“Republican Senators Seem Pretty Fired Up to Get Rid of Some Civil Rights; Some of the ‘questions’ posed to Ketanji Brown Jackson are thinly-veiled previews of where conservatives hope the Supreme Court will take the law in the years to come”: Lisa Needham has this post at Balls and Strikes.
“Kagan, Biden, Clinton and Other Friends of Walter Dellinger Pay Tribute; In a virtual service honoring the late Walter Dellinger, President Joe Biden declared him as ‘the protector of American democracy,’ and Justice Elena Kagan praised him as a ‘clear-eyed optimist'”: Tony Mauro has this post at his “The Marble Palace Blog.”
“Does Ketanji Brown Jackson Think Babies Are Racist And Other Not Exactly On Point Questions From The US Senate; From being asked if babies are racist to how religious she is on a scale of 1 to 10”: Paul McLeod of BuzzFeed News has this report.
“GOP’s 2024 contenders leap into Supreme Court spotlight; A quartet of Republican presidential hopefuls aren’t afraid to use their Judiciary Committee lecterns to audition for presidential runs”: Burgess Everett of Politico has this report.
“Marsha Blackburn Lectures First Black Woman Nominated to Supreme Court on ‘So-Called’ White Privilege; The Republican from Tennessee suggested to Ketanji Brown Jackson that it’s merely a coincidence that only 2 of America’s 114 Supreme Court justices have been Black”: Ryan Bort of Rolling Stone has this report.
“Ted Cruz was right: Babies are super racist. A Supreme Court nominee should know that. Supreme Court nominee Ketanji Brown Jackson dodged Cruz’s racist baby question. But when is the last time you heard a baby denounce racism? Never. They’re silent on the issue.” Rex Huppke has this essay online at USA Today.
“Supreme Court Nominee Jackson’s Support Tied for Highest”: Jeffrey M. Jones of Gallup has this report.
And Ariel Edwards-Levy of CNN reports that “Most Americans say it’s important for the Supreme Court to look like the country as a whole.”
“Braun walks back remarks criticizing SCOTUS ruling that legalized interracial marriage”: Caroline Vakil of The Hill has this report.
“Is Corpus Linguistics About To Have A Moment?” Caroline Simson of Law360 has this news analysis (subscription required for access) in which I am quoted.
At 10 a.m. eastern time today, the U.S. Supreme Court will hear oral argument in ZF Automotive US Inc. v. Luxshare Ltd., No. 21-401. C-SPAN plans to stream the oral argument live online via this link.
“Ketanji Brown Jackson’s Biggest Strength and Greatest Weakness”: Dahlia Lithwick has this jurisprudence essay online at Slate.
Also online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Ketanji Brown Jackson’s Shrewd Tactic to Win Conservative Praise: We are all originalists now.”
“Judging a Judge on Race and Crime, G.O.P. Plays to Base and Fringe; Grilling Ketanji Brown Jackson, the first Black woman nominated to the Supreme Court, conservative senators painted her as a jurist who had coddled criminals and embraced ‘woke’ education”: Jonathan Weisman and Jazmine Ulloa of The New York Times have this news analysis.
And Siobhan Hughes of The Wall Street Journal reports that “Ketanji Brown Jackson Steps Around GOP Criticism; Under questioning from senators, Supreme Court nominee responds to Republican suggestions that she has expansive view of judicial power, has been soft on crime.”
“Longtime immigrant advocate is first Latina confirmed to California Supreme Court”: Bob Egelko of The San Francisco Chronicle has this report.
And Maria Dinzeo of Courthouse News Service reports that “Justice Patricia Guerrero confirmed to California Supreme Court; Justice Guerrero dedicated her nomination to her mother, saying she hoped her appointment ‘in some way can serve as a tribute to her.’“
“Ketanji Brown Jackson Likes America; Progressives could learn something from how the Supreme Court nominee talks about her country”: The Wall Street Journal has published this editorial.
“Sen. Marsha Blackburn criticizes 1965 Supreme Court ruling on birth control access”: Melissa Brown of The Tennessean has this report.
“The looming influence of state supreme courts”: Columnist Katrina vanden Heuvel has this essay online at The Washington Post.
“High court nominee Ketanji Brown Jackson exudes competence, says Judge Selya”: This audio segment appeared on today’s broadcast of NPR’s “Morning Edition.”
Earlier, Edward Fitzpatrick of The Boston Globe reported that “Supreme Court nominee Judge Ketanji Brown Jackson reminds others of Ruth Bader Ginsburg; ‘I see some of the same qualities in Ketanji that I saw in Ruth,’ said first circuit court of appeals Judge Bruce M. Selya, for whom Jackson clerked in 1997-1998; ‘Some people have the capacity to inspire by example and the force of their reason.’”
Katie Mulvaney of The Providence Journal had an article headlined “Here’s what RI’s legal community says about Supreme Court nominee Ketanji Brown Jackson.”
And Sarah Doiron of Providence, Rhode Island’s WPRI had a report headlined “‘A terrific addition’: Biden’s Supreme Court nominee worked alongside RI judge.”
“U.S. Sen. Mike Braun: SCOTUS should leave abortion, interracial marriage to states.” Brandon Smith of NPR affiliate WFYI of Indianapolis has this report.
“Mob Rule and Cancel Culture at Hastings Law School; Will the woke students who screamed obscenities and physically confronted me face any discipline?” Ilya Shapiro has this essay online at The Wall Street Journal.
“The Supreme Court May Soon Shut Down the Regulatory State. Let’s Use It While We Still Can. Progressive Democrats are right to call for more aggressive use of regulatory powers. But like the Democrats’ congressional majorities, these may not last forever.” Timothy Noah has this essay online at The New Republic.
“Senator Hawley’s Disingenuous Attack against Judge Jackson’s Record on Child Pornography”: Andrew C. McCarthy has this essay online at National Review.
“High History and Low Politics on Day One of Judge Ketanji Brown Jackson’s Confirmation Hearing; Voices from the G.O.P.’s far-right wing appeared determined to use the hearing for both their pursuits in the culture war and their own political ambitions”: John Cassidy has this post online at The New Yorker.
“Are We Finally Ready to Hold Federal Judges Accountable for Workplace Harassment? Despite the judiciary’s insistence that internal procedures have changed, the allegations have not.” Dahlia Lithwick has this jurisprudence essay online at Slate.
In posts of interest at “PrawfsBlawg”: Howard Wasserman has a post titled “Exclusivity and personal rights in bounty litigation.”
And Paul Horwitz has a post titled “A Scandal or an Extremist/Utterly Brilliant and Wonderful.”
“When Professors’ Speech Is Disqualifying: Should academic freedom really protect those who make false and morally repellent claims? It’s time for a rethink.” Professors Michael Bérubé and Jennifer Ruth have this essay online at The New Republic.
“From Federal Judge To . . . Romance Novelist? Judge J. Harvie Wilkinson — esteemed jurist, former SCOTUS shortlister, feeder judge extraordinaire — opens up about his latest, rather unorthodox project.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Ketanji Brown Jackson Has Republican Senators Sounding Shook; Monday’s opening statements do not bode well for lawmakers intent on opposing Jackson’s confirmation”: Yvette Borja has this post at Balls and Strikes.
“The Long Arc of Ketanji Brown Jackson: Justice Thomas’s hospitalization is a reminder of the stakes at the Supreme Court.” This editorial will appear in Tuesday’s edition of The Wall Street Journal.
“What we know about Justice Clarence Thomas’ hospitalization”: Jessica Gresko and Mark Sherman of The Associated Press have this report.
“Appeals court rules letter that allegedly shows MLB hid Yankees’ sign stealing should be unsealed”: Brendan Kuty of The Newark (N.J.) Star-Ledger has this report.
Ronald Blum of The Associated Press reports that “Appeals court orders Manfred letter to Yankees unsealed.”
Jonathan Stempel of Reuters reports that “DraftKings bettors lose appeal over Astros, Red Sox baseball sign-stealing.”
Peter Hayes of Bloomberg Law reports that “MLB, Astros, Red Sox Win DraftKings Players Sign Stealing Appeal.”
And Josh Russell of Courthouse News Service has an article headlined “End of the road for disgruntled fantasy sports players suing MLB; General awareness of corruption in professional sports forecloses baseball fans from suing over the 2017 cheating scandal.”
You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“Texas’s strict new abortion law has eluded multiple court challenges; Abortion rights advocates think they have a new path to get it blocked; The new strategy is a response to attacks by antiabortion groups on organizations raising money to help low-income patients get access to abortions”: Caroline Kitchener of The Washington Post has this report.
“Jackson Vows to Be Independent on Supreme Court if Confirmed; On the first day of Judge Ketanji Brown Jackson’s confirmation hearings, Republican senators began previewing attack lines accusing her of being soft on crime”: Katie Rogers of The New York Times has this report. And Linda Qiu of The New York Times reports that “Attacks on Judge Jackson’s Record on Child Sexual Abuse Cases Are Misleading; Republican lawmakers criticizing the Supreme Court nominee have taken the judge’s remarks and sentencing decisions out of context, distorting her record.”
Seung Min Kim, Ann E. Marimow, and Aaron C. Davis of The Washington Post report that “Ketanji Brown Jackson pledges independence and neutrality in Supreme Court confirmation hearing.”
David G. Savage and Nolan D. McCaskill of The Los Angeles Times report that “Supreme Court nominee Ketanji Jackson vows to defend the Constitution and equal justice under law.”
Jess Bravin of The Wall Street Journal reports that “Ketanji Brown Jackson Stresses Continuity at Supreme Court; Biden’s first nominee for high court cites Justice Breyer as role model after senators aired partisan differences at her confirmation hearings.”
Alex Swoyer and Stephen Dinan of The Washington Times report that “Judge Jackson makes early overtures to Republicans during confirmation hearing; Supreme Court nominee tries to preempt arguments that she would be an activist liberal voice on bench.”
And Josh Gerstein and Marianne LeVine of Politico report that “Kavanaugh tensions simmer behind low-key opening to Jackson hearings; Republicans plan to press the Supreme Court pick on child pornography sentencing and court expansion; And they’re clearly not over previous judicial wounds.”
“Go Down Clutching the Constitution”: On today’s episode of the “Strict Scrutiny” podcast, Rebecca Nagle — host of the excellent “This Land” podcast — joins law professors Leah Litman and Kate Shaw.
“Republicans are right to oppose Ketanji Brown Jackson”: Columnist Henry Olsen has this essay online at The Washington Post.
“Was This the First Day of Ketanji Brown Jackson’s Nomination Fight or the Fifth Year of Brett Kavanaugh’s?” Jim Newell has this jurisprudence essay online at Slate.
“An Open Letter To Yale Law Dean Heather Gerken: As dean, it’s better to be feared than loved — and it’s time to strike fear into the hearts of free-speech opponents.” David Lat has this post at his “Original Jurisdiction” Substack site.