“The Gap nixes Exchange Act derivative claims via forum selection — 9th Circ.” Alison Frankel’s “On the Case” from Reuters has this post about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued Friday.
“Court rules COVID restrictions impeded a Bay Area man’s right to a public trial, overturns gun conviction”: Bob Egelko of The San Francisco Chronicle has this report.
And Kevin Rector of The Los Angeles Times reports that “U.S. appeals court vacates gun conviction because COVID rules had closed trial to the public.”
You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“No mask mandates in Iowa schools, for now, court rules; exceptions could be made in future”: Ian Richardson of The Des Moines Register has this report on a per curiam decision that the majority on a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued yesterday.
“Why Do the Supreme Court Leak and Protests Matter? It’s part of a larger crisis of perceived legitimacy.” Patterico has this post at his “The Constitutional Vanguard” Substack site.
“Dan Markel murder trial: Jury Selection Day 2.” The Tallahassee Democrat is live-streaming on YouTube via this link today’s courtroom proceedings in the retrial of Katherine Magbanua.
“Rational Basis Scrutiny?” Sherry F. Colb has this blog post at “Dorf on Law.”
“Where, If Anywhere, Should People Protest Judicial Decisions?” Law professor Michael C. Dorf has this essay online at Justia’s Verdict.
“The People Who Promised Roe Was Safe Are Already Selling Their Next Bridge”: Dahlia Lithwick has this jurisprudence essay online at Slate.
“Supreme Court Rules for Ted Cruz in Campaign Finance Case; The Texas senator challenged a federal law that put a $250,000 cap on repayments of candidates’ loans to their campaigns using postelection contributions”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court agrees with Cruz, strikes campaign contribution limit.”
David G. Savage of The Los Angeles Times reports that “Supreme Court rules for Ted Cruz, strikes down limit on post-election gifts to winners.”
Jess Bravin of The Wall Street Journal reports that “Supreme Court Sides With Sen. Ted Cruz, Striking Down Campaign-Finance Regulation; Conservative 6-3 majority finds that limit on repaying campaign loans weeks after Election Day infringes on free speech.”
John Fritze of USA Today reports that “Supreme Court sides with Sen. Ted Cruz in fight over federal campaign loan repayment limits.”
And Alex Swoyer of The Washington Times report that “Supreme Court sides with Sen. Ted Cruz in FEC case.”
“Supreme Court splits in deportation case, says judiciary has limited role; Justice Amy Coney Barrett wrote for most of the court’s conservatives, but Justice Neil Gorsuch joined the liberals in dissent”: Robert Barnes of The Washington Post has this report.
Stephen Dinan of The Washington Times reports that “Supreme Court limits the ability of illegal immigrants to appeal deportation decisions.”
Ariane de Vogue of CNN reports that “Supreme Court limits review of factual disputes in immigration cases.”
And Kimberly Strawbridge Robinson of Bloomberg Law reports that “Supreme Court Sides with US in Immigration Dispute Over Review.”
“Alito says overturning Roe gives women a voice on abortion. In the South, it’s not that simple. If Roe v. Wade falls, states will determine abortion access. Civil rights advocates say places with the tightest restrictions are also some of the toughest places to vote.” Bracey Harris of NBC News has this report.
“For Justice Thomas, the Roberts court is more feud than family”: Columnist Ruth Marcus has this essay online at The Washington Post.
“Judge, attorneys in Katherine Magbanua Retrial sift through 100 potential jurors”: Jada Williams of WTXL has this report.
And Peter Schorsch of Florida Politics has a post titled “Markel Trial Day 1: Civics lessons, sealed motions, and evolving witness lists.”
The Tallahassee Democrat has posted on YouTube the video of the first day of proceedings titled “Dan Markel murder: The jury selection and trial of Katherine Magbanua.”
In Dobbs v. Jackson Women’s Health Org., ERA-NC Alliance seeks leave to file amicus brief addressing the leaked U.S. Supreme Court draft opinion: You can access online both the organization’s letter motion for an extension of time and the organization’s motion for leave to file amicus brief.
I’m just a bit surprised that two weeks have gone by since the leak and no one else has sought to file anything about it in the Dobbs case itself. Perhaps they’re content to communicate with the Court via the “How Appealing” blog.
“Samuel Alito’s ‘Amelia Bedelia’ Reading of the Constitution; What the Supreme Court Justice’s leaked draft opinion on abortion reveals about originalism”: Fabio Bertoni recently had this Daily Comment online at The New Yorker.
“States pursue extreme restrictions in crafting post-Roe abortion law”: Amy B Wang and Caroline Kitchener of The Washington Post have this report.
“The Post-Roe Battleground for Abortion Pills Will Be Your Mailbox; If regulation of abortion access falls to the states, it will unleash legal havoc over pregnancy-ending medications that are shipped across state lines”: Maryn McKenna of Wired has this report.
Aria Bendix of NBC News reports that “Getting abortion pills by mail is already more complicated than it might seem; Most states have at least one restriction on medication abortion beyond FDA rules; Overturning Roe v. Wade would further limit access.”
Christina Cauterucci of Slate has a report headlined “There’s Already a Revolution in Abortions Happening — and the Supreme Court Can’t Touch It.”
Laurel Wamsley of NPR as a report headlined “How medication abortion works and what the end of Roe v. Wade could mean for it.”
Amy Littlefield of The Nation has a report headlined “The Fight for Abortion After Roe Falls; It will be a battle with 50 different fronts.”
The Boston Globe has published an editorial titled “Make abortion pills available over the counter: In a post-Roe world, American women will need easier access to ‘medication abortion.’”
And online at Bloomberg Opinion, Lisa Jarvis has an essay titled “If States Can Ban Abortion, How About Abortion Pills? In a Q&A, law professor Greer Donley makes the case for broad access to medication abortion, no matter the fate of Roe v. Wade.”
“Dividing on Ideological Lines and Breaking Little New Ground in FEC v. Cruz, Supreme Court Strikes Down Another Part of McCain-Feingold law”: Rick Hasen has this post at his “Election Law Blog.”
“Pro Bono Is Broken: Law firms love to tout the work they do for people who could not otherwise afford it; But pro bono work is rarely as impactful as proponents claim.” Steve Kennedy has this post at Balls and Strikes.
“Fishkin on dissent: The transcendent importance of the Thirteenth Amendment.” Sandy Levinson has this post at the “Balkinization” blog.
“‘Conspiracy to murder’: Jury selection goes behind closed doors in Katherine Magbanua retrial.” Jeff Burlew of The Tallahassee Democrat has this report.
“The Supreme Court at a Crossroads”: I (along with apparently many others) somehow missed out on my opportunity to view this program, moderated by Kannon Shanmugam and hosted by the Harvard Law School Association of Washington, DC, when it originally aired live on Zoom, and I cannot find any link for on-demand viewing now.
It is therefore at least some consolation to know that YouTube provides on-demand access to a much younger Kannon Shanmugam presenting oral argument at the 1998 Ames Moot Court Competition.
“What’s next in a post-Roe world”: On today’s new episode of the “Strict Scrutiny” podcast, law professors Kate Shaw and Leah Litman speak with professor Diana Greene Foster and law professor Greer Donley.
“After the Failed Senate Bill on Abortion: If the Democratic response to Justice Alito’s draft opinion was largely rhetorical, was it also a missed opportunity?” Jill Lepore has this Comment in the May 23, 2022 issue of The New Yorker.
“Lawyers for Radical Change: The legal profession, once a guardian of republican government, is now a force for social upheaval.” Law professor John O. McGinnis has this article in the Spring 2022 issue of City Journal.
“The retrial of Katherine Magbanua begins Monday in Leon County”: Gina Jordan of WFSU Public Media has this report.
And Peter Schorsch of Florida Politics has a post titled “Markel Trial Day 1: Jury selection begins, and Florida Politics is on the scene.”
“McGirt ruling becomes issue in race to succeed Oklahoma Sen. Jim Inhofe”: Chris Casteel of The Oklahoman has this report.
Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in two argued cases.
1. Justice Amy Coney Barrett delivered the opinion of the Court in Patel v. Garland, No. 20-979. Justice Neil M. Gorsuch issued a dissenting opinion, in which Justices Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.
2. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Federal Election Comm’n v. Ted Cruz for Senate, No. 21-12. Justice Kagan issued a dissenting opinion, in which Justices Breyer and Sotomayor joined. You can access the oral argument via this link.
“Abortion in the Founders’ era: Violent, chaotic and unregulated.” Gillian Brockell has this “Retropolis” article in today’s edition of The Washington Post.
“Ketanji Brown Jackson on being a ‘first’ and why she loves ‘Survivor’; The justice-designate spoke with The Post about her career, values and historic confirmation to the high court”: Roxanne Roberts of The Washington Post has this report.
“Judges accused of sex discrimination, bullying, internal survey shows”: Ann E. Marimow of The Washington Post has an article that begins, “One federal appeals court judge in D.C. has hired only male law clerks for the past two decades. Another judge allegedly refused to speak to a staffer for weeks after a child-care emergency caused the assistant to depart work early one day. Others are said to have reduced their employees to tears by yelling or making cruel comments about the quality of their work.”
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in two cases and called for the views of the Solicitor General in two cases.
“Oklahoma voters could be asked to change state Supreme Court nominating process”: Ben Felder of The Oklahoman has this report.
“Sorry, Democrats, there is no Supreme Court ‘legitimacy’ crisis”: Columnist Jason Willick has this essay online at The Washington Post.
“When a Right Becomes a Privilege: The main difference between the women who will make it to an abortion provider in a post-Roe world and those who won’t? Money.” Melissa Jeltsen has this essay online at The Atlantic.