of Fox News report that “Supreme Court cancels arguments over Trump-era immigration policies at Biden administration’s request; Biden has signed a number of orders reversing key Trump-era policies on immigration.”
Rebecca Beitsch of The Hill reports that “Supreme Court cancels border wall, asylum policy hearings after Biden shifts.”
And Brad Kutner of Courthouse News Service reports that “High Court Grants Biden Request to Drop Trump-Era Immigration Cases; After his election win over Donald Trump, President Joe Biden asked the justices to not weigh in on policies he plans to roll back.”
“U.S. Supreme Court will hear PennEast Pipeline appeal of N.J. eminent-domain dispute”: Andrew Maykuth of The Philadelphia Inquirer has this report.
Michael Sol Warren of NJ Advance Media reports that “Future of controversial $1B PennEast pipeline taken up by U.S. Supreme Court.”
And Jack Rodgers of Courthouse News Service reports that “Pipeline That Locked Horns With New Jersey Will Get High Court Audience.”
“The Wall Street Journal Misreads Section 230 and the First Amendment”: Berin Szóka and Ari Cohn have this post at the “Lawfare” blog about a law professor’s op-ed that The Wall Street Journal published last week.
“Iowa legislator seeks oversight of Iowa Supreme Court; Bill would have allowed lawmakers to question justices, override rulings”: James Q. Lynch of The Gazette of Cedar Rapids has this report.
“7th Circuit certifies 2 med-mal questions to Indiana Supreme Court”: Katie Stancombe of The Indiana Lawyer has this post about a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
“DOJ urges Supreme Court to undo certification of Goldman shareholder class”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“A First Amendment Case That May Be Key to Trump’s Senate Trial”: Tony Mauro has this post at Freedom Forum.
“Missouri’s second female Supreme Court judge retiring”: Summer Ballentine of The Associated Press has a report that begins, “Missouri Supreme Court Judge Laura Denvir Stith on Tuesday announced she’s retiring from the state’s high court.”
“U.S. Supreme Court to hear pipeline company’s bid to seize New Jersey land”: Jan Wolfe of Reuters has this report.
And Greg Stohr of Bloomberg News reports that “PennEast Pipeline Gets High Court Hearing on Land-Use Rights.”
“Clarence Thomas’ wife apologizes to his former clerks for divide that developed amid fallout over Capitol riot”: Devan Cole and Ariane de Vogue of CNN have this report.
“Originalism Is Dead. Long Live Catholic Natural Law. On the ‘postliberal’ future of the federal courts.” Peter Hammond Schwartz has this article online at The New Republic.
“Reintroducing Sonia Sotomayor: What can the most liberal justice accomplish on the most conservative court in decades?” Irin Carmon has this article in this week’s issue of New York Magazine.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case.
Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in three argud cases.
1. Justice Sonia Sotomayor delivered the opinion of the Court in Salinas v. Railroad Retirement Bd., No. 19-199. Justice Clarence Thomas issued a dissenting opinion, in which Justices Samuel A. Alito, Jr., Neil M. Gorsuch, and Amy Coney Barrett joined. You can access the oral argument via this link.
2. Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in Federal Republic of Germany v. Philipp, No. 19-351. You can access the oral argument via this link.
3. And the Court issued a unanimous per curiam decision in Republic of Hungary v. Simon, No. 18-1447, vacating and remanding for further proceedings consistent with the Court’s ruling today in the Federal Republic of Germany case. You can access the oral argument via this link.
“Pro-Trump lawyer Lin Wood under investigation for possible voter fraud in Georgia; Wood, who claimed the presidential election was stolen, told an Atlanta-based reporter that he has lived in South Carolina ‘for several months'”: Dartunorro Clark and Charlie Gile of NBC News have this report.
“Biden moves quickly to make his mark on federal courts after Trump’s record judicial nominations”: Ann E. Marimow and Matt Viser of The Washington Post have this report.
“Nativity scene OK in front of Jackson County Courthouse, federal appeals court rules”: Johnny Magdaleno of The Indianapolis Star has this report.
Justine Coleman of The Hill reports that “Court rules Indiana courthouse can display nativity scene.”
And David Wells of Courthouse News Service reports that “Seventh Circuit Rules Nativity Scene Can Be Placed on Courthouse Grounds; A nativity scene displayed outside of an Indiana courthouse has secular significance, a federal appeals court ruled Tuesday.”
You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit at this link.
“Judge Postpones Guantánamo Court Appearances, Citing Pandemic; A military judge who was to travel to Guantánamo Bay this week ruled that the health risks the base posed were reason enough to delay the arraignments of three prisoners”: Carol Rosenberg of The New York Times has this report.
“Appeals court rejects the state’s effort to seal records and require secret trials for teens accused of murder, other serious crimes”: Edmund H. Mahony of The Hartford Courant has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday.
“The Benefits and Burdens of Mary Ziegler’s Account of Abortion Law”: Linda Greenhouse has this guest post at the “Balkinization” blog.
“There is a risk for the Biden Administration to withdraw the Trump Administration’s Obamacare Brief; If the case is dismissed on standing grounds, a future litigant in the Fifth Circuit could challenge the ACA as a defense to federal enforcement”: Josh Blackman has this post at “The Volokh Conspiracy.”
“How a cheerleader’s angry social media post landed before the Supreme Court”: Columnist Nicholas Goldberg has this op-ed in today’s edition of The Los Angeles Times.
