“Second Circuit tosses price-fixing case against Chinese vitamin exporters; The court found for a second time that Chinese price-fixing mandates shielded exporters from private parties’ antitrust claims under U.S. law”: Andy Monserud of Courthouse News Service has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.

“Appeals panel revives North Dakota women’s hockey lawsuit”: Dave Kolpack of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Eighth Circuit issued today.

“Variety of Indiana abortion restrictions and requirements struck down by federal judge”: Johnny Magdaleno of The Indianapolis Star has this report.

And Tom Davies of The Associated Press reports that “Federal judge rules against several Indiana abortion laws.”

You can access today’s 158-page ruling of the U.S. District Court for the Southern District of Indiana at this link.

“8th Circuit court partially upholds Iowa’s 2012 ‘ag-gag’ law; a new lawsuit challenges the state’s 2021 statute”: William Morris of The Des Moines Register has this report.

Maya Earls of Bloomberg Law reports that “Iowa ‘Ag Gag’ Law Partially Upheld Despite Free Speech Concerns” (subscription required for full access).

And Rox Laird of Courthouse News Service reports that “Federal appeals court strikes down part of Iowa ‘ag gag’ law; An Eighth Circuit panel found the Hawkeye State’s law violates the First Amendment by making it a crime to lie on a job application to expose animal abuse in agricultural facilities.”

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.

“New appellate court nominee is veteran prosecutor, Hawaiian studies teacher”: Dan Nakaso of The Honolulu Star-Advertiser has this report.

And Jennifer Sinco Kelleher of The Associated Press reports that “Hawaiian prosecutor appointed to appeals court judge vacancy.”

Last Friday, the Office of Hawaii’s Governor issued a news release titled “Governor Ige appoints Sonja McCullen to Intermediate Court of Appeals.”

“AP Exclusive: Biden to tap Prelogar for solicitor general.” Aamer Madhani of The Associated Press has this report.

“Will the Supreme Court take on EPA’s climate rule?” Maxine Joselow and Niina H. Farah of Energywire have this report.

“Justices pick Wallace as congressional redistricting tiebreaker; Supreme Court sides with Democrats on 13th member of panel to draw new congressional districts”: David Wildstein of the New Jersey Globe has this report.

“Oklahoma Asks High Court to Nix Landmark Tribal-Land Ruling”: Jordan S. Rubin of Bloomberg Law has this report.

My earlier recent posts about this cert. petition appear here, here, and here.

“Interview: Rick Hasen.” Elise Spenner has this post at the “High School SCOTUS” blog.

“Founding-Era Common Law’s Relevance to Original Meaning”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

“Kansas Supreme Court to return to in-person oral arguments in September”: The Supreme Court of Kansas issued this news release today.

“New Split on Fugitive-Disentitlement Appeals; The Second Circuit split with the Sixth and Eleventh Circuits in holding that fugitive-disentitlement orders are immediately appealable via the collateral-order doctrine”: Bryan Lammon has this post at his “final decisions” blog about a decision that a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued last Thursday.

“Biden rushes to pick judges, but one major opening remains”: Pamela King of Greenwire has a report that begins, “More than six months into his term, President Biden has outstripped his predecessors on nominating judges, but one key vacancy on a powerful appeals court remains.”

“Dems’ unrelenting drive against Trump continues to do real harm to presidency, Constitution; Congress’s demands for documents and subpoenas could do lasting damage to the separation of powers”: John Eastman and law professor John Yoo have this essay online at Fox News.

“An Ohio judge ordered a man to get a Covid-19 vaccine as a condition of his probation”: Kay Jones and Amanda Watts of CNN have a report that begins, “An Ohio man says he will not get vaccinated despite a judge ordering him to get a Covid-19 vaccine shot as a condition of his probation.”

“In Skirt Case, Appeals Court Says Title IX Bars Dress Codes That Discriminate Based on Sex”: Mark Walsh of Education Week has this report (subscription may be required for full access) on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.

Update: In other coverage, Matthew Barakat of The Associated Press reports that “Appeals court gives mixed ruling on N.C. school’s dress code.”

“Bayer Loses Third Appeal of Roundup Herbicide Cancer Verdict”: Joel Rosenblatt and Jef Feeley of Bloomberg News have this report on a ruling that a partially divided three-judge panel of California’s First District Court of Appeal issued today.

The majority opinion affirms an award of punitive damages totaling nearly $70 million.

“White House Said to Vet Prelogar as Top Supreme Court Lawyer”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

“A Trump Judge Just Gave Brett Kavanaugh a New Way to Overturn Roe v. Wade Without Admitting It”: Mark Joseph Stern has this jurisprudence essay online at Slate.

“NYC’s vaccine mandate will test the authority of a 1905 Supreme Court case”: Alexis Keenan of Yahoo Finance has this report.

“Are Liberals to Blame for Our Crisis of Faith in Government? Progressives as well as conservatives have promoted suspicion of the establishment, but lack of trust is not the same as apathy.” Louis Menand has this “Books” essay in the August 16, 2021 issue of The New Yorker.

“Protecting public health from judicial arrogance; The groups lining up against the eviction moratorium are asking judges to disregard both the CDC’s public health judgments and the law”: Law professor Laurence H. Tribe has this essay online at The Boston Globe.

“Homeless outreach ordered to hire worker who opposes its principles goes to US Supreme Court”: John Bursch has this essay online at The Hill.

Bursch is counsel of record for the party asking the U.S. Supreme Court to agree to hear this case.

“The judge trying to upend California’s gun laws: ‘Blessed’ jurist or ‘stone-cold idealogue’?” In today’s edition of The Los Angeles Times, Laura J. Nelson and Kristina Davis have a front page article that begins, “For nearly two decades, U.S. District Judge Roger T. Benitez was a low-profile jurist handling routine immigration and drug cases in San Diego federal court. Then, in three consecutive years, the 70-year-old judge made a trio of rulings that have upended California’s gun laws and launched him into the intensifying national debate over guns.”

“Biden speeds ahead on installing judges”: Harper Neidig of The Hill has this report.

“As Democrats Seethed, White House Struggled to Contain Eviction Fallout; The president was surprised by the reaction to the White House’s decision to ask Congress to extend an eviction ban, leading to a 36-hour scramble to keep people in their homes”: Michael D. Shear, Glenn Thrush, Charlie Savage, and Alan Rappeport will have this article in Sunday’s edition of The New York Times.

Is your BigLaw firm pro-death penalty or anti-death penalty? The law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP has a reputation of supporting liberal causes, and its firm History webpage touts that “[t]he firm and its lawyers participated in efforts . . . to resist the death penalty by defending scores condemned to die and obtaining a historic victory in the U.S. Supreme Court forbidding execution of the mentally disabled.”

Perhaps that’s why some on Twitter have noted with surprise that Paul Weiss’s #SCOTUS superstar advocate (who frequently represents criminal defendants at the Court) is serving as counsel of record for the State of Oklahoma on its just-filed cert. petition seeking to overturn the U.S. Supreme Court‘s recent decision in McGirt v. Oklahoma, in a case in which that outcome would result in the re-imposition of a death sentence on the defendant in question (and presumably the re-imposition or retention of numerous other death sentences).

“Judicial Notice (08.07.21): ‘Discernibly Turgid’; A landmark Second Circuit nomination, an S&C partner turned GC, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

“Supreme Court decision could set off gerrymandering ‘arms race'”: John Kruzel of The Hill has this report.

“US Senate Confirms Longtime Public Defender Eunice Lee to 2nd Circuit Court of Appeals; Lee will be the second Black woman and the first former federal defender to sit on the U.S. 2nd Circuit Court of Appeals; Ex-prosecutors weighed in on behalf of her nomination to the court”: Jane Wester of New York Law Journal has this report.

This evening, the U.S. Senate confirmed Eunice C. Lee to the U.S. Court of Appeals for the Second Circuit by a vote of 50-to-47, with three Republican Senators not voting.

“Supreme Court Clerk Hiring Watch: Meet The October Term 2021 Clerk Class; Which law schools and feeder judges produced the most OT 2021 clerks?” David Lat has this post at his “Original Jurisdiction” Substack site.

“Antiabortion activists at Supreme Court cite an unlikely authority for overturning Roe v. Wade: Ruth Bader Ginsburg.” Robert Barnes of The Washington Post has this report.

“Pa. Justices Take Up 3rd Circ. Case Over Device Liability”: Matt Fair of Law360 has this report (subscription required for access) on an order that the Supreme Court of Pennsylvania issued yesterday on certified question from the U.S. Court of Appeals for the Third Circuit. I am quoted in the article in my capacity as appellate counsel for the plaintiff in the case.

“Supreme Court asked to block Indiana University’s COVID-19 vaccine mandate”: John Fritze of USA Today has this report.

And Ariane de Vogue of CNN reports that “Challenge to Indiana University vaccine mandate reaches Supreme Court.”

You can access today’s U.S. Supreme Court filing this link.