“Justice Breyer’s retirement gives Biden his first opportunity for a high court pick”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
Today’s broadcast also included an audio segment titled “With Justice Breyer retiring, Biden will have a Supreme Court pick.”
“Stephen Breyer Was the Right Justice for the Wrong Age”: Linda Greenhouse has this guest essay in today’s edition of The New York Times.
“Biden announces Breyer’s retirement, pledges to nominate Black woman to Supreme Court by end of February; President Joe Biden’s next nominee will help shape the court for years to come and act as a political tool to motivate the Democratic base”: Shannon Pettypiece of NBC News has this report.
“Biden: 1st Black woman justice on high court ‘long overdue.'” Colleen Long, Zeke Miller, and Darlene Superville of The Associated Press have this report.
“NBC News spoils Breyer’s retirement announcement”: Erik Wemple has this essay online at The Washington Post.
“The Court Loses Its Chief Pragmatist: With the upcoming retirement of Justice Stephen Breyer, the country moves into a more ideologically divided future.” Jeffrey Rosen has this essay online at The Atlantic.
“Stephen Breyer’s Decision to Retire Is in Keeping with His Careful Supreme Court Tenure; Breyer knows what a major crossroads the Court is at, with the conservative super-majority feeling its strength”: Amy Davidson Sorkin has this Daily Comment online at The New Yorker.
“Justice Breyer’s Legacy”: Law professor Michael C. Dorf has this essay online at Justia’s Verdict.
“Breyer’s role on the Supreme Court and the hole he’s leaving”: Joan Biskupic of CNN has this news analysis.
“Supreme Court prospect Brown Jackson was ‘star in the making’ at Miami’s Palmetto High”: Aaron Leibowitz, Jay Weaver, and Bryan Lowry of The Miami Herald have this report.
“Another testy Supreme Court battle is the last thing America needs — but it’s probably what lies ahead”: Stephen Collinson of CNN has this news analysis.
“The Deep Irony of Stephen Breyer’s Bare-Knuckled Exit From the Supreme Court”: Dahlia Lithwick has this jurisprudence essay online at Slate.
Also online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Stephen Breyer Couldn’t Meet the Moment; The justice’s futile quest for compromise rendered him an ineffectual leader of the liberal bloc.”
And Jeremy Stahl has a jurisprudence essay titled “Biden’s Very Short SCOTUS List Has a Very Obvious Front-Runner.”
“How Republicans Can Block Stephen Breyer’s Replacement”: Philip Elliott of Time magazine has this report.
Update: Since I posted this, the article has been significantly revised, and its headline has been changed to “Biden, Senate Democrats Can Replace Justice Stephen Breyer on Party Lines.”
“Students’ challenge to IU vaccine mandate dismissed after lone plaintiff with standing withdraws from school”: Olivia Covington of The Indiana Lawyer has this report on a per curiam ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.
“Court upholds strip clubs’ exclusion from pandemic relief program”: Daniel Wiessner of Reuters has this report.
And Joe Kelly of Courthouse News Service reports that “Seventh Circuit blocks pandemic relief money for strip clubs; The appeals panel found the government did not violate strip clubs’ free speech rights by declining to support them with limited subsidies.”
You can access today’s ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.
“How Biden will choose the next Supreme Court nominee”: Tom Goldstein has this post at “SCOTUSblog.”
“Liberal Breyer is taking no chances in the timing of his departure”: Joan Biskupic of CNN has this news analysis.
“A look at Justice Stephen Breyer’s time on the Supreme Court — and what comes next”: Nina Totenberg had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”
“When Raffi Melkonian started #AppellateTwitter, he didn’t know it would become a strong community”: Lyle Moran will have this “Legal Rebels” profile in the February 2022 issue of ABA Journal magazine.
“Will The Senate Confirm Biden’s Supreme Court Pick? Democrats Have Been Most United On Judges So Far. Senate Democrats may not unanimously agree on much, but they’ve shown they can rally behind Biden’s judicial nominees time and time again.” Paul McLeod of BuzzFeed News has this report.
“Breyer’s act of listening will pave the way to a healthier democracy”: Neal Katyal has this essay online at The Washington Post.
“Stephen Breyer, Shamed By Your Tweets, Will Retire From Supreme Court; The 83-year-old justice is expected to step down at the end of the Court’s current term”: Jay Willis has this post at Balls & Strikes.
“Stephen Breyer, pragmatic liberal, will retire at end of term”: Amy Howe has this post at “SCOTUSblog.”
“A shortlist of potential nominees to replace Breyer on the Supreme Court”: Ariane de Vogue and Tierney Sneed of CNN have this report.
“Justice Stephen Breyer to retire from Supreme Court, paving way for Biden appointment; The liberal justice’s decision to retire after more than 27 years on the court allows President Joe Biden to appoint a successor who could serve for several decades”: Pete Williams of NBC News has this report.
“Would You Like To Own A Book From Justice Ruth Bader Ginsburg’s Library? Here’s your chance — but you better be prepared to pay up….” David Lat has this post at his “Original Jurisdiction” Substack site.
“A Federal Judge’s Satirical Opinion Highlights Disrespect for the Second Amendment; After more than a decade of subversion, the Supreme Court has a chance to rectify this situation”: Jacob Sullum has this post online at Reason.
“Justice Sonia Sotomayor Shares Why She Loves Writing for Children”: The NBC program “Late Night with Seth Meyers” has posted this video on YouTube.
Justice Sonia Sotomayor was a guest on last night’s episode, promoting her newest children’s picture book, “Just Help! How to Build a Better World.”
“Biden’s first-year judicial appointments—process”: Russell Wheeler has this post — the first of a three-part series analyzing President Biden’s first year of judicial appointments — at the “FixGov” blog of the Brookings Institution.
“Libertarianism as Constitutional Interpretation”: Eric Segall has this blog post at “Dorf on Law.”
“The rise of certiorari before judgment”: Steve Vladeck has this post at “SCOTUSblog.”
“Against Precedent: In making a constitutional interpretation, the courts must treat previous interpretations as indicators of the law, not the law itself.” Bruce P. Frohnen has this post at the “Law & Liberty” blog.
“Michael Avenatti Will Represent Himself During Remainder of His Trial; Mr. Avenatti is accused of impersonating and defrauding Stormy Daniels when he served as her lawyer; The decision means he is likely to cross-examine her during his trial”: Colin Moynihan of The New York Times has this report.
“Faith Can’t Abrogate a Contract; A California state court goes too far in a ruling against Scientology’s arbitration agreement”: Law professor Michael J. Broyde will have this op-ed in Wednesday’s edition of The Wall Street Journal.
And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Scientology Arbitration and the First Amendment: Some Questions About Bixler v. Superior Court.”
You can access last Wednesday’s unpublished decision of the California Court of Appeal for the Second District, Division Five, at this link.
“A Chance to Remove Race From College Admissions; After equivocating for decades, will the Supreme Court finally declare that discrimination is illegal?” Columnist Jason L. Riley will have this op-ed in Wednesday’s edition of The Wall Street Journal.