“Feinstein’s Future Could Swing on Husband’s Potential Posting Overseas; Senator Dianne Feinstein’s husband, Richard Blum, is seeking an overseas posting, which could pave the way for her to leave the Senate; She said she would ‘absolutely’ serve out her term”: Jonathan Martin will have this article in Wednesday’s edition of The New York Times.
“The pressure to reform the filibuster is already working”: Columnist Paul Waldman has this essay online at The Washington Post.
“Former Trump lawyer Alan Dershowitz is advising MyPillow CEO Mike Lindell in Dominion defamation suit, says his role is ‘extremely limited'”: Kevin Breuninger of CNBC has this report.
“McConnell Threatens ‘Pileup’ if Democrats Change Filibuster Rules; Centrist Democrat Joe Manchin has floated idea of requiring senators to be present to block bills”: Lindsay Wise and Siobhan Hughes of The Wall Street Journal have this report.
“Fifth Circuit Sanctions Democratic Election Lawyer Marc Elias in Texas Voting Case”: Dylan Jackson of The American Lawyer has this report on an order that a partially divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued last Thursday.
And The Wall Street Journal has published an editorial titled “Perkins Coie in the Dock: An appeal court sanctions the Democratic Party’s elections-law firm for lack of candor.”
“McConnell’s Filibuster Throwdown; The GOP leader warns Democrats about killing the 60-vote rule”: This editorial will appear in Wednesday’s edition of The Wall Street Journal.
“Stop Telling Stephen Breyer to Retire; The Supreme Court justice doesn’t need liberals to tell him he’s 82.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Federal Circuit Will Have Vacancy as Wallach Goes Senior”: Perry Cooper of Bloomberg Law has this report.
“Success at the (Usually) Highest Patent Court in the Land”: Adam Feldman has this post at The Juris Lab.
Another federal appellate court isn’t particularly interested in a litigant’s preferred pronouns: Circuit Judge Steven M. Colloton offered these thoughts in a decision that he issued today on behalf of a unanimous Eighth Circuit panel:
As the filings in this case illustrate, clarity suffers and confusion may follow when legal writing refers to a single individual as “they,” especially when the materials advert to other actors who are naturally described as “they” or “them” in the traditional plural.
In a subsequent footnote, Colloton explained, “Consistent with the proceedings in the district court, and for the sake of clarity, we use masculine pronouns when referring to Thomason in this opinion.”
“Pennsylvania Lawmakers Immune From Suit Over Islamic School”: Maya Earls of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
“Judiciary Seeks New Judgeships, Reaffirms Need for Enhanced Security”: The Administrative Office of the U.S. Courts issued this news release today.
“I write in response to my concurring colleague’s claim that the government’s brief in this appeal contained misrepresentations of the record and improper argument.” Circuit Judge Robert L. Wilkins issued this concurring opinion today, in addition to writing the opinion for a unanimous three-judge D.C. Circuit panel in the case.
In his separate opinion, Wilkins was responding to Senior Circuit Judge Laurence H. Silberman‘s concurring opinion.
“H.R. 1 can’t pass the Senate. But here are some voting reforms that could. A smaller, more targeted bill might attract enough support to get past — or change — the filibuster.” Law professor Richard L. Hasen, author of the “Election Law Blog,” has this essay online at The Washington Post.
“FBI facing allegation that its 2018 background check of Brett Kavanaugh was ‘fake’; A Democratic senator has asked attorney general Merrick Garland to facilitate ‘proper oversight’ into concerns on the investigation”: Stephanie Kirchgaessner of The Guardian (UK) has this report.
You can access the letter from U.S. Senator Sheldon Whitehouse (D-RI) at this link.
“Judiciary Releases Annual Report and Judicial Business 2020”: The Administrative Office of the U.S. Courts issued this news release today.