“Ninth Circuit throws out vaccine mandate for California prison guards; The court overturned a judge’s finding that the state’s vaccination policy for prison staff amounted to deliberate indifference to inmates’ health”: Edvard Pettersson of Courthouse News Service has this report on an unpublished opinion that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
And in other coverage, Bob Egelko of The San Francisco Chronicle reports that “California does not have to require prison workers to get COVID vaccines, court rules.”
“Being a Lawyer Doesn’t Make You Immune From Criticism; Most lawyers make choices about who to represent, and how, and why; They should be held accountable for those choices”: Law professor G.S. Hans has this post at Balls and Strikes.
“Neil Gorsuch Has Been Planning a Reactionary Revolution For a Long Time; As a federal appeals court judge in 2016, Gorsuch laid out how he’d help deconstruct the administrative state — if only a Republican president would promote him”: Joel Jacobsen has this post at Balls and Strikes.
“The Roberts Court and the Erasing of the Establishment Clause”: Eric Segall has this blog post at “Dorf on Law.”
“In sequel to McGirt, justices will again review scope of state prosecutorial power in Indian country”: Matthew L.M. Fletcher has this post at “SCOTUSblog.”
“Ketanji Brown Jackson Won’t Lose Her Seat If Breyer ‘Unretires’; The sitting Supreme Court justice is now contractually obligated to step down”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.
“Supreme Court Leans Toward Coach in Case on School Prayer; Members of the court’s conservative majority indicated that the coach, Joseph A. Kennedy, had a constitutional right to kneel and pray at the 50-yard line after games”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court majority sympathetic to coach who prayed at midfield; But questions about Joe Kennedy’s actions and the school district’s reasons for disciplining him might lead to narrow resolution.”
David G Savage of The Los Angeles Times reports that “Supreme Court conservatives lean toward allowing football coach’s postgame prayers.”
Jess Bravin of The Wall Street Journal reports that “Supreme Court Mulls Impact of High School Coach’s 50-Yard-Line Prayers; Justices weigh whether public praying ritual put pressure on players to join coach, in case that could reset boundary between church and state on campus.”
John Fritze of USA Today reports that “Supreme Court appears sympathetic to high school football coach ousted after midfield prayers; Associate Justice Elena Kagan, part of the court’s liberal wing, questioned whether players felt any pressure to join the coach’s religious expression.”
And Alex Swoyer of The Washington Times reports that “Supreme Court appears split ideologically over school-prayer dispute after coach was fired.”
The U.S. Supreme Court has posted online the transcript and audio of today’s oral argument in Kennedy v. Bremerton Sch. Dist., No. 21-418.
“2 Parents Appeal Their Convictions in Varsity Blues Scandal; The business executives John B. Wilson and Gamal Abdelaziz each received a long sentence, but in appeals, their lawyers say the key claim against them is legally flawed”: Stephanie Saul of The New York Times has this report.
“No Matter How You Feel About Masks, You Should Be Alarmed by This Judge’s Decision”: Lawrence Gostin and Duncan Hosie have this essay online at The New York Times.
“Who Ended the Travel Mask Mandate? A Vaccine Critic, a Florida Judge and 2 Anxious Travelers. The mask rule on planes and public transportation has been targeted by the travel industry and Republican lawmakers. In the end, it was brought down by a little-known nonprofit, a conservative judge and chance.” Heather Murphy and Charlie Savage will have this article in Tuesday’s edition of The New York Times.
“Prayer Shouldn’t Be a Firing Offense; I ask the Supreme Court to uphold my right to thank God after football games”: Joe Kennedy will have this op-ed in Tuesday’s edition of The Wall Street Journal.
“Orrin Hatch, Seven-Term Senator and a Republican Force, Dies at 88; Overcoming poverty and representing Utah, he became a powerful figure in Washington, helping to build a conservative majority on the Supreme Court”: This obituary, written by Robert D. McFadden, appears in today’s edition of The New York Times.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in two new cases.
“Judicial Notice (04.23.22): No Joke; A significant free-speech ruling, a massive malpractice lawsuit, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.
“The Hazard-Filled Ruling on the Transportation Mask Mandate; The judicial order, which inspired social-media videos of people gleefully unmasking on airplanes, was sudden and startlingly broad”: Amy Davidson Sorkin has this Daily Comment online at The New Yorker.
“High-School Football Coach Takes Case for Prayer to Supreme Court; If successful, the case could help reset the line between church and state”: Jess Bravin of The Wall Street Journal has this report.
“Coach’s Prayers Prompt Supreme Court Test of Religious Freedom; Joseph Kennedy, a football coach at a public high school in Washington State, lost his job after praying on the 50-yard line after games”: Adam Liptak has this front page article in today’s edition of The New York Times.
“The mask mandate decision shows how Trump reshaped the judiciary; A 35-year-old judge takes anti-regulatory logic to a new level”: Law professor Leah Litman — whose own age, according to online sources, might not be all that far from 35 — has this essay online at The Washington Post.
“Metropolitan Police: Boulder man dies after setting himself on fire in Washington, D.C.” Kelsey Hammon of The Longmont (Colo.) Times-Call has this report.
“Argument By Slogan”: Online at the Harvard Journal of Law & Public Policy, law professors Conor Casey and Adrian Vermeule have this essay responding to Eleventh Circuit Chief Judge William H. Pryor Jr.‘s recent critique of common good constitutionalism.
“Ten Questions for Adrian Vermeule or How Scary is Common Good Constitutionalism?” Eric Segall has this blog post at “Dorf on Law.”
“The Unrecognized Vitality of State Constitutionalism: How do the state constitutions differ from one another and from the U.S. Constitution?” At the “Law & Liberty” blog, James R. Rogers has this review of Sixth Circuit Chief Judge Jeffrey S. Sutton‘s newest book, “Who Decides? States as Laboratories of Constitutional Experimentation.”
“Clarence Thomas’ Jurisprudence Is Only Getting More Chaotic; The justice’s attack on a landmark school desegregation case is the latest illustration of his erratic extremism”: Mark Joseph Stern has this jurisprudence essay online at Slate.
“The Dan Markel Case: Charlie Adelson, Arrested; Enhanced audio recordings featuring Adelson are very, very interesting.” David Lat has this post at his “Original Jurisdiction” Substack site.
“The U.S. Appealed to Reinstate Masks. But Is It Seeking to Win? The administration’s actions suggest either a botched case or a shrewd play for time as it gives up on the mask order but hopes to erase an adverse ruling, legal experts said.” Charlie Savage and Sharon LaFraniere have this news analysis in today’s edition of The New York Times.
“Eleventh Circuit Strikes Down Univ. of Central Florida’s ‘Discriminatory Harassment’ Speech Code”: Eugene Volokh has this post at “The Volokh Conspiracy” about a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
“Supreme Court Rules on Stolen Art, Signs and Puerto Rico’s Status; The justices addressed federal benefits in Puerto Rico, an effort to reclaim an Impressionist masterpiece and whether the First Amendment allows some billboard regulations”: Adam Liptak will have this article in Friday’s edition of The New York Times.
Robert Barnes of The Washington Post has articles headlined “High court rules Congress can exclude Puerto Ricans from aid program” and “Supreme Court rules against shackled prisoner seeking new trial; The justices decide other low-profile cases as well, including the proper venue for a legal fight over art turned over to the Nazis.”
David G. Savage of The Los Angeles Times reports that “Supreme Court rules for California family seeking Pissarro painting looted by Nazis.”
Bob Egelko of The San Francisco Chronicle reports that “Supreme Court says U.S. courts should hear California man’s attempt to reclaim Pissarro painting stolen by Nazis.”
Jess Bravin of The Wall Street Journal reports that “Supreme Court Affirms Congress’ Power to Deny Puerto Ricans Some Benefits; In separate case, the court sided with localities that regulate billboards to diminish visual blight.”
And from Courthouse News Service, Kelsey Reichmann has articles headlined “Puerto Ricans seeking federal disability benefits strike out at Supreme Court; Because they don’t pay the same federal taxes, Puerto Ricans can’t get the same benefits, the Supreme Court found“; “Supreme Court revives fight over Pissarro painting stolen by Nazis; The unanimous decision advances an international tug-of-war over a French impressionist painting surrendered to the Nazis by its Jewish owner to secure her family’s safe passage out of pre-war Germany“; and “High court sets more hoops for habeas relief; The decision against a man who was put in shackles at trial spurred dissenting liberal justices to chastise what they see as a ‘pointless demand.’” Rose Wagner reports that “High court rules Texas billboard law doesn’t violate First Amendment; The decision reverses a Fifth Circuit ruling that found Austin’s sign regulations were a content-based violation of the First Amendment.” And Alexandra Jones reports that “Justices rule against IRS in taxpayer suit over deadlines; Justice Amy Coney Barrett penned the unanimous opinion that found the IRS’s argument against equitable tolling ‘misses the mark.’”
The U.S. Supreme Court today issued five decisions in argued cases, and you can access them via this link.
“Supreme Court takes up case of a coach and his prayers on 50-yard line; Joseph Kennedy’s case brings questions about the ability of public employees to live out their faith while on duty and the government’s responsibility to protect schoolchildren from coercion”: Robert Barnes of The Washington Post has this report.
“Judge puts temporary hold on Kentucky abortion law, clearing way for services to resume”: Deborah Yetter of The Louisville Courier Journal has this report.
Alex Acquisto of The Lexington Herald-Leader reports that “Judge temporarily blocks enforcement of KY’s new abortion law a week after it passed.”
And Laura Kusisto of The Wall Street Journal reports that “Judge Temporarily Blocks Enforcement of Kentucky’s New Abortion Restrictions; State so far has made it impossible for abortion providers to comply with law, judge finds.”
“Supreme Court considers whether high school football coach has right to pray on the field”: Mark Walsh has this report online at ABA Journal.
And Kelsey Reichmann of Courthouse News Service reports that “Football coach at Supreme Court could tip return of prayer in public schools; With 60 years of precedent on the line, the justices will hear a challenge to the restraints on how public school officials practice their faith.”
“After years of suspicion, South Florida dentist charged in murder of FSU professor Dan Markel”: David Ovalle of The Miami Herald has this report.
“Dan Markel murder: Charlie Adelson arrested on murder charges in Broward County.” Karl Etters of The Tallahassee Democrat has this report.
And Grace Pateras and Karl Etters of The Tallahassee Democrat have an article headlined “Charlie Adelson arrested: Latest twist in the 2014 murder-for-hire case of FSU professor Dan Markel.”
“After Supreme Court Win, the Navy Has Reassigned Destroyer Skipper Who Refused Vaccine”: Konstantin Toropin of Military.com has this report.
“Judicial commission finds no wrongdoing by Arkansas Supreme Court Justice Rhonda Wood, dismisses complaint”: Bill Bowden of The Arkansas Democrat-Gazette has this report.
And Debra Hale-Shelton of Arkansas Times reports that “State Supreme Court Justice Wood cleared of ethics allegations.”
“McConnell slams president behind ‘court-packing’ panel for completing Jackson appointment before Breyer leaves; White House says Jackson not formally a justice until Breyer departs and she is sworn in”: Brooke Singman of Fox News has this report.
