“The Itchy Trigger Finger of Clarence Thomas; Justice Clarence Thomas will play a key role in how the Court decides Bruen, its latest Second Amendment case; The outcome will likely be disastrous for Black Americans and members of other marginalized communities”: Shaun Ossei-Owusu has this post at Balls and Strikes.
“The Texas Abortion Law’s Defenders Take Their Trickery to the Supreme Court; Inside a specious — and flat-out bonkers — line of reasoning to shield S.B. 8 from judicial review”: Law professor Garrett Epps has this essay online at Washington Monthly.
“Tribe’s Trajectory & LGBTQ Rights”: Joshua Matz has this essay in the November 2021 issue of The University of Chicago Law Review.
“The Supreme Court has abdicated its duty to the Bill of Rights”: Online at The Washington Post, columnist Radley Balko has an essay that begins, “The Supreme Court, having created the problem of qualified immunity to shield police from being held liable for their misconduct, keeps refusing to fix it.”
“The Supreme Court Wonders Where the Texas Abortion Law Might Lead; In order to trample on reproductive rights, S.B. 8 tramples on all rights”: Amy Davidson Sorkin has this post online at The New Yorker.
“No, Really, the Right to an Abortion Is Supported by the Text and History of the Constitution; If the Supreme Court overturns Roe, it will betray the Fourteenth Amendment’s promise of bodily autonomy”: David H. Gans has this essay online at The Atlantic.
“Biden announces new round of judicial nominees; White House touts diversity”: Alex Swoyer of The Washington Times has this report.
Blake Brittain of Reuters reports that “Biden chooses Delaware judge Stark as second Fed Circ. nominee.”
And Perry Cooper of Bloomberg Law reports that “Stark Brings Extensive Patent Experience to Federal Circuit.”
“Kamala Harris Breaks Senate Deadlock on Biden Judicial Pick”: Madison Alder of Bloomberg Law has a report that begins, “Vice President Kamala Harris cast a tie-breaking vote to advance the nomination of Jennifer Sung to the largest federal appeals court, avoiding a setback for Democrats in their accelerated effort to confirm judicial picks.”
You can view the U.S. Senate‘s official roll call vote tally at this link.
“General Prelogar — There was some suspense at the Supreme Court when new Solicitor General Elizabeth Prelogar took to the lectern for her first appearance: Would she be called General Prelogar?” Tony Mauro has this post at his “The Marble Palace Blog.”
“Ohio GOP lawmakers introduce Texas-style abortion ban bill”: Jeremy Pelzer of The Cleveland Plain Dealer has an article that begins, “Ohio Republican lawmakers introduced legislation Tuesday that would ban all abortions in Ohio — going further than the Texas anti-abortion law argued before the U.S. Supreme Court Monday.”
“Do Gun Rights Depend on Abortion Rights? That’s Now Up to the Supreme Court.” Linda Greenhouse has this essay online at The New York Times.
And at “The Volokh Conspiracy,” Josh Blackman has a post titled “Guns, Terms, and Deals; Deciding NYS Rifle & Pistol and Dobbs in the same term.”
“Canada’s Supreme Court hears case on alleged condom deception”: Maite Fernández Simon of The Washington Post has this report.
Catharine Tunney of CBC News reports that “Top court reviewing case involving condom use and consent; Case involves man who allegedly ignored request to wear condom during sex.”
The Supreme Court of Canada has posted online this summary of the case.
“In Mike Ward’s case, the SCC was one vote away from setting a disturbing new free speech precedent”: Columnist Robyn Urback has this essay online at The Toronto Globe and Mail.
“Indiana Supreme Court justice retiring next year”: Dan Carden of The Times of Munster, Indiana has this report.
And Olivia Covington of The Indiana Lawyer reports that “Indiana Supreme Court Justice David announces 2022 retirement.”
“This Is the Shadiest Part of the Supreme Court”: Law professor Barry P. McDonald has this guest essay online at The New York Times.
McDonald has posted at SSRN his forthcoming law review article titled “SCOTUS’s Shadiest Shadow Docket.”
“Justices’ Questions Suggest New York Gun Control Law Is Unlikely to Survive; The law, which imposes strict limits on carrying guns in public, faced a skeptical reception from the Supreme Court on Wednesday”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Majority of Supreme Court appears to think N.Y. gun law is too restrictive.”
David G. Savage of The Los Angeles Times reports that “Supreme Court signals it’s likely to bolster the right to carry a concealed gun in public.”
Jess Bravin and Brent Kendall of The Wall Street Journal report that “Supreme Court Hears Arguments on Scrapping New York State’s Concealed-Weapons Permit Law; Comments from conservative justices point to concerns about law’s restrictions, though scope of any decision is far from clear.”
John Fritze of USA Today reports that “Supreme Court majority skeptical of New York law that limits carrying handguns in public.”
And Alex Swoyer of The Washington Times reports that “Supreme Court poised to bolster Second Amendment, right to carry.”
The U.S. Supreme Court has posted online the transcript and audio of today’s oral argument in New York State Rifle & Pistol Assn. v. Bruen, No. 20-843.
“The Supreme Court Wants More Guns on the New York Subway; In a major Second Amendment case, the conservative justices empathized with ‘law-abiding citizens’ who want to take guns everywhere”: Mark Joseph Stern has this jurisprudence essay online at Slate.
“We Can Now See the Playbook for Overturning Roe v. Wade”: Law professor Mary Ziegler has this guest essay online at The New York Times.
“A Concurring Opinion on Justice Thomas: To understand Justice Thomas’s ‘liberal originalism,’ one must look to the Declaration of Independence.” Scott Gerber has this post at the “Law & Liberty” blog.
“Originalism Tested: The term’s central question is whether the Court majority can interpret the law as written even as others press for the law’s distortion.” John O. McGinnis has this post at the “Law & Liberty” blog.
“The New 6–3 Majority: Amy Coney Barrett, Brett Kavanaugh, and John Roberts agree with the liberals about one thing.” Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.
“Republican Kevin Brobson wins seat on Pennsylvania Supreme Court as GOP appears poised to sweep appellate races; The race between Democrat Maria McLaughlin and Republican Kevin Brobson was marked by big campaign spending and negative ads”: Angela Couloumbis and Danielle Ohl of Spotlight PA have this report.
“The Texas Anti-Choice Law Already Did What Its Architects Wanted; The justices appear likely to let a challenge to Texas SB8 to proceed; But by hollowing out the right to abortion care, the law’s architects have achieved what they set out to accomplish”: Lisa Needham has this post at Balls and Strikes.
“The Supreme Court isn’t buying the Texas abortion law. Let’s hope they block it.” The Los Angeles Times has published this editorial.
“Prominent Conservatives Back Letting States Limit Guns in Public; A brief filed in a major gun control case to be heard on Wednesday by the Supreme Court argued that limits on the public carrying of weapons were consistent with the Second Amendment”: Adam Liptak of The New York Times has this report.
“Abortion Distortion at the Supreme Court: Will the Justices blow up a crucial and longtime limit on judicial power?” This editorial will appear in Wednesday’s edition of The Wall Street Journal.
“Federal Judge Files Recusal Notices in 138 Cases After WSJ Queries; Rodney Gilstrap initially argued he didn’t violate financial-conflicts law”: Coulter Jones, Joe Palazzolo, and James V. Grimaldi of The Wall Street Journal have this report.
“Another 1973 abortion ruling — ‘Doe,’ not ‘Roe’ — is at the heart of next month’s Supreme Court Case”: George W. Liebmann has this essay online at The Baltimore Sun.
“Some Geniuses”: You can access today’s new episode of the “Strict Scrutiny” podcast, with law professors Leah Litman, Melissa Murray, and Kate Shaw, via this link.
And today’s new installment of the “Advisory Opinions” podcast, with David French and Sarah Isgur, is titled “Supreme Court Hears Texas Abortion Law Arguments.”
“Supreme Court Justice Neil Gorsuch calls in sick, tests negative for Covid”: Ariane de Vogue of CNN has this report.
“The Supreme Court’s second thoughts about Texas’s antiabortion law”: Columnist Paul Waldman has this essay online at The Washington Post.
And online at Newsweek, law professor Josh Blackman has an essay titled “In Texas Abortion Case, Kavanaugh and Barrett Caved to Judicial Supremacy.”
“When Dissent Is All There Is: Justice Ruth Bader Ginsburg’s career offers a lesson for today’s Supreme Court.” Linda Greenhouse has this essay online at The Atlantic.
“If the Supreme Court Claims Power Over Gun Carry Laws, It Would Be Making a Grave Mistake”: Former Fourth Circuit Judge J. Michael Luttig and Richard D. Bernstein have this guest essay online at The New York Times.
“Supreme Court looks to medieval England in gun rights case”: David G. Savage has this article in today’s edition of The Los Angeles Times.
“Interview: Zoe Tillman.” Elise Spenner has this post at the “High School SCOTUS” blog.
Also at that blog, Hannah Saraf has a post titled “Interview: Kate Shaw.”