“Dan Markel murder: Magbanua defense team asking for another stay with trial just weeks away.” Karl Etters of The Tallahassee Democrat has an article that begins, “On the eve of the start of two days of court hearings to hammer out which evidence should be allowed in the murder trial of Katherine Magbanua, her attorneys are asking for the case to be continued so a key audio recording can be analyzed.”
“Georgetown Suspends Lecturer Who Criticized Vow to Put Black Woman on Court; Ilya Shapiro has apologized after tweeting that President Biden was poised to nominate not ‘the objectively best pick,’ but a ‘lesser Black woman’ to the Supreme Court”: Neil Vigdor of The New York Times has this report.
“From big cases to a new vacancy, Supreme Court faces a high-stakes 2022; The high court is gearing up for a politically explosive year with a series of blockbuster cases that have the power to reshape American life”: Sahil Kapur of NBC News has this report.
“Colorado judicial discipline commission subpoenas Supreme Court over lack of access to evidence in scandal investigation”: David Migoya of The Gazette of Colorado Springs has this report.
“The 3 Republicans to watch as Biden picks his SCOTUS nominee; This trio has backed the president’s judicial picks so far at a comparable rate to the centrist Democrats who most often backed Donald Trump’s picks”: Marianne LeVine of Politico has this report.
“Sherrilyn Ifill should be Biden’s Supreme Court pick; here’s why”: The Baltimore Sun has published this editorial.
“Faculty Letter in Support of Ilya Shapiro, January 31, 2022”: The Foundation for Individual Rights in Education has posted this letter, signed by many recognizable names, online.
“Incoming Georgetown Law official placed on administrative leave for tweets about Supreme Court pick; School officials will investigate whether Ilya Shapiro’s tweets breached policy”: Lauren Lumpkin of The Washington Post has this report.
“Biden’s critics are clueless about his pledge to put a Black woman on the Supreme Court”: Columnist Jennifer Rubin has this essay online at The Washington Post.
“Critics say Ginni Thomas’s activism is a Supreme Court conflict. Under court rules, only her husband can decide if that’s true.” Michael Kranish of The Washington Post has this report.
“Biden’s Promise to Pick a Black Woman Justice Is Good, Actually; Meaningful change requires more than occasional platitudes about the importance of ‘diversity'”: Yvette Borja has this post at Balls and Strikes.
“Conservative Justices Versus Legal Text, the Constitution, and Public Health: When they struck down the Biden OSHA rule for COVID-19, the high court’s conservatives ignored their own principles and put the rest of us at risk.” Law professor Peter M. Shane has this essay online at Washington Monthly.
“Justice Breyer’s Legacy In Numbers”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
“Balancing and Deference: A Reflection on Justice Breyer.” Michael C. Dorf has this blog post at “Dorf on Law.”
“Mensch On The Bench”: You can access today’s new episode of the “Strict Scrutiny” podcast, in which law professors Risa Goluboff and Tejas Narechania join the podcast’s hosts, law professors Kate Shaw, Melissa Murray, and Leah Litman, via this link.
“Senate GOP faces uncharted waters in Supreme Court fight”: Jordain Carney of The Hill has this report.
“On Decency and Double Standards at Georgetown: Do apologies mean anything anymore? Consider the case of Ilya Shapiro.” Bari Weiss has this post at her “Common Sense” Substack site.
“With Breyer’s Exit, a Farewell to Marshmallow Guns and Tomato Children; Justice Stephen G. Breyer, who said last week that he planned to retire, enlivened Supreme Court arguments with questions that could confuse and amuse”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
“Distinguished person of the week: A model public servant.” Online at The Washington Post, columnist Jennifer Rubin has an essay that begins, “When Justice Stephen G. Breyer formally announced on Thursday that he would retire at the end of the current Supreme Court term, the public got a glimpse not only into the character of a public servant but also an honorable human being.”
“Supreme Court Justice Stephen Breyer’s legacy in administrative law”: This audio segment featuring law professor Adrian Vermeule appeared on this evening’s broadcast of NPR’s “All Things Considered.”
“The skirmish is over a new justice. The battle is against the right wing’s imperial judiciary.” Columnist E.J. Dionne Jr. has this essay online at The Washington Post.
“Republican Sen. Graham heaps praise on fellow South Carolinian and potential Supreme Court nominee J. Michelle Childs”: Aaron Pellish and Sonnet Swire of CNN have this report.
And online at The Washington Post, James Downie has an essay titled “Lindsey Graham’s shockingly rational answer about the Supreme Court.”
“How Breyer’s replacement could reshape court’s liberal wing”: John Kruzel of The Hill has this report.
“The Supreme Court Needs Diversity in More Ways Than One; No current justice is a public-college alum, and only one was a trial judge”: Law professor Benjamin H. Barton has this essay online at The Wall Street Journal.
“When All-White Was All Right”: Online at The New York Times, columnist Charles M. Blow has an essay that begins, “Nominating Supreme Court justices has always been about identity and politics. It’s just that for nearly the first two centuries of the court’s existence, the only people considered for inclusion were white men.”
“Judge Bumatay, A Fil-Am Benchmark”: Anthony Maddela has this profile online at Positively Filipino.
“Judicial Notice (01.29.22): Breyer, Retired; A supremely stupid tweet, a generous gesture from a Biglaw firm, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.
“For Ketanji Brown Jackson, View of Criminal Justice Was Shaped by Family; The story of an uncle’s cocaine conviction formed only part of Judge Jackson’s understanding of the system’s complexities; She is now seen as a contender to be President Biden’s Supreme Court pick”: Patricia Mazzei and Charlie Savage of The New York Times have this report.
“Collins Faults Biden for ‘Clumsy’ Handling of Breyer Replacement; GOP senator calls pledge to pick Black woman overly political; Democrats hope to gain Collins vote for Supreme Court pick”: Erik Wasson and Ian Fisher of Bloomberg News have this report.
“Conservative Justices Are Walking Into Their Own Trap; Today’s Supreme Court majority will struggle to defend the logic of its judicial activism if it overturns Roe v. Wade in the name of judicial restraint”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Majority of Americans want Biden to consider ‘all possible nominees’ for Supreme Court vacancy: POLL; An ABC News/Ipsos poll says a plurality of the U.S. views the court as partisan.” Brittany Shepherd of ABC News has this report.
You can view the poll results via this link.
“Possible Supreme Court nominee, former defender, saw impact of harsh drug sentence firsthand”: Ann E. Marimow and Aaron C. Davis of The Washington Post have this report.
“White House considering wider list of Supreme Court nominees”: Ariane de Vogue of CNN has this report.
Presumably law professor Melissa Murray would have to leave the “Strict Scrutiny” podcast were she nominated and confirmed.
“Stephen Breyer Versus the Death Penalty: The soon-to-retire justice lost his fight to abolish the death penalty; His courage keeps alive the possibility that some future court might yet win.” Matt Ford has this essay online at The New Republic.
“Will North Carolina GOP use a Jim Crow tactic to reshape high court?” Billy Corriher has this report online at Facing South.