“Judiciary Urges Dialogue on Electronic Case Files Bills, Seeks Delay in Action”: The Administrative Office of the U.S. Courts issued this news release today. Among the federal judiciary’s message to Congress — “not so fast” on giving away PACER for free, please.
“Nicholas Kristoff’s New York Domicile”: Ed Zelinsky recently had this guest post at the “Election Law Blog.”
“Supreme Court halts COVID-19 vaccine rule for US businesses”: Mark Sherman and Jessica Gresko of The Associated Press have this report.
You can access the U.S. Supreme Court‘s per curiam ruling today in NFIB v. OSHA, No. 21A244, at this link.
And you can access the Court’s per curiam ruling in Biden v. Missouri, No. 21A240, at this link.
“5th Circuit’s Costa to resign, giving Biden second vacancy to fill”: Nate Raymond of Reuters has this report.
“Defending the Consensus Constitution: The genius of the American system is that the Constitution fragments power to promote stability, carefully considered policy, and liberty.” John O. McGinnis has this post at the “Law & Liberty” blog.
“On vaccine mandates, the Supreme Court is doing a job Congress should have finished long ago”: Columnist Charles Lane has this essay online at The Washington Post.
“Pork producers and bacon lovers, stop squealing over California’s new animal welfare law”: Columnist Helaine Olen has this op-ed in today’s edition of The Washington Post.
“Texas-style abortion bans proliferate as court battle looms”: Reid Wilson of The Hill has this report.
“The Supreme Court’s Right Turn Goes Way Beyond Guns And Abortion”: Amelia Thomson-DeVeaux of FiveThirtyEight has this post.
“Fisherman nets win on venue challenge to online trade-secret theft charge”: Blake Brittain of Reuters has this report.
And Bernie Pazanowski of Bloomberg Law reports that “Fisherman Beats Theft-of-Trade-Secrets Conviction Involving Hack.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.
“Ninth Circuit Judge M. Margaret McKeown to Take Senior Status”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday, along with a news release titled “Senate Confirms Justice Gabriel P. Sanchez to Seat on U.S. Court of Appeals for the Ninth Circuit.”
“This is why dicta do not violate the prohibition on advisory opinions.” So explained Circuit Judge Raymond W. Gruender in a dissenting opinion that the U.S. Court of Appeals for the Eighth Circuit issued yesterday.
“7th Circuit won’t revive Illinois churches’ COVID suit”: Jordan Morey of The Indiana Lawyer has this report on a per curiam opinion that the U.S. Court of Appeals for the Seventh Circuit issued Tuesday.
“Illinois Tried Hard Enough to Provide Inmates Mental Health Care”: Bernie 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 Seventh Circuit issued yesterday.
“Bostock Was Bogus: Textualism, Pluralism, and Title VII.” Law professors Mitchell N. Berman and Guha Krishnamurthi have this article in the current issue of the Notre Dame Law Review.
“5th Circ. Backs Walmart Win In Pharmacist’s Race Bias Case”: Abby Wargo of Law360 has this report (subscription required for full access) on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued Monday.
Circuit Judge James C. Ho issued a notable opinion concurring in part and dissenting in part in which he concludes that the district court erred in dismissing the plaintiff’s claim alleging a hostile work environment under Title VII of the Civil Rights Act of 1964.
Fifth Circuit reverses summary judgment entered in the U.S. District Court for the Eastern District of Pennsylvania: As the Fifth Circuit’s opinion explains, “To be clear, it is the Pennsylvania MDL court’s summary judgment that we review, but Louisiana substantive law controls.”
“South Dakota asks appeals court to allow July 4 fireworks at Mount Rushmore; Determined to resume Independence Day fireworks shows at Mount Rushmore, Governor Kristi Noem is appealing a ruling that upheld the National Park Service’s denial of last year’s permit over wildfire and coronavirus concerns”: Rox Laird of Courthouse News Service has this report.
“Federal appeals court ruling allows parents of murdered student’s wrongful death suit against Millersville U to proceed”: Dan Nephin has this front page article in today’s edition of LNP of Lancaster, Pennsylvania.
And Mary Anne Pazanowski of Bloomberg Law reports that “Millersville University Faces Revived Suit Over Dorm Room Murder” (subscription required for full access).
You can access Tuesday’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.
“Indiana asks Seventh Circuit to lift block of abortion restrictions; The state’s appeal comes after a federal judge struck down several abortion regulations, including a telemedicine ban and a required disclosure to patients that fetuses can feel pain”: David Wells of Courthouse News Service has this report on an oral argument (access the audio via this link) that a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit heard yesterday in the case captioned Whole Woman’s Health Alliance v. Rokita, No. 21-2480.
The three-judge panel assigned to hear and decide this case consists of Circuit Judges Frank H. Easterbrook and Diane P. Wood and Senior Circuit Judge Joel M. Flaum.
“Fifth Circuit Judge to Leave Court Hearing Texas Abortion Law”: Ben Penn of Bloomberg Law has a report (subscription required for full access) that begins, “Judge Gregg Costa will resign in August as one of the far outnumbered Democratic-appointed jurists in the U.S. Court of Appeals for the Fifth Circuit, according to a notice on the U.S. Courts website.”
“Federal court denies RI students appeal claiming constitutional right to civics education”: Linda Borg of The Providence Journal has this report.
Daniel Jackson of Courthouse News Service reports that “Students have no constitutional right to civics education, First Circuit rules; The appellate court decided a group of public school students in Rhode Island who said their civics education could leave them unprepared to participate in democracy were not deprived of a fundamental right.”
And Mark Walsh of Education Week reports that “Students Lose Appeal on Right to Civics Education, But Win Praise From Judges Anyway.”
You can access Tuesday’s ruling of the U.S. Court of Appeals for the First Circuit at this link.
“Republican Senators Very Upset to Discover Consequences of Own Actions; When it comes to the extent of their input on nominees with the White House, Senate Judiciary Committee Republicans appear to have very short memories”: Yvette Borja has this post at Balls and Strikes.
Access today’s ruling of the U.S. Supreme Court in an argued case: Justice Amy Coney Barrett delivered the opinion of the Court in Babcock v. Kijakazi, No. 20-480. And Justice Neil M. Gorsuch issued a dissenting opinion. You can access the oral argument of this case via this link.
“Redistricting: Ohio Supreme Court strikes down state House and Senate maps.” Jessie Balmert, Laura A. Bischoff, and Anna Staver of The Columbus Dispatch have this report.
Andrew J. Tobias of The Cleveland Plain Dealer reports that “Ohio Supreme Court orders redraw of Republican-drawn state legislative maps.”
And Jim Provance of The Toledo Blade reports that “Narrow decision strikes down state legislative maps.”
You can access today’s 4-to-3 ruling of the Supreme Court of Ohio at this link.
“South Dakota’s chief justice seeks $5 million for courthouse security”: Jonathan Ellis of The Argus Leader of Sioux Falls, South Dakota has this report.
“Gov. Bill Lee taps associate solicitor general Sarah Campbell for Tennessee Supreme Court seat”: Melissa Brown and Mariah Timms of The Tennessean have this report.
“The furor over Sonia Sotomayor’s false covid claim misses a more important problem”: Columnist Radley Balko has this essay online at The Washington Post.
“Republican leaders in South Dakota, Florida push abortion restrictions ahead of Supreme Court ruling”: Paulina Villegas of The Washington Post has this report.
“Oregon Supreme Court to decide whether Democrat Nick Kristof qualifies to run for governor”: Hillary Borrud of The Oregonian has this report.
“Federal appeals court orders documents unsealed in Louisiana abortion provider case”: Alison Frankel’s “On the Case” from Reuters has this post.
I mentioned this recent Fifth Circuit ruling in this earlier post.
“Congress’ Plan to Protect the 2024 Election From Sabotage Has One Huge Flaw”: Law professor Lawrence Lessig has this jurisprudence essay online at Slate.
“A new Supreme Court era has already begun: President Joe Biden’s vaccine workplace rule could fall to a conservative court ready to reshape America.” Chris Geidner has this report, his first as deputy editor for legal affairs at Grid.
“Tensions Flare Over Biden’s 6th Circuit Nominee, Selected Without Support of Home State Senators; ‘Simply put, there shouldn’t be one set of rules for Republican nominees under Republican presidents and a different set for nominees under Democratic presidents,’ said Senate Judiciary Committee Chairman Dick Durbin”: Jacqueline Thomsen of The National Law Journal has this report.
Brooke Singman of Fox News has reports headlined “Tennessee senators say Biden judicial nominee ‘believes himself to be above the law’; Andre Mathis assured Senate committee, ‘I am a law-abiding citizen’” and “Biden judicial nominee had driver’s license suspended 3 times due to citations.”
And Todd Ruger of Roll Call reports that “Republicans stung by a change they made on judicial picks; Republicans, during the Trump administration, jettisoned a tradition that allowed home-state senators to block appeals court nominees.”
You can view the video of this morning’s U.S. Senate Judiciary Committee confirmation hearing for judicial nominees via this link.
“Remembering Brett Kavanaugh”: Law professor Sherry F. Colb has this book review essay online at Justia’s Verdict.