“The Framers Were Big Fans of Liberty, Unlike Samuel Alito”: David H. Gans has this jurisprudence essay online at Slate.
Posted at 8:16 AM by Howard Bashman|
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Thursday, May 19, 2022
“The Framers Were Big Fans of Liberty, Unlike Samuel Alito”: David H. Gans has this jurisprudence essay online at Slate. Posted at 8:16 AM by Howard BashmanWednesday, May 18, 2022
“US Supreme Court Justices to Get Around-the-Clock Home Security; Extra protection ordered by DOJ after leaked draft opinion; Garland criticizes ‘risk of violence’ against public officials”: Chris Strohm of Bloomberg News has this report. Posted at 9:50 PM by Howard Bashman“Justice Dept. Employees Urge Administration to Grant Leave for Out-of-State Abortions; The request for federal employees to be granted time off to travel out of state for the procedure comes as large companies are starting to make accommodations in the area”: Katie Benner of The New York Times has this report. And in commentary, online at The Washington Post, Allison Gill has an essay titled “Overturning Roe would be disastrous for the U.S. military.” Posted at 9:22 PM by Howard Bashman“Do teens really have a Second Amendment right to buy assault rifles?” Columnist Charles Lane has this essay online at The Washington Post. Posted at 9:18 PM by Howard Bashman“Group Seeks Disbarment of Ted Cruz Over Efforts to Overturn 2020 Election; A group trying to hold lawyers accountable for their efforts to keep Donald Trump in power after his election loss filed a complaint against the Republican senator with the Texas bar association”: Maggie Haberman of The New York Times has this report. Posted at 9:00 PM by Howard Bashman“70 N.Y. Judges Went on a Montauk Retreat. 20 Came Down With the Virus. A judicial gathering at a seaside resort, with karaoke included, became a superspreader event.” Jonah E. Bromwich of The New York Times has this report. Posted at 8:44 PM by Howard Bashman“Dan Markel murder ‘middleman’? Conflicting portraits of Katherine Magbanua emerge in trial opener.” Jeff Burlew of The Tallahassee Democrat has this report (subscription required for access). Karl Etters of The Tallahassee Democrat has an item headlined “Dan Markel murder: Day 1 trial tick-tock of opening arguments, first witnesses.” And Peter Schorsch of Florida Politics has a report headlined “Markel Trial Day 3: Important agreements, diverging theories, and high emotion.” Posted at 7:42 PM by Howard Bashman“Texas fires back at tech industry in new Supreme Court filing; Texas attorney general Ken Paxton argues social media platforms are the ‘twenty-first century descendants of telegraph and telephone companies’ and should be regulated as ‘common carriers,’ subject to government regulation”: Cat Zakrzewski of The Washington Post has this report. And Brian Fung and Ariane de Vogue of CNN report that “Texas asks Supreme Court to keep state social media censorship law in effect.” You can access the Texas Attorney General’s filing today in the U.S. Supreme Court at this link. Posted at 5:30 PM by Howard Bashman“Ross Guberman on Conversational — Rather Than Tweet-Worthy — Legal Writing”: You can access the new episode of “The California Appellate Law Podcast,” hosted by Tim Kowal and Jeff Lewis, via this link. One of the first pieces of mail that arrived at my new office location earlier this month was an invite from Jeff Lewis to appear as a guest on this podcast, so perhaps I will be linking to my own appearance on the show in the not too distant future. Posted at 4:02 PM by Howard Bashman“Dan Markel murder: Attorneys make case on Day 1 of Magbanua retrial.” Karl Etters of The Tallahassee Democrat has this report. Posted at 2:21 PM by Howard Bashman“The Myth That Roe Broke America: The debate over abortion is an important part of the story of polarization in American politics, but it is not its genesis.” Adam Serwer has this article online at The Atlantic. Posted at 1:50 PM by Howard Bashman“How Conservative Law Professors Are Creating a Roadmap For Stealing an Election; Somehow, this absurdly warped reading of the 12th Amendment is nowhere near John Yoo’s worst idea”: James LaRock has this post at Balls and Strikes. Posted at 1:30 PM by Howard Bashman“Samuel Alito: One Angry Man; The conservative Supreme Court justice is furious with the pace of social change — and poised to do something about it on Roe and much more.” Law professor Aziz Huq has this essay online at Politico Magazine. Posted at 1:25 PM by Howard Bashman“Scoop: DHS preparing for violence following abortion ruling.” Sophia Cai and Stef W. Kight of Axios have this report. Julia Ainsley of NBC News reports that “Internal DHS memo warns about threats from extremists on both sides of abortion issue after Roe v. Wade leak; Since the Supreme Court draft opinion overturning Roe v. Wade was published May 2, at least 25 violent threats on social media have been referred to law enforcement.” And Whitney Wild of CNN reports that “DHS warns of threats against Supreme Court in wake of leaked draft Roe opinion.” Posted at 1:22 PM by Howard Bashman“Do insurers have duty to question possibly ‘abusive’ annuity cashouts?” Barbara Grzincic of Reuters has this report on a per curiam decision that a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued yesterday certifying a question to the New York Court of Appeals, that state’s highest court. Posted at 10:47 AM by Howard Bashman“D.C. Circuit Judges Decide Trump-era DOJ’s Draft Letter on Census Citizenship Question Is Not Public Record Under FOIA”: Colin Kalmbacher of Law & Crime has this post about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday. Posted at 10:30 AM by Howard Bashman“As a Matter of First Impression, Should Free Speech Protect the Right to Protest at Homes?” Michael C. Dorf has this post at his blog, “Dorf on Law.” Posted at 10:16 AM by Howard Bashman“Markel Trial Day 2: Jury seated, witness list clarified, internet chatter ramps up.” Peter Schorsch of Florida Politics has this report. And Jeff Burlew of The Tallahassee Democrat has a report headlined “Dan Markel murder: Jury seated in Katherine Magbanua murder trial.” Posted at 10:15 AM by Howard Bashman“Dan Markel murder: Katherine Magbanua trial opening arguments (Day One — May 18).” The Tallahassee Democrat is live-streaming today’s trial proceedings via this link. Posted at 10:12 AM by Howard Bashman“Illegally jailed at the Bronx Zoo? Court to weigh Happy the elephant’s rights.” Luc Cohen of Reuters has this report. Posted at 10:10 AM by Howard BashmanTuesday, May 17, 2022
“The Supreme Court’s History of Protecting the Powerful: Laurence Tribe discusses the leaked Alito draft, the inherent politics of the judicial branch, and how to behave on Twitter.” Isaac Chotiner has this Q&A online at The New Yorker. Posted at 7:30 PM by Howard Bashman“A Conversation with Chief Judge Sutton”: You can access the new episode of the “Advisory Opinions” podcast, featuring David French and Sarah Isgur, via this link. Posted at 5:07 PM by Howard Bashman“Judge stops enforcement of Michigan’s abortion ban if Roe overturned; Nessel won’t appeal”: Beth LeBlanc of The Detroit News has this report. Posted at 5:03 PM by Howard Bashman“Jackson’s first Supreme Court clerks include judiciary workplace reform advocate”: Nate Raymond of Reuters has this report. Posted at 5:00 PM by Howard Bashman“Motives, codewords, wiretaps and persistence: Backstory of Charlie Adelson’s arrest.” Peter Schorsch of Florida Politics has this report. Posted at 4:51 PM by Howard Bashman“Supreme Court Takes Clinic Case on Challenges to Convictions”: Mike Fox of the University of Virginia School of Law has this report. The involvement of UVA Law’s Supreme Court Litigation Clinic in this case has proved controversial (see, e.g., here and here). Posted at 2:44 PM by Howard Bashman“The Antiscience Supreme Court Is Hurting the Health of Americans; Justice Alito’s leaked opinion signaling an end to Roe is the latest in a broad trend of rejecting science and expertise”: Law professor Wendy E. Parmet has this essay online at Scientific American. Posted at 2:40 PM by Howard Bashman“The Indian Commerce Clause: The Natelson/Ablavsky Debate.” Will Baude has this post at “The Volokh Conspiracy.” Posted at 2:35 PM by Howard Bashman“Hill Dems back-burner Ginni Thomas even as Supreme Court grabs national attention; Justice Clarence Thomas’ wife pushed false election subversion claims — and played a key role in anti-abortion messaging; But she’s not top of mind lately”: Nicholas Wu and Kyle Cheney of Politico have this report. Posted at 2:33 PM by Howard Bashman“Was it Ever Really Roberts’ Court?” Adam Feldman has this post at his “Empirical SCOTUS” blog. Posted at 2:30 PM by Howard Bashman“What abortion rights advocates are planning if Roe falls; Attorneys and advocates are exploring options beyond lawsuits, including using strategies once relied on by their foes”: Alice Miranda Ollstein and Laura Barrón-López of Politico have this report. Posted at 2:28 PM by Howard Bashman“Dan Markel murder: Jury selection continues in Katherine Magbanua murder trial.” Jeff Burlew of The Tallahassee Democrat has this report. And Julie Montanaro of WCTV reports that “Wendi Adelson’s attorney says she intends to plead the fifth, asks judge to quash defense subpoena.” Posted at 2:25 PM by Howard Bashman“Supreme Court Clerk Hiring Watch: The Jackson Four; Here’s the first class of clerks to the soon-to-be Justice Jackson — and other SCOTUS clerk updates.” David Lat has this post at his “Original Jurisdiction” Substack site. Posted at 11:42 AM by Howard Bashman“The problem in this case can be boiled down to the fact that the District Court dismissed a removed case rather than remanding it back to state court when it did not have subject matter jurisdiction because the plaintiffs lacked standing.” So ruled the U.S. Court of Appeals for the Eleventh Circuit yesterday in a suit challenging Pensacola’s decision to remove a Confederate cenotaph (a monument standing 50 feet tall) from one of the city’s parks. Posted at 10:40 AM by Howard Bashman“Court rules against regents in lawsuit over messages about ‘ASU COVID parties'”: Howard Fischer of The Arizona Daily Star has this report on an unpublished decision that the U.S. Court of Appeals for the Ninth Circuit issued Friday. Posted at 10:33 AM by Howard Bashman |
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