“Property rights get a day in court”: Columnist George F. Will has this essay online at The Washington Post.

“High court to be asked to overturn intellectual disability threshold; Critics: Georgia standard of proof imposed on death penalty defendants practically impossible to meet.” Bill Rankin of The Atlanta Journal-Constitution has this report.

“It’s time for Justice Breyer and Senator Feinstein to retire”: Columnist Paul Waldman has this essay online at The Washington Post.

Judge who maligned media can’t get coverage of his Broadway shows: A longtime correspondent of this blog emailed tonight to note:

I notice that Judge Silberman’s long dissent-in-part in Tah v. Global Witness contains what is either a clever pun or a truly inspired typographical error. On page three of his dissenting opinion he writes:

“In that deal, Global Witness asserted that the National Oil Company paid bribes to legislators on behalf of the Broadway Consolidated oil company to secure ratification of its purchase. J.A. 68; see also J.A. 84 (noting that the National Oil Company had also paid bribes on behalf of Oranto Petroleum). And now, Exxon was stepping into Broadway’s shows.”

Plainly, under ordinary circumstances, the last word “shows” should be “shoes.” On the other hand, Broadway has shows; that is even the point of Broadway.

So either Judge Silberman is making an offhand joke about Broadway, center of the stage world, or he is the victim of a truly inspired mistranscription or other typo. Either way, this paragraph has happy feet.

No doubt the mainstream media outlets can sympathize with this error.

“Bayer Won’t Ask U.S. Supreme Court to Reverse Roundup Loss”: Joel Rosenblatt of Bloomberg News has this report.

“Federal District Court Reversal Rates, Part 2: Experience and Age, Again.” James Daily has this post at The Juris Lab.

“Supreme Court justices meet in person for first time in a year; All nine justices have been fully vaccinated”: Pete Williams of NBC News has this report.

And Paul Best of Fox News reports that “Supreme Court meets in person for first time in more than a year; Oral arguments will still be held by teleconference through the spring.”

“Property Rights at the Supreme Court: Can a state order owners to let the public use land without compensation?” The Wall Street Journal has published this editorial.

In December 2020, The University of Chicago Law Review Online published “a series of short remembrances of Judge Diane Wood of the U.S. Court of Appeals for the Seventh Circuit in honor of her twenty-five years (and counting) on the bench”: Law professor David Freeman Engstrom had an essay titled “Oboe Judging.”

Law professor Zachary D. Clopton had an essay titled “Judge Diane P. Wood: A True Friend.”

Law professor Tejas N. Narechania had an essay titled “Judge Wood and the Human Side of Judging.”

And Elizabeth A. Reese had an essay titled “What Judge Wood Taught Me About Glass Cages.”

“The Corpus and the Courts”: Law professor Kevin Tobia has this essay at The University of Chicago Law Review Online.

“What Did Garamond Do to Deserve a D.C. Court’s Wrath?” Elena DeBré has this essay online at Slate.

“Neil Gorsuch Supports an Originalist Theory That Would Destroy Modern Governance; Just one problem: It’s bunk.” Mark Joseph Stern has this jurisprudence essay online at Slate.

The Columbia Law Review has posted online its newly published article by law professors Julian Davis Mortenson and Nicholas Bagley titled “Delegation at the Founding.”

“Federal Judge Says Media Is Anti-GOP ‘Threat to Democracy'”: Erik Larson of Bloomberg News has this report.

Josh Gerstein of Politico reports that “Federal judge pens dissent slamming decades-old press protections; D.C. Circuit Senior Judge Laurence Silberman’s diatribe amounted to an assault on a landmark Supreme Court decision that set the framework for modern defamation law.”

In commentary, online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Federal Judge Uses Dissent to Rant About Liberal Media Bias and ‘Big Tech’ Censorship; Judge Laurence Silberman condemned the mainstream press as ‘virtually Democratic Party broadsheets’ and praised Fox News.”

And at “Above the Law,” Kathryn Rubino has a post titled “What In the Q Is This Federal Judge Going On About? At least(?) it’s only a dissent.”

Circuit Judge David S. Tatel wrote today’s majority opinion of the U.S. Court of Appeals for the D.C. Circuit, in which Chief Judge Sri Srinivasan joined. And you can access Senior Circuit Judge Laurence H. Silberman‘s opinion dissenting in part at this link.

“The Federal Courts Have a Transparency Problem. Here’s How We Can Fix It. The third branch says it’s the most transparent when it comes to its work, but it’s the least transparent when it comes to the perks.” Gabe Roth has this essay online at The National Law Journal.

“Can Biden ‘rebalance’ the judiciary?” Russell Wheeler has this post at the “FixGov” blog of the Brookings Institution.

“Nonunanimous juries — recently ruled unconstitutional — convicted hundreds sitting in Oregon prisons. Now, they want a fair trial.” Jaimie Ding has this front page article in today’s edition of The Oregonian.

“Federal Circuit Judges Seek First Black Colleague as Seat Opens”: Perry Cooper of Bloomberg Law has this report. Cooper also tweeted here about some interesting stuff that didn’t make it into her article.

Over on Twitter, I have just posted this poll in which you can choose to cast a vote within the next 23 hours or so:

#AppellateTwitter — When a filing is served on you electronically but other counsel nevertheless sends you a paper copy, is your response:

Thanks that’s helpful.

I don’t need more paper.

It depends.

I will report back on the results tomorrow.

“A farmer’s feud with workers union leads to high-stakes Supreme Court showdown”: Robert Barnes of The Washington Post has this report.

“Biden poised to announce first wave of nominations to reshape U.S. courts; One prospect generating buzz is District Court Judge Ketanji Brown Jackson, whose expected appointment to a key appeals court could signal a future Supreme Court nomination”: Mike Memoli and Sahil Kapur of NBC News have this report.

“Supreme Court conservatives want to topple abortion rights — but can’t seem to agree on how”: Joan Biskupic of CNN has this report.

“Pandemic Revives Old Courtroom Argument: To Robe, or Not to Robe? As a precaution, judges and lawyers in India’s highest courts were freed from their black gowns, drawing cheers and objections.” Shan Li had this front page article in yesterday’s edition of The Wall Street Journal.

“California’s Xavier Becerra confirmed as Health and Human Services secretary”: Eli Stokols of The Los Angeles Times has this report.

And Tal Kopan and Alexei Koseff of The San Francisco Chronicle have an article headlined “Xavier Becerra confirmed to Biden’s Cabinet. Who will be next California attorney general?“

“A Day in a Scorched-Earth Senate: Democrats want to ‘fix’ the chamber by ending the filibuster; That would break it.” Columnist Kimberley A. Strassel will have this op-ed in Friday’s edition of The Wall Street Journal.

Meanwhile, in today’s edition of The Washington Post, columnist E.J. Dionne Jr. has an op-ed titled “Goodbye and good riddance to the filibuster” and columnist Karen Tumulty has an op-ed titled “Want to fix the filibuster? All it takes is guts.”

“Same-sex spouse fights government denial of death benefits in test for Biden administration”: Ann E. Marimow of The Washington Post has this report.

According to the article, the case is pending in the U.S. Court of Appeals for the Federal Circuit.

“Congress Sowed the Seeds of Jan. 6 in 1887; The Electoral Vote Count Act lets Congress think it can choose the President, but it’s unconstitutional”: Former Fourth Circuit Judge J. Michael Luttig and David B. Rivkin Jr. will have this op-ed in Friday’s edition of The Wall Street Journal.

“Removal and Remand: Investigating the Data on Removal to Federal Court.” Taylor Dalton has this post at The Juris Lab.

“She lost by 401 votes in 2020. Now former NC chief justice is planning a US Senate run.” Brian Murphy of The News & Observer of Raleigh, North Carolina has this report.

“Jeffery Rosen: Remembering the Notorious RBG.” Temple Emanu-El NYC this evening hosted this event (access the YouTube video via this link), which also featured Dahlia Lithwick.

“Juries are supposed to be unanimous. But I was convicted under an unconstitutional law. I was convicted by a monument to racism. Today, that monument can and should be taken down by the same person who sentenced me.” Terrence Hayes has this essay online at USA Today.

“Meet the candidates: Race for Pa. Supreme Court kicks off with virtual forum.” Katie Meyer of WHYY has this report.

And Jesse Bernstein of Philadelphia’s Jewish Exponent reports that “Judge Maria McLaughlin Runs for Pa. Supreme Court.”

“Appeals court revives criminal case against Michael Flynn’s ex-business partner”: Rachel Weiner and Ann E. Marimow of The Washington Post have this report.

Matthew Barakat of The Associated Press reports that “Appeal court reinstates conviction of Flynn business partner.”

Josh Gerstein of Politico reports that “Court reinstates guilty verdicts against Flynn partner over Turkey lobbying; Judge erred by tossing out jury’s conclusion that Trump transition adviser Bijan Rafiekian evaded lobbying laws, appeals court rules.”

And Erika Williams of Courthouse News Service reports that “Guilty Verdict Against Ex-Flynn Partner Reinstated; The Fourth Circuit made mincemeat of Bijan Kian’s acquittal after-the-fact, saying the trial court was also wrong to conditionally grant a new trial.”

You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

“It’s nearly impossible to hold federal officers accountable. The Supreme Court can change that.” Anya Bidwell, Patrick Jaicomo, and Alexa Gervasi have this essay online at The Washington Post.

“A Supreme Court case could devastate unions’ ability to organize. And that’s just the start.” Law professor Aaron Tang has this essay online at The Washington Post.

“Ninth Circuit Rejects Football Coach’s Suit Over Midfield Prayer”: Patrick Dorrian and Brian Flood of Bloomberg Law have this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued today.