“9th Circuit dismisses Twitter lawsuit against Texas over Trump ban; Lone Star State’s attorney general can go forward with probe of social media giant for kicking out former president”: Ryan Lovelace of The Washington Times has this report.
Jacklyn Wille of Bloomberg Law reports that “Twitter Jumped Gun in Suing Texas AG Over Probe Into Trump Ban.”
And Nicholas Iovino of Courthouse News reports that “Ninth Circuit rejects Twitter retaliation suit against Texas; The Ninth Circuit refused to revive a lawsuit claiming a Texas probe into Twitter’s claims about its content policies amounts to retaliation for its ban of former president Donald Trump from the platform.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Access today’s rulings of the U.S. Supreme Court in argued cases: Justice Stephen G. Breyer delivered the opinion of the Court in large measure in United States v. Zubaydah, No. 20-827. Justice Clarence Thomas issued an opinion, in which Justice Samuel A. Alito, Jr. joined, concurring in part and concurring in the judgment. Justice Brett M. Kavanaugh issued an opinion, in which Justice Amy Coney Barrett joined, concurring in part. Justice Elena Kagan issued an opinion concurring in part and dissenting in part. And Justice Neil M. Gorsuch issued a dissenting opinion, in which Justice Sonia Sotomayor joined. You can access the oral argument via this link.
And Justice Alito delivered the opinion of the Court in Cameron v. EMW Women’s Surgical Center, P.S.C., No. 20-601. Justice Thomas issued a concurring opinion. Justice Kagan issued an opinion, in which Justice Breyer joined, concurring in the judgment. And Justice Sotomayor dissented. You can access the oral argument via this link.
“Will the U.S. Supreme Court wade into the battle over Pa.’s congressional map?” Katie Meyer of WHYY has this report.
“Biden’s past Supreme Court experience helped inform choice”: Darlene Superville of The Associated Press has this report.
“Ketanji Brown Jackson was a hall of famer even in my high school”: Stephen F. Rosenthal has this essay online at CNN.
“Is the Supreme Court ready to upend the power of state courts in disputes over federal elections?” Ariane de Vogue of CNN has this report.
And Kelsey Reichmann of Courthouse News Service reports that “State legislatures want to control the results of elections and they’re asking the Supreme Court to help them; The justices could tip the scales for legislatures grasping for more partisan control over elections.”
“Trump and right-wing lawyer were part of ‘criminal conspiracy’ to overturn 2020 election, January 6 committee alleges”: Katelyn Polantz of CNN has this report.
“The Supreme Court’s ‘Major Question’: The Justices have an ideal chance to better define this doctrine on regulatory power.” This editorial will appear in Thursday’s edition of The Wall Street Journal.
“Judge Says Sarah Palin ‘Failed to Prove Her Case’ Against The Times; In a written opinion explaining his decision to dismiss Ms. Palin’s defamation case, Judge Jed S. Rakoff also stated his faith in the integrity of the jury”: Jeremy W. Peters has this article in today’s edition of The New York Times. You can access the opinion at this link.
“GOP criticizes Biden judicial nominee’s defense of death row inmate”: Nate Raymond of Reuters has a report that begins, “A public defender nominated by President Joe Biden to serve on a federal appeals court was criticized by Senate Republicans on Wednesday for helping successfully overturn a death row inmate’s sentence, calling her a ‘zealot’ for fighting capital punishment.”‘
And Rose Wagner of Courthouse News Service reports that “Surge of public defenders heading to federal bench drives wedge at Senate; Republicans on the Judiciary Committee held up a nominee’s past work as a public defender to say she is unfit to join the Third Circuit.”
You can view via this link the video of today’s U.S. Senate Judiciary Committee confirmation hearing for judicial nominees.
“California law students shout down Georgetown scholar, viral video shows; UC Hastings says, ‘The act of silencing a speaker is fundamentally contrary to the values of this school'”: Jessica Chasmar of Fox News has this report.
And Nate Hochman of National Review reports that “Full Video Shows Law Students Heckling, Shouting Down Ilya Shapiro for 45 Minutes.”
“Why Ketanji Brown Jackson would be such an upgrade over Breyer”: Columnist Perry Bacon Jr. has this essay online at The Washington Post.
“Ghislaine Maxwell Juror May Be Made to Testify About His Conduct; The juror, whose failure to disclose his past abuse has clouded the guilty verdict against Ms. Maxwell, would be granted immunity from prosecution”: Benjamin Weiser of The New York Times has this report.
“Is Viability Dicta?” Christopher Mills, Blake Davis, and Richard Osborne have posted this article at SSRN.
“Senators, it’s time to add some 305 to the U.S. Supreme Court”: David Oscar Markus has this essay online at The Miami Herald.
“The Supreme Court’s Looming Attack on Journalism In America; For more than five decades, New York Times v. Sullivan has protected journalists reporting on the rich and powerful; This Court might soon have the chance to change that”: Adam Cohen has this post at Balls and Strikes.
“Who’s Afraid of Ketanji Brown Jackson?” Sherrilyn A. Ifill has this guest essay online at The New York Times.
“Senate hearings for high court nominee to begin on March 21”: Mary Clare Jalonick of The Associated Press has this report.
Laura Litvan of Bloomberg News has a report headlined “Who to Watch as Supreme Court Pick Jackson Meets With Senators.”
Jordain Carney of The Hill reports that “Schumer wants to confirm Biden’s Supreme Court pick by April break.”
And Amelia Thomson-DeVeaux of FiveThirtyEight has a report headlined “How Racism And Sexism Could Define Ketanji Brown Jackson’s Confirmation Hearings.”
“College disability rights case could go to Supreme Court — a possibility advocates fear”: Colleen Shalby of The Los Angeles Times has this report.
“Dylann Roof takes church shooting appeal to US Supreme Court”: Meg Kinnard of The Associated Press has this report.
“How a new Supreme Court case endangers the New Deal, the Great Society, and Obamacare: The Court’s Republican supermajority will hear a case about the Commerce Clause; God help us.” Ian Millhiser has this essay online at Vox.
“Republicans ask U.S. Supreme Court to curb state courts’ election oversight role”: Andrew Chung and Lawrence Hurley of Reuters have this news analysis.
“Texas Attorney General Ken Paxton is headed to a runoff against George P. Bush; The two-term incumbent, beset by a criminal indictment and FBI probe, will face Bush, the state’s land commissioner and scion of a political dynasty, in the May 24 runoff”: James Barragán and Kate McGee of The Texas Tribune have this report.
In June 2021, Eva Guzman resigned her seat on the Supreme Court of Texas to run as a Republican candidate for Attorney General of Texas. She placed third in yesterday’s primary, failing to qualify for the run-off election.
“Ten Observations About Adrian Vermeule’s Book ‘Common Good Constitutionalism'”: Eric Segall has this blog post at “Dorf on Law.”
“Asian-Americans Fight Back Against School Discrimination; From Harvard to a Virginia high school, courts take up racial preferences’ harm to this minority population”: Columnist Jason L. Riley will have this op-ed in Wednesday’s edition of The Wall Street Journal.
“Fallout From Judges’ Financial Conflicts Spreads to Appeals Courts; Cases involving StarKist, Bank of America and Cisco are among those reviewed”: James V. Grimaldi, Joe Palazzolo, and Coulter Jones will have this article in Wednesday’s edition of The Wall Street Journal.
“1st Circuit Judge Sandra Lynch to Take Senior Status; Lynch was appointed to the federal appeals court by former President Bill Clinton in 1995”: Avalon Zoppo of The National Law Journal has this report.
And Nate Raymond of Reuters reports that “1st Circuit’s first woman judge to retire from active service.”
“These Are the 3 Lawyers the Federal Circuit Chastised Last Week for Violating COVID Protocols”: Scott Graham of The National Law Journal has this report.
Last Friday’s per curiam order of the U.S. Court of Appeals for the Federal Circuit did not identify the lawyers.
“Redistricting put Pennsylvania’s Supreme Court where it doesn’t want to be: the political spotlight; Picking a new high-stakes congressional map injected the Pennsylvania Supreme Court into partisan politics; It wasn’t the first time — and probably won’t be the last.” Andrew Seidman and Jonathan Lai of The Philadelphia Inquirer have this report.
“Trump Judges Are Now a Threat to America’s National Security; The 5th Circuit let a lone judge order the deployment of unvaccinated SEALs; High-ranking officers say the decision puts the world at risk”: Mark Joseph Stern has this jurisprudence essay online at Slate.
My earlier coverage of yesterday’s Fifth Circuit ruling can be accessed here.
In today’s mail: I received an inscribed copy of law professor Richard L. Hasen‘s new book, “Cheap Speech: How Disinformation Poisons Our Politics — and How to Cure It.”
“Supreme Court Considers Limiting E.P.A.’s Ability to Address Climate Change; Members of the court’s conservative majority voiced skepticism that Congress had authorized the agency to decide what they said were major political and economic questions”: Adam Liptak has this front page article in today’s edition of The New York Times.
In today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court conservatives seem skeptical of EPA’s authority for broad emissions regulation.”
In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Supreme Court weighs new limits on EPA’s power to fight climate change.”
In today’s edition of The Wall Street Journal, Jess Bravin and Timothy Puko have an article headlined “Supreme Court Hears Arguments on Limits of EPA’s Powers; Conservative justices cast case as one about how much leeway agencies have beyond explicit direction from Congress.”
John Fritze of USA Today reports that “Supreme Court wrestles with EPA authority to regulate carbon in major climate dispute.”
In commentary, Mark Joseph Stern has a jurisprudence essay titled “Biden’s Climate Agenda Gives the Supreme Court Bad Vibes; The conservative justices’ big feelings about the EPA have precious little to do with the law.”
And online at Vox, Ian Millhiser has an essay titled “The Supreme Court appears eager to gut the EPA, but can’t figure out how to do it; Turns out incoherent legal doctrines are hard to apply.”
The U.S. Supreme Court has posted online the transcript and audio of yesterday’s oral argument in West Virginia v. EPA, No. 20-1530.
“A New Supreme Court Case Could Make the Constitution Even More Optional For Immigration Officers; Egbert v. Boule gives the conservatives another chance to chip away at existing legal safeguards for violations of your rights”: Yvette Borja has this post at Balls and Strikes.
And online at Vox, Ian Millhiser has an essay titled “The Supreme Court could make it very easy for federal law enforcement to violate the Constitution; What’s the remedy if a federal official violates your constitutional rights? The answer may soon be nothing.”
“C. Boyden Gray Center Adds Paul D. Clement, Steven A. Engel, and Donald F. McGahn II as Distinguished Practitioners in Residence”: The C. Boyden Gray Center for the Study of the Administrative State at the Antonin Scalia Law School of George Mason University issued this news release today.
“KBJ, All the Way!” You can access yesterday’s episode of the “Strict Scrutiny” podcast — hosted by law professors Melissa Murray, Kate Shaw, and Leah Litman, joined by their guest, law professor Lisa Fairfax — via this link.
Now that this podcast has joined the Crooked Media empire, new episodes will be available via this link, and at least for now certain other locations where new episodes could be accessed appear to be no longer updating to include new episodes.
