“The Case of the Anti-Democracy Harvard Law Review Note; An arcane policy allows editors at one of the country’s most prestigious legal journals to publish anonymously”: Jay Willis has this post at Balls and Strikes.
“Biden interviews at least three Supreme Court contenders as announcement nears; As the president enters the final stages of his Supreme Court selection process, the White House has begun advising allies on how to push back against expected attacks”: Sean Sullivan, Seung Min Kim, and Tyler Pager of The Washington Post have this report.
Katie Rogers of The New York Times reports that “Biden Interviews 3 Supreme Court Candidates as His Search Narrows; The White House says the president is on track to decide on a nominee to fill the seat vacated by Justice Stephen G. Breyer by the end of February.”
Eliza Collins and Ken Thomas of The Wall Street Journal report that “Biden Has Interviewed Three Candidates for Supreme Court; The president is expected to announce his pick to replace retiring Justice Breyer by month’s end.”
And Ariane de Vogue, Joan Biskupic, and Manu Raju of CNN report that “Biden has met with at least three potential Supreme Court nominees; announcement expected soon.”
“Judge J. Michelle Childs — Nominee to the U.S. Court of Appeals for the D.C. Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”
“Abortion, Guns, Climate: Supreme Court Loads Docket With Culture-War Showdowns.” Greg Stohr of Bloomberg News has this report.
“Federal appeals court upholds decision to block SC’s ‘heartbeat’ bill”: Nick Reynolds of The Post and Courier of Charleston, South Carolina has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
“No, Biden’s Supreme Court justice will not be powerless”: Paul Gordon has this essay online at The Hill.
“Supreme Court rejects Epstein sex abuse accuser’s lawsuit”: Jessica Gresko of The Associated Press has this report.
“The Texas abortion ban created a ‘vigilante’ loophole. Both parties are rushing to take advantage. After the Supreme Court allowed the Texas bill to take effect, at least 31 copycat laws on a variety of hot-button issues have been filed around the country.” Kimberly Kindy and Alice Crites of The Washington Post have this report.
“Did Ketanji Brown Jackson rule against Black workers? It’s not so simple.” Law professor Kenneth W. Mack and former Fourth Circuit Judge Andre M. Davis have this essay online at The Washington Post.
“Sonia Sotomayor returns to Supreme Court bench as the only justice wearing a mask”: Ariane de Vogue of CNN has this report.
“Schumer, Durbin, and Whitehouse voted against vast majority of Trump minority appeals court nominees; Schumer opposed 95% of Trump appeals court nominees, according to Article III Project analysis”: Tyler Olson of Fox News has this report.
“Supreme Court to Hear Case of Web Designer Who Objects to Same-Sex Marriage; The case may settle a question left open in 2018: how to reconcile claims of religious liberty with laws barring discrimination based on sexual orientation.” Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court will hear another clash pitting religious rights against laws protecting LGBTQ people from discrimination.”
David G. Savage of The Los Angeles Times reports that “Supreme Court will decide whether web designer has a right to turn away same-sex couples.”
Jess Bravin of The Wall Street Journal reports that “Supreme Court to Decide Constitutional Right to Deny Service to Same-Sex Couples; Case of website designer represents significant clash between LGBT and religious rights.”
John Fritze of USA Today reports that “Supreme Court to decide whether website designer may decline same-sex weddings.”
Alex Swoyer of The Washington Times reports that “Supreme Court to weigh free speech rights against LGBT discrimination laws.”
Jessica Gresko of The Associated Press reports that “High court takes case involving refusal to serve gay couples.”
Lawrence Hurley of Reuters reports that “U.S. Supreme Court takes up clash between religion and LGBT rights.”
Greg Stohr of Bloomberg News reports that “Supreme Court Takes Up New Clash on Same-Sex Weddings.”
Pete Williams of NBC News reports that “Supreme Court to decide whether some businesses can refuse to serve gay customers; The case involves a Colorado website designer who wants to refuse services for same-sex weddings.”
Ariane de Vogue and Tierney Sneed of CNN report that “Supreme Court takes up case of web designer who won’t work with same-sex couples.”
Josh Gerstein of Politico reports that “Supreme Court to decide web designer’s duty to work on same-sex wedding site; The case pits a Colorado web designer against a state law requiring services for same-sex couples.”
John Kruzel of The Hill reports that “Supreme Court takes up wedding site designer’s case refusing gay couples.”
Brad Kutner of Courthouse News Service reports that “Justices agree to hear discrimination challenge from Christian web designer; A woman who designs websites says she has been unable to expand her business into weddings because Colorado law would force her to work with same-sex clients.”
And Nina Totenberg of NPR reports that “Supreme Court to reconsider religious objectors’ refusal to serve same-sex couples.”
“Of Originalism, Political Polarization, Tolerance, and the Importance of Talking to the Other Side”: Eric Segall has this interesting blog post at “Dorf on Law.”
“#054: Panel Opinion — Oral Argument Techniques from Judge Patricia Millett, Joe Palmore, and Prof. Tiffany Wright.” You can access today’s new episode of the “How I Lawyer Podcast with Jonah Perlin” via this link.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court today granted review in two new cases, set exceptions to the Special Master Report for oral argument in due course in two consolidated original jurisdiction cases, and called for the views of the Solicitor General in three cases.
In addition, Justice Sonia Sotomayor issued a statement respecting the denial of certiorari in Ortiz v. Breslin, No. 20-7846.
“‘A singular focus’: Durbin is determined to make history as he works to confirm Biden’s Supreme Court pick.” Mike DeBonis, Seung Min Kim, and Rhonda Colvin have this article in today’s edition of The Washington Post.
“The Long Crusade of Clarence and Ginni Thomas: The Supreme Court justice and his wife battled for years for a more conservative America; New reporting shows how far she was willing to go after Donald Trump’s 2020 election loss.” Danny Hakim and Jo Becker will have this article in this upcoming Sunday’s edition of The New York Times Magazine.
“Colombia court decriminalizes abortion, adding to regional momentum; The country follows Mexico and Argentina as the third in Latin America to expand abortion rights in just over a year”: Samantha Schmidt and Diana Durán of The Washington Post have this report.
Joe Parkin Daniels of The Guardian (UK) reports that “Colombia legalises abortion in move celebrated as ‘historic victory’ by campaigners; Colombia has decriminalised abortion during the first 24 weeks of pregnancy, following rulings in Mexico and Argentina that improve access to abortion.”
Manuel Rueda of The Associated Press reports that “Colombia’s highest court legalizes abortion up to 24 weeks.”
And Julia Symmes Cobb and Luisa Fernanda Gonzalez of Reuters report that “Top Colombia court decriminalizes abortion until 24 weeks of gestation.”
“Biden Has Begun the Interview Process for Supreme Court Pick; President remains on track to announce his nominee by end of month, White House officials say”: Ken Thomas of The Wall Street Journal has this report.
“Yale Law School to Cover Full Tuition and Fees for Lowest-Income Students; Dean Heather Gerken urges other law schools to direct more of their financial aid to need-based scholarships”: Melissa Korn and Sara Randazzo of The Wall Street Journal have this report.
“Pa. Supreme Court is about to rule on the state’s congressional district map”: Sam Dunklau had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“Texans split on overturning Roe, support strong for six-week ban in new abortion law, poll shows; Those who want to see Roe vs. Wade tossed favor banning abortion after six weeks of pregnancy, rather than 15 weeks, the new Dallas Morning News-University of Texas at Tyler poll finds”: BeLynn Hollers of The Dallas Morning News has this report.
You can access the detailed poll results at this link.
“The Long-Term Stakes in the Remain in Mexico Case”: Michael C. Dorf has this post at his blog, “Dorf on Law.”
“We’re Doing S’mores”: You can access today’s new episode of the “Strict Scrutiny” podcast, featuring law professors Leah Litman, Kate Shaw, and Melissa Murray, via this link.
“Another Risk in Overturning Roe: The decision rejects the idea of fetal personhood — which anti-abortion groups have been pushing on state legislatures.” Jia Tolentino has this Comment in the February 28, 2022 issue of The New Yorker.
“Anatomy of a tweet: The behind the scenes story of how retired federal judge Michael Luttig used Twitter to try to stop an insurrection.” Jamie Gangel and Jeremy Herb of CNN have this report.
“Yes, Georgetown should fire an academic for a racist tweet”: Georgetown Law professor Paul Butler has this essay online at The Washington Post.
“Some on the right have first Black woman justice’s qualifications under a microscope. It’s not a new strategy.” Jazmine Ulloa has this front page article in today’s edition of The Boston Globe.
“Being the 1st: What it’s like to make Supreme Court history.” Jessica Gresko and Colleen Long of The Associated Press have this report.
“Why half of Guantanamo’s prisoners could get out”: Ben Fox of The Associated Press has this report.
“Forfeited Argument Revived by Full 11th Cir. to Save Conviction”: Bernie Pazanowski of Bloomberg Law has this report (subscription required for full access).
My earlier coverage of Wednesday’s en banc Eleventh Circuit ruling, accompanied by a passionate dissent from a perhaps unexpected co-author, can be accessed here.
“Judicial Notice (02.19.22): Circuit On Fire; The legal world mourns one of its finest, a Fifth Circuit judge pulls no punches, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Thursday Was One of the Most Radical Days for the Federal Courts in Years”: Mark Joseph Stern has this jurisprudence essay online at Slate.
“Dampening The Fire On The Fifth Circuit”: Josh Blackman has this post at “The Volokh Conspiracy.”
“The Supreme Court is not being honest with you: Justice Amy Coney Barrett appears to be quite unfamiliar with her own judicial record, and that of her colleagues.” Ian Millhiser has this essay online at Vox.