“State asks U.S. Supreme Court to overturn landmark McGirt decision”: Barbara Hoberock of The Tulsa World has this report.
And at “The Volokh Conspiracy,” Josh Blackman has a post titled “Oklahoma Asks Justice Barrett To Overrule McGirt; Will ACB cast the fifth vote to return Tulsa to Oklahoma?“
“Rehnquist’s Reservations and the Future of Roe; Justice Rehnquist’s dissent provides a possible roadmap for the Supreme Court in Dobbs v. Jackson Women’s Health Organization“: Richard W. Garnett has this post at the “Law & Liberty” blog.
“Can the Ivy League continue to ban athletic scholarships? A Supreme Court ruling has some wondering. Two Penn grads, both attorneys, wrote to the league connecting the ban on scholarships to a denial of education-related benefits.” Mike Jensen of The Philadelphia Inquirer has this report.
“Covid-19 Threatens to Blow Up Law Firms’ Intense Office Culture — for Good; Lawyers have spent more time in the office than many other professionals during the pandemic; Now they’re demanding more work from home”: Te-Ping Chen will have this article in Saturday’s edition of The Wall Street Journal.
“Why I’m Suing Over My Employer’s Vaccine Mandate: I have natural immunity, so there’s no justification for a coercive violation of my bodily autonomy.” Law professor Todd Zywicki will have this op-ed in Saturday’s edition of The Wall Street Journal.
“Georgia Supreme Court returns to remote hearings amid COVID-19 surge”: Bill Rankin of The Atlanta Journal-Constitution has an article that begins, “With delta variant COVID-19 cases surging, the Georgia Supreme Court has scrapped plans to have in-person oral arguments later this month. Instead, the court’s arguments scheduled for Aug. 24-26 will be conducted remotely.”
You can view yesterday’s announcement of the Supreme Court of Georgia at this link.
“Oklahoma attorney general urges Supreme Court to overturn McGirt”: Chris Casteel of The Oklahoman has this report. Kannon K. Shanmugam appears as counsel of record for Oklahoma on the cert. petition.
In related coverage, Chris Casteel of The Oklahoman also has an article headlined “Patrick Dwayne Murphy, whose case led to McGirt decision, found guilty in federal court.”
In today’s edition of The Tulsa World, Curtis Killman has a front page article headlined “One of first cases overturned on tribal jurisdiction grounds results in federal conviction.”
And Sean Murphy of The Associated Press reports that “Man whose case led to landmark ruling reconvicted by feds.”
Access online the contents of the new issue of the Journal of Appellate Practice and Process: Via this link.
According to the email I received, “[t]his double-length special issue is dedicated to what lawyers and judges can do to help ease our country’s deep divisions along racial, ethnic, religious, political, and socio-economic lines.”
“Biden told White House chief to seek Harvard legal scholar’s guidance, leading to reversal on evictions; Ron Klain consulted with Laurence Tribe about the legality of a new eviction moratorium, helping to bring about a dramatic White House pivot”: Jeff Stein has this article in today’s edition of The Washington Post.
“Tennessee’s 48-hour abortion waiting period upheld by full U.S. 6th Circuit Court of Appeals”: Mariah Timms of The Tennessean has this report.
Alex Swoyer of The Washington Times reports that “Federal appeals court upholds Tennessee law requiring 48-hour wait before abortions.”
Kimberlee Kruesi of The Associated Press reports that “Appeals court upholds Tennessee’s abortion waiting-period.”
Brendan Pierson of Reuters reports that “Tennessee can enforce abortion waiting-period law, 6th Circuit rules.”
And Kevin Koeninger of Courthouse News Service reports that “Full Sixth Circuit upholds Tennessee abortion waiting period; The court’s majority found a Tennessee law that requires women to wait two days before they can get an abortion is not a substantial obstacle to most women seeking the procedure.”
You can access today’s 9-to-7 en banc ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
“It is time for Congress to act again to protect the right to vote”: U.S. Attorney General Merrick B. Garland has this essay online at The Washington Post.
“L.A. County court to staff: Get vaccinated or get fired.” Matt Hamilton of The Los Angeles Times has an article that begins, “Los Angeles County’s Superior Court, the nation’s largest trial court system, told employees Thursday they must promptly get fully vaccinated once a coronavirus vaccine receives final government approval, or face termination.”
“The Supreme Court Might Strike Down Biden’s Eviction Ban. It Shouldn’t.” Law professor Adam Winkler has this guest essay online at The New York Times.
“Biden taps VT Supreme Court Justice Beth Robinson as nominee for the U.S. Court of Appeals”: Ethan Bakuli of The Burlington (Vt.) Free Press has this report.
“Biden’s New Second Circuit, District Picks Include LGBT Firsts”: Madison Alder of Bloomberg Law has this report.
And Jennifer Bendery of HuffPost reports that “Biden Includes Historic LGBTQ Pick In Latest Judicial Nominees; If confirmed, Beth Robinson would become the first openly LGBTQ woman to ever serve on any U.S. appeals court.”
The White House today issued a news release titled “President Biden Names Sixth Round of Judicial Nominees.”
“He is one of only 39 detainees left at Guantanamo. Once tortured, prisoner’s case is a test of larger political realities at play.” Daniel A. Medina of CNN has this report.
“Direct purchaser class decertified in Zetia pay-for-delay suit”: Brendan Pierson of Reuters has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
At issue in the case is whether a class consisting of 35 potential plaintiffs satisfies the numerosity requirement of Federal Rule of Civil Procedure 23(a)(1), governing the certification of class actions.
“Judge Theodore McKee Taking Senior Status, Giving Biden His First Vacancy on 3rd Circuit; McKee was nominated to the judiciary in 1994 by former President Bill Clinton”: Avalon Zoppo of The National Law Journal has this report.
“Appellate judges uphold Maryland beach town’s topless ban”: Matthew Barakat of The Associated Press has this report.
And Brad Kutner of Courthouse News Service reports that “Fourth Circuit upholds Ocean City ban on topless women; While a three-judge panel upheld the city’s ordinance banning female toplessness at local beaches, a concurring opinion questions the precedent the court admitted it was bound by.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
“En banc 9th Circuit takes up certification of classes with uninjured plaintiffs”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Real estate groups ask federal court to block enforcement of CDC’s new eviction moratorium”: John Fritze of USA Today has this report.
Mark Sherman, Jessica Gresko, and Joshua Boak of The Associated Press report that “Biden’s new evictions moratorium faces legality doubts.”
And Ariane de Vogue of CNN has a report headlined “What the Supreme Court and lower courts have (and have not) said about the eviction moratorium.”
“How Biden’s Supreme Court throwdown could backfire: With candor he might come to regret, the president acknowledged the court’s conservative majority could reject his revised eviction ban.” Josh Gerstein of Politico has this report.
“Law professor sues George Mason University, challenging covid vaccine mandate”: Susan Svrluga of The Washington Post has this report.
“Legal Battle Looms Over New Eviction Moratorium; Biden administration faces high legal hurdles in pressing for new ban without legislation to back it up”: Brent Kendall of The Wall Street Journal has this report.
“Roe and Our Contested Rights Regime: If progressivism actually is marching onward throughout the country, why are advocates of Roe so nervous about it being overturned?” Greg Weiner has this post at the “Law & Liberty” blog.
“Biden’s Rebuff to Supreme Court on Eviction Ban Will Backfire; It’s not only bad constitutional law; It’s bad constitutional politics to spurn Justice Kavanaugh’s sensible judgment”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Federal Murder Trial Begins For Man At Center Of Supreme Court Ruling On Tribal Jurisdiction”: Amelia Mugavero of News on 6 in Tulsa, Oklahoma has this report.
“George Mason University Law Professor Challenges Covid-19 Policy”: Brian Flood of Bloomberg Law has this report on an action filed yesterday in the U.S. District Court for the Eastern District of Virginia.
“New national Marquette Law School Poll finds public approval of the Supreme Court to be high, partisanship to shape views of justices and decisions”: Marquette University Law School issued this news release yesterday. You can access the detailed results of the poll via this link.
“Back to Court; Back to School.” Michael C. Dorf has this post at his “Dorf on Law” blog discussing his essay today at Justia’s Verdict titled “Improve the Supreme Court by Making it Less and More Like Elementary School.”
“Biden rebuffs left on Breyer”: Jonathan Swan of Axios has this report.
“Remote moots: Preparing to argue at the Supreme Court by phone.” Debbie Shrager has this post at “SCOTUSblog.”
“DOJ will argue at SCOTUS against U.S. discovery in private foreign arbitration”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Anaheim Liable for Loss of Life Damages Over Police Chokehold”: Mary Anne Pazanowski of Bloomberg Law has this report (subscription required for full access) on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
This time, the Eighth Circuit holds that appealing from one non-existent court to another non-existent court isn’t a fatal defect: You can access yesterday’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
According to yesterday’s ruling, the relevant distinctions between yesterday’s decision and a recent, earlier ruling dismissing an appeal due to defects in the notice of appeal were that the appellants “appealed from a real and specific order[, and the] notice of appeal . . . properly named the parties in the caption.”