“Remembering a Judge Who Wrote With Empathy”: Online at Bloomberg Law, law professor Jonah Perlin has an essay that begins, “The nation has lost one of its finest and most respected jurists, Judge Robert Katzmann of the U.S. Court of Appeals for the Second Circuit.”
Congratulations to Rick Hasen on his newly redesigned “Election Law Blog”: You can see the new design via this link.
“Schools Weigh Discipline After Supreme Court Ruling on Student Speech; Court says most off-campus speech online is protected, but the bar for punishable social-media behavior remains blurry”: Yoree Koh and Ray A. Smith of The Wall Street Journal have this report.
“Supreme Court allows coronavirus eviction moratorium to remain in place”: Ariane de Vogue of CNN has this report on a 5-to-4 order that the U.S. Supreme Court issued this evening.
“Oklahoma Bar Sees Constitutional Challenge to Dues Reinstated”: Holly Barker of Bloomberg Law has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.
“En banc 4th Circ adopts lower bar for child asylum applicants”: Daniel Wiessner of Reuters has this report on a 9-to-6 en banc ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
First Circuit agrees that the plaintiffs lack standing in lawsuit seeking to establish that the Equal Rights Amendment is now part of the U.S. Constitution: You can access today’s ruling of the U.S. Court of Appeals for the First Circuit at this link.
“The Seventh Circuit and Appeal Extensions for Excusable Neglect; The Seventh Circuit recognized its caselaw on reviewing Rule 4(a)(5)(A) excusable-neglect determinations is ‘messy,’ and future cases might present some hard questions”: Bryan Lammon has this post at his “final decisions” blog discussing a per curiam decision that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
“Repudiating Roe (Part I): The Most Important Abortion Case in Thirty Years.” Law professor Michael Stokes Paulsen has this essay online at Public Discourse.
“Breyer Watch Comes to Crescendo as Justices End Term July 1”: Kimberly Strawbridge Robinson of Bloomberg Law has this report (subscription required for full access).
“What’s Dividing the Supreme Court’s Conservatives? Kavanaugh and Barrett appear to understand the importance of George Floyd. Alito, Thomas and Gorsuch don’t appear to care.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Supreme Court defies critics with wave of unanimous decisions; Chief Justice John Roberts is credited with fostering consensus on high court”: Devin Dwyer of ABC News has a report that begins, “The opening term of the most conservative Supreme Court in a generation was supposed to bring an eruption of pent-up ideological rage. Instead, it’s closing with astonishing bonhomie.”
“The Supreme Court will issue its final opinions of the term Thursday. Here are the two major cases.” Ariane de Vogue and Chandelis Duster of CNN have this report.
Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in three argued cases.
1. Justice Elena Kagan delivered the opinion of the Court in Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440. Justice Samuel A. Alito, Jr. issued a dissenting opinion. And Justice Amy Coney Barrett issued a dissenting opinion, in which Justices Clarence Thomas and Neil M. Gorsuch joined. You can access the oral argument via this link.
2. Justice Alito delivered the opinion of the Court (except as to a single footnote) in Johnson v. Guzman Chavez, No. 19-897. Justice Thomas issued an opinion, in which Justice Gorsuch joined, concurring in all but a single footnote and concurring in the judgment. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Sonia Sotomayor and Kagan joined. You can access the oral argument via this link.
3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in PennEast Pipeline Co. v. New Jersey, No. 19-1039. Justice Gorsuch issued a dissenting opinion, in which Justice Thomas joined. And Justice Barrett issued a dissenting opinion, in which Justices Thomas, Kagan, and Gorsuch joined. You can access the oral argument via this link.
“Fulton‘s Revival of Religious Exemptions; Smith remains good law; Yet Fulton appears to have rewritten its meaning”: Seana Sugrue has this post at the “Law & Liberty” blog.
“The Devil and Garry Wills”: Kevin D. Williamson has this post online at National Review.
“Supreme Court revives lawsuit alleging excessive force in death of man cuffed and shackled”: Robert Barnes and Ann E. Marimow have this article in today’s edition of The Washington Post.
In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Supreme Court orders lower courts to review St. Louis police use-of-force case.”
In today’s edition of The Wall Street Journal, Jess Bravin and Brent Kendall have an article headlined “Supreme Court Revives Wrongful Death Suit Against St. Louis Police; Justices also sidestep cases on work-from-home taxes, marijuana.”
John Fritze of USA Today reports that “Supreme Court returns St. Louis excessive force case involving death in jail to lower court.”
In today’s edition of The St. Louis Post-Dispatch, Joel Currier has an article headlined “Supreme Court ruling revives lawsuit over man’s death in St. Louis police holding cell.”
Jessica Gresko of The Associated Press reports that “Supreme Court revives St. Louis police in-custody death case.”
Andrew Chung and Lawrence Hurley of Reuters report that “U.S. Supreme Court revives excessive-force suit against St. Louis police.”
Pete Williams of NBC News reports that “Supreme Court lets lawsuit continue in death of man detained in prone position.”
Ariane de Vogue of CNN reports that “Supreme Court revives case about man’s death in police custody.”
Josh Gerstein of Politico reports that “Justices object as Supreme Court turns back police abuse case; Three high court members fault colleagues for being ‘unwilling’ to make tough call on suit brought over use of ‘prone restraint.’”
And Alexandra Jones of Courthouse News Service reports that “High Court Revives Excessive Force Case Against St. Louis Police; The Supreme Court vacated a ruling that found officers acted appropriately in restraining an inmate who died and sent the case back to the Eighth Circuit.”
“Breyer watch intensifies as Supreme Court term nears its close”: Joan Biskupic of CNN has this report.
“3rd Circ. Asks Pa. Justices To Take Up Device Liability Row”: Matt Fair of Law360 has this report (subscription required for access) on last Thursday’s order of the U.S. Court of Appeals for the Third Circuit certifying two important but unresolved issues of Pennsylvania law to the Supreme Court of Pennsylvania for resolution.
I am appellate counsel for the plaintiff-appellant in this case and am quoted in the article.