“Senate Confirms First Biden Judges, Beginning Push to Rebalance Courts; The votes were the start of an effort by Democrats to confirm liberals and people of color to the federal courts after Donald J. Trump moved aggressively to install conservative white men”: Nicholas Fandos of The New York Times has this report.
And Alex Swoyer of The Washington Times reports that “Senate confirms first Biden judicial nominees.”
“The Supreme Court Justice Who Made History By Voting No on Racial Segregation”: On today’s broadcast of NPR’s “Morning Edition,” Steve Inskeep had this interview with Peter Canellos, author of “The Great Dissenter: The Story of John Marshall Harlan, America’s Judicial Hero.”
And online at The Christian Science Monitor, Seth Stern has a review of the book headlined “The US Supreme Court’s ‘Great Dissenter’ repudiated ‘separate but equal’; Justice John Marshall Harlan’s dissents, like the one in Plessy v. Ferguson in 1896, earned him a reputation as a liberal force in his day.”
“Inside the Conservative Movement’s Long Con to Capture the Courts: How Donald Trump and Mitch McConnell quietly installed hundreds of federal judges, waging an insidious war on the judicial branch bound to shape American life for decades to come — and not for the better.” Esquire magazine has posted online this essay adapted from Jackie Calmes’s new book, “Dissent: The Radicalization of the Republican Party and Its Capture of the Court.”
“The Importance of Teaching Dred Scott: By limiting discussion of the infamous Supreme Court decision, law-school professors risk minimizing the role of racism in American history.” Law professor Jeannie Suk Gersen has this post online at The New Yorker.
“California Gun Decision Opens Another Front in the Culture Wars”: Professor Austin Sarat has this essay online at Justia’s Verdict.
And online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Federal Judge Claims the COVID Vaccine Kills More People Than Mass Shootings Do; Judge Roger Benitez took inspiration from Tucker Carlson and Ho Chi Minh in his bizarre Second Amendment decision.”
“Conversations with the Sixth Circuit: An Interview with Judge Danny Boggs.” The Federalist Society has posted this video on YouTube.
“Detrimental Reliance and Stare Decisis; Insightful thoughts from Dean Vik Amar relevant to Ramos v. Louisiana”: Will Baude has this post at “The Volokh Conspiracy.”
“The Justice Department Will Keep Fighting To Defend Donald Trump In A Case Related To A Rape Allegation; Biden during the campaign had criticized DOJ’s effort to intervene in writer E. Jean Carroll’s defamation case against Trump”: Zoe Tillman of BuzzFeed News has this report.
“The truly worrying aspect of a federal judge’s ruling on assault weapons”: Columnist Ruth Marcus has this op-ed in today’s edition of The Washington Post.
“Senators ask Marshals Service for information on past Supreme Court justice travel”: John Fritze of USA Today has this report on a letter dated last Friday.
“Supreme Court Won’t Hear Case on Limiting Military Draft to Men; The justices had been asked to decide whether one of the last sex-based distinctions in federal law should survive now that women can serve in combat”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court won’t review male-only registration for the military draft.”
Brent Kendall of The Wall Street Journal reports that “Supreme Court to Consider State-Secrets Case Involving FBI Surveillance; High court separately declines to hear case challenging male-only registration for the military draft.”
John Fritze of USA Today reports that “Supreme Court declines to hear case questioning whether women must also register for the draft.”
And Alex Swoyer of The Washington Times has articles headlined “Supreme Court rejects case over drafting women in the military” and “Supreme Court to hear case on Muslim surveillance by government.”
Programming note: This morning, I will be presenting an appellate oral argument via remote video to a three-judge panel of the Superior Court of Pennsylvania. As a result, additional posts will not appear here until this afternoon.