“Details on F.B.I. Inquiry Into Kavanaugh Draw Fire From Democrats; The F.B.I. said some of the 4,500 tips it received about Justice Brett Kavanaugh were given to the Trump White House, leading some Democrats to call the process a sham”: Kate Kelly of The New York Times has this report.
“As 7th Anniversary of Dan Markel’s Murder Passes, His Parents Still Hope To Reunite With Their Grandchildren”: Robbie Gaffney of WFSU has this report.
“The federal judiciary need not accept a prisoner’s self-diagnosed skepticism about the COVID-19 vaccines as an adequate explanation for remaining unvaccinated, when the responsible agencies all deem vaccination safe and effective.”: So explained Circuit Judge Frank H. Easterbrook in an opinion that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
Fourth Circuit panel divides over whether Shady Grove excuses a Federal Tort Claims Act claimant from having to comply with West Virginia’s certificate of merit requirement for a medical negligence claim: You can access yesterday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
“No More ‘Parker Immunity’ Appeals in the Eleventh Circuit; The en banc Eleventh Circuit overruled its precedent allowing appeals from rejections of antitrust’s state-action defense, which is often called Parker immunity”: Bryan Lammon has this post at his “final decisions” blog.
My earlier coverage of Tuesday’s en banc Eleventh Circuit ruling can be accessed here.
“10th Circuit Rejects Qualified Immunity Defense In Suit By Native American Inmates”: Howard Friedman has this post at his “Religion Clause” blog about a decision that the U.S. Court of Appeals for the Tenth Circuit issued yesterday.
“In Nearly All Other Democracies, This Is Not Normal”: Law professor Richard H. Pildes has this guest essay in today’s edition of The New York Times.
“U.S. Won’t Seek Death Penalty in 7 Cases, Signaling a Shift Under Biden; The decision not to seek the death penalty in federal cases around the country has raised defense lawyers’ hopes that the administration may end the practice”: Benjamin Weiser and Hailey Fuchs of The New York Times have this report.
“A Rule Against Fun”: At the “Jotwell” blog, Richard Re reviews law professor Nina Varsava‘s forthcoming law review article, titled “Professional Irresponsibility and Judicial Opinions,” in a post that begins:
In recent months, federal judicial opinions have criticized “schlocky Star Wars sequels” or called circuit case law “a hot mess.” They have fondly recalled “[w]hen painter-turned-inventor Samuel Morse sent the first telegraph message” or sarcastically used expressions like “presto!” or “voila.” And they have sustained decades-long criminal sentences by writing: “tl;dr . . . . we affirm the whole kit and caboodle.” In different ways, these opinions are having a bit of fun. And what could be wrong with that?
“Mask mandates violate religious liberty by hiding faces made in God’s image, Catholic school says”: Marisa Iati of The Washington Post has this preview of a case orally argued today (access the oral argument audio via this link) before a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit.
“Colorado Supreme Court tweaks rules for judges to more explicitly prohibit retaliation, harassment; Changes to Code of Judicial Conduct come after current, former employees sad they faced pervasive sexism”: Shelly Bradbury of The Denver Post has this report.
“Clarence Thomas Is the new Chief Justice”: Jeffrey Toobin has this essay online at CNN.
The U.S. Court of Appeals for the Tenth Circuit has redesigned its website: You can access that court’s new home page at this link.
“Amazon must pay Pennsylvania warehouse workers for time spent waiting for security screening, state Supreme Court rules”: Peter Hall of The Morning Call of Allentown, Pennsylvania has this report.
Daniel Wiessner of Reuters has a report headlined “Amazon workers must be paid for security checks — Penn. top court.”
And Kathleen Dailey of Bloomberg Law reports that “Amazon Loses Security-Check Pay Suit at Pennsylvania High Court.”
Today’s ruling of the Supreme Court of Pennsylvania, on certified questions from the U.S. Court of Appeals for the Sixth Circuit, consists of a majority opinion and two dissenting opinions (here and here).
“When Does Government Act Through Private Actors? Texas Private Attorney General Enforcement Against Abortion Providers & Trump’s Suits Against Big Tech.” Michael C. Dorf has this post at his blog, “Dorf on Law.”
“Pennsylvania Supreme Court reverses decision allowing childhood sex abuse victims to sue for decades old abuse”: Peter Hall of The Morning Call of Allentown, Pennsylvania has this report.
Ed Palattella of The Erie Times-News reports that “PA Supreme Court ruling sets back victims, spares Erie diocese from slew of lawsuits; A state Supreme Court ruling that favors Catholic Diocese of Altoona-Johnstown is blow to clergy abuse victims; Ruling benefits Diocese of Erie, others facing prospect of costly lawsuits.”
Mark Scolforo of The Associated Press reports that “Justices deal blow to outdated claims of child sexual abuse.”
And Alexandra Jones of Courthouse News Service reports that “Pennsylvania High Court Bars Catholic Clergy Assault Case; The state’s high court dismissed a case Wednesday, stating that the sexual abuse in question happened outside the statute of limitations.”
Today’s ruling of the Supreme Court of Pennsylvania consists of a majority opinion, a concurring opinion, and a dissenting opinion.
“2nd Circuit Throws Out Section 230 Challenge After Granting Rehearing in Pastor’s Suit Against Vimeo; The new ruling clarified the court’s original decision, but did not alter the underlying holding that Vimeo was protected by Section 230 of the Communications Decency Act”: Tom McParland of the New York Law Journal has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today on panel rehearing.
And online at The Wall Street Journal, Allysia Finley has an essay that was written before today’s decision issued titled “Does Section 230 Have Limits? An appeals court takes a second look at whether the law protects Big Tech from discrimination claims.”
“Appeals Court Says Streamers Must Fight Tax Battle in State Court; Netflix and Disney suffer a setback at the 7th Circuit as Indiana cities pursue video service franchise fees”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
“She Hates Biden. Some of Her Neighbors Hate the Way She Shows It. A local judge ordered a New Jersey woman to take down political banners over obscenity complaints, setting up a First Amendment fight.” Ed Shanahan of The New York Times has this report.
“SmileDirectClub Gets Big Victory in Dental-Board Challenge”: Mike Leonard of Bloomberg Law has this report (subscription required for full access) on an en banc ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
“Connecticut Top Court Asked to Clarify Law in Bausch & Lomb Case”: Julie Steinberg of Bloomberg Law has this report (subscription required for full access) on a decision that the U.S. Court of Appeals for the Second Circuit issued yesterday certifying two questions to the Supreme Court of Connecticut for resolution.
“An appeals court tosses a G.O.P. lawsuit against Pelosi over House proxy voting”: Nicholas Fandos of The New York Times has this report.
Alex Swoyer of The Washington Times reports that “Federal court rejects GOP lawsuit against Nancy Pelosi’s proxy voting in House.”
And Mychael Schnell of The Hill reports that “Court dismisses GOP suit over proxy voting in House.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
“D.C. Circuit upholds FDA cigar and pipe tobacco regulation, user fees”: Brendan Pierson of Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.
“10th Circuit declines to name international travel a fundamental right while upholding tax law”: Michael Karlik of Colorado Politics has this report online at The Gazette of Colorado Springs.
And Maeve Allsup of Bloomberg Law reports that “U.S. Passports Can Be Revoked Over Tax Debt, Appeals Court Rules.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Tenth Circuit, in which two different judges wrote parts of the opinion of the court, at this link.
“Democrats Are Still Battling Themselves on Court Reform; The third public meeting of Biden’s Supreme Court commission showed that the biggest rift is between the institutionalists and the reformers”: Dahlia Lithwick has this jurisprudence essay online at Slate.
“Toby Heytens — Nominee to the U.S. Court of Appeals for the Fourth Circuit”: Harsh Voruganti has this post at his “The Vetting Room” blog.
“SCOTUS’ 2021 Ford decision dooms dismissal bid by ex-Girardi lawyer”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Supreme Court lawyers tell Biden’s commission they oppose packing the court”: Alex Swoyer of The Washington Times has this report.
And Tyler Olson of Fox News reports that “Court-packing supporters tell Biden Supreme Court commission ‘democracy is under assault’ by justices; Conservatives, meanwhile, said Dems’ court-packing threats are ‘dangerous’ and would ‘destroy’ court.”
“Justice Stephen Breyer remaining on the Supreme Court is a gamble; It’s the same play that Ruth Bader Ginsburg made — but he’s sure it’ll turn out different”: Columnist Chris Geidner has this essay online at MSNBC.
“Federal judge blocks Arkansas law banning most abortions”: Andrew DeMillo of The Associated Press has this report.
Update: You can access the ruling of the U.S. District Court for the Eastern District of Arkansas at this link (via Courthouse News Service).
“Social conservatives ‘frustrated’ over Trump Supreme Court justices’ rulings; Pence touts justices, but line gets a ‘golf clap, not a roaring applause’ from activists in Iowa”: Paul Steinhauser of Fox News has this report.
“Kemp appoints Colvin to fill vacancy on Georgia Supreme Court”: Bill Rankin and Greg Bluestein of The Atlanta Journal-Constitution have this report.
Today, the office of Governor Brian P. Kemp of Georgia issued a news release titled “Governor Kemp Announces Six Judicial Appointments.”
“5th Circuit underscores privilege rights of corporate defendants raided by DOJ”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post about an unpublished opinion that the U.S. Court of Appeals for the Fifth Circuit issued last Thursday.
“18-year-olds shouldn’t have the right to buy guns”: This editorial appears in today’s edition of The Los Angeles Times.
“Professor-Heavy SCOTUS Commission Leaves Out ‘Real-Life’ People”: Tiana Headley, Madison Alder, and Kimberly Strawbridge Robinson of Bloomberg Law have this report.