“Supreme Court won’t block Texas abortion law but grants expedited review for Nov. 1”: Robert Barnes of The Washington Post has this report.
Adam Liptak of The New York Times reports that “Supreme Court Again Refuses to Block Texas Abortion Law; But the court said it would hear arguments on Nov. 1 on challenges to the law from the Biden administration and abortion providers in the state.”
David G. Savage of The Los Angeles Times reports that “Supreme Court refuses again to block Texas abortion law.”
Brent Kendall of The Wall Street Journal reports that “Supreme Court Agrees to Quick Consideration of Texas Abortion Case; Court will hear oral arguments on Nov. 1.”
And Alex Swoyer of The Washington Times reports that “Supreme Court won’t block Texas fetal heartbeat law, will hear DOJ’s case.”
You can access here and here today’s orders of the U.S. Supreme Court.
“Judge Pick Who Opposed Kavanaugh Draws Senate Panel Deadlock”: Madison Alder of Bloomberg Law has a report that begins, “A Biden selection for the nation’s largest federal appeals court who drew Republican ire for her criticism of Brett Kavanaugh failed to advance out of the Senate Judiciary Committee, delaying the nomination for now.”
“Justice Thomas Thanks His ‘Angels in a Very Dark Dark Time’ While Speaking at 30th Anniversary Event; ‘Thirty years makes one stop and look back and reflect more with gratitude than a sense of accomplishment,’ Thomas said during the event”: Marcia Coyle of The National Law Journal has this report.
“Texas Urges Supreme Court to Leave Its Restrictive Abortion Law in Place; The Biden administration had asked the court to block the law; State officials called the request procedurally flawed, saying the court was powerless to grant it”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Texas says Supreme Court should leave in place controversial abortion law.”
David G. Savage of The Los Angeles Times reports that “Texas urges Supreme Court to reject new challenge to its strict abortion law.”
Alex Swoyer of The Washington Times reports that “Texas asks Supreme Court not to block its fetal heartbeat abortion law.”
Andrew Chung of Reuters reports that “Texas targets Roe v. Wade, urges U.S. Supreme Court to maintain abortion ban.”
Greg Stohr of Bloomberg News reports that “Texas Urges Supreme Court to Leave Six-Week Abortion Ban Intact.”
Ariane de Vogue of CNN reports that “Texas attorney general urges Supreme Court to allow controversial abortion law to remain in effect as challenges play out.”
John Kruzel of The Hill reports that “Texas urges Supreme Court to leave 6-week abortion ban intact.”
Reese Oxner of The Texas Tribune reports that “Texas urges U.S. Supreme Court to allow near-total abortion ban to stand as Biden administration lawsuit unfolds; The U.S. Department of Justice asked the U.S. Supreme Court to step in on the ongoing case, but Texas argues that the federal government lacks the standing necessary to overturn the law.”
And Kelsey Reichmann of Courthouse News Service reports that “Texas asks Supreme Court to keep abortion ban in place; If the high court decides to take up the merits of the Biden administration’s challenge, Texas says it should use the opportunity to overturn Roe v. Wade.”
You can access the State of Texas’ two related U.S. Supreme Court filings from earlier today here and here.
“Republicans Turn Judicial Nominee’s Hearing Into Transphobic Spectacle; GOP senators took turns making false and offensive claims about ‘a male wearing a skirt’ involved in a Virginia sexual assault case”: Jennifer Bendery of HuffPost has this report.
You can view the video of today’s U.S. Senate Judiciary Committee confirmation hearing for judicial nominees via this link.
“The Supreme Court Is an International Embarrassment; A high court this powerful has to be more representative of the people whose lives it governs”: Elie Mystal has this post at Balls and Strikes.
“Equity in United States v. Texas, Part 3”: Samuel Bray has this post at “The Volokh Conspiracy.”
“A new normal at the Supreme Court”: Shay Dvoretzky and Emily Kennedy have this essay online at Reuters.
“Why Did the Supreme Court Stop This Execution?” Linda Greenhouse has this essay online at The New York Times.
“A politicized Supreme Court? That was the point.” Law professor Steven Lubet has this essay online at The Hill.
“Fight over Pa. school mask mandate gets a day in court”: David Wenner of The Patriot-News of Harrisburg, Pennsylvania has this report.
“Solid majority believes Supreme Court rulings based more on politics than law”: John Kruzel of The Hill has this report.
“Appeals court tosses order aimed at protecting immigration detainees from COVID-19”: Maura Dolan of The Los Angeles Times has this report on a 109-page ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
“The Supreme Court floats a startling expansion to police immunity from the law; A new opinion suggests that ‘qualified immunity’ could become something much closer to absolute immunity from lawsuits”: Ian Millhiser has this essay online at Vox.
“En banc 4th Circuit will review skirts-only dress code for charter school girls”: Alison Frankel of Reuters has this report on an order granting rehearing en banc that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
You can access at this link the now-vacated ruling in this case of the original partially divided three-judge panel.
“John Eastman Is Not a Victim of Cancel Culture; Trying to overthrow a democratic election is categorically different from holding an unpopular opinion”: Jeremy B. Rosen has this essay online at The Atlantic.
“The Supreme Court’s Conservative Revolution Is Already Happening; The conservative justices’ fight over how fast — and far — to move the court to the right”: Amelia Thomson-DeVeaux and Laura Bronner of FiveThirtyEight have this report.
“Federal court deals another blow to Maine workers challenging vaccine mandate; The U.S. Supreme Court could still weigh in”: Megan Gray of The Portland Press Herald has this report on a ruling that the U.S. Court of Appeals for the First Circuit issued yesterday evening.
“Supreme Court just doubled down on flawed qualified immunity rule. Why that matters. Police don’t know the law, and SCOTUS sticks to bizarre rule that there must be nearly identical facts to recover for constitutional violations.” Law professor Joanna Schwartz has this essay online at USA Today.
“Equity in United States v. Texas”: Samuel Bray has begun a series of posts on this subject at “The Volokh Conspiracy.” Thus far, you can access parts one and two.
“A top 10 list for the justices’ return to the courtroom”: Mark Walsh is Amy Howe’s guest on the new installment of the “SCOTUStalk” podcast from “SCOTUSblog.”
“If Changing Judges Changes Law, Is the Supreme Court a Court of Law?” Eric Segall has this blog post at “Dorf on Law.”
News concerning the 2021 AJEI Summit in Austin, Texas: According to today’s update sent to registered attendees, which just arrived via email:
After careful consideration by AJEI’s leadership, we believe it prudent to follow the ABA’s revised COVID meeting policy at the Summit.
As a result, all registered attendees and panelists, as well as anyone who later registers for the Summit, will be asked at check-in to provide proof of full COVID vaccination or a negative COVID test [taken within 3 days of their arrival at the meeting].
This year’s AJEI Summit will take place from Thursday, November 11 through Sunday, November 14.
“Supreme Court Term Limits Are Not Going to Cut It; The Biden commission’s tentative support for Supreme Court term limits sound nice; They would also do nothing to address the immediate legitimacy crisis”: Jay Willis has this post at Balls and Strikes.
“Progressive Court-Packing Meltdown; The Justices shouldn’t be intimidated by an impotent commission”: This editorial appears in today’s edition of The Wall Street Journal.
“US Supreme Court to hear Ysleta del Sur Pueblo gambling case in fight against Texas”: Anthony Jackson of The El Paso Times has this report.
“The Wild Card That Could Put Court Packing Back on the Table; If five conservative justices overturn Roe v. Wade, Biden and Democratic leaders might not have a choice but to support increasing the size of the court”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Another abortion challenge for John Roberts and the Supreme Court”: Joan Biskupic of CNN has this news analysis.
Programming note: On Tuesday morning, I will be presenting oral argument in two related appeals to a three-judge panel of the Superior Court of Pennsylvania at a special sitting at the Tioga County Court House in Wellsboro, Pennsylvania (depicted here in my tweet from earlier today). As a result, additional posts will not appear here until Tuesday afternoon or evening.
This will be my first in-person appellate oral argument since early March 2020. (That appeal, after a bit of a wait, thankfully had a favorable outcome for my client.)
“University of North Carolina Can Keep Affirmative Action, Judge Rules; Students for Fair Admissions vowed to immediately appeal in a case that appears destined for the Supreme Court”: Stephanie Saul of The New York Times has this report.
“Once Again, the Most Important Supreme Court Term Ever; ‘Momentous’ has been used repeatedly for more than a century to describe each new session as justices weigh issues that resonate in their time”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.
“Justice Department Asks Supreme Court to Block Texas Abortion Law; Saying the law is ‘plainly unconstitutional,’ the department also asked the court to add the case to its docket in its current term”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Justice Department asks Supreme Court to stop Texas abortion law.”
David G. Savage of The Los Angeles Times reports that “Justice Department urges Supreme Court to suspend Texas abortion law.”
Brent Kendall of The Wall Street Journal reports that “Justice Departments Asks Supreme Court to Block Texas Abortion Law; Government’s emergency appeal forces high court to confront Texas ban on most abortions for second time in a matter of weeks.”
John Fritze of USA Today has a report headlined “Texas’ six-week abortion ban: Biden administration takes case back to Supreme Court.”
Emily Zantow and Alex Swoyer of The Washington Times report that “Justice Department asks Supreme Court to block Texas abortion law.”
Mark Sherman of The Associated Press reports that “Biden team asks Supreme Court to pause Texas abortion law.”
Andrew Chung and Lawrence Hurley of Reuters report that “Biden administration asks U.S. Supreme Court to block Texas abortion law.”
Greg Stohr of Bloomberg News reports that “Justice Department Asks Supreme Court to Lift Texas Abortion Ban.”
Pete Williams of NBC News reports that “Justice Department asks Supreme Court to block Texas abortion law; It’s the second challenge of the law to reach the court on an emergency appeal.”
Ariane de Vogue of CNN reports that “Justice Department asks Supreme Court to block Texas’ 6-week abortion ban.”
Harper Neidig of The Hill reports that “Justice formally asks Supreme Court to block ‘plainly unconstitutional’ Texas abortion law.”
And Erik De La Garza of Courthouse News Service reports that “Biden DOJ formally asks Supreme Court to block Texas abortion law; It is the third time the nation’s highest court has been asked to step in and block Texas’ near-total abortion ban.”
The U.S. Department of Justice today filed this Application to Vacate Stay of Preliminary Injunction in the U.S. Supreme Court.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in two new cases.
In addition, the Court issued two per curiam opinions summarily and unanimously reversing denials of qualified immunity, one from the Ninth Circuit and the other from the Tenth Circuit.
“A Century-Long ‘Reign of Error’ for a Supreme Court Typo; A sweeping statement in a 1928 opinion about property rights was revised soon after it was issued; But the error lived on”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times about a forthcoming law review article, titled “A Reign of Error: Property Rights and Stare Decisis,” by law professor Michael Allan Wolf.
“Biden’s Supreme Court commission has good ideas. But the court’s problems run deeper.” Columnist Jennifer Rubin has this essay online at The Washington Post.
