“The Supreme Court embraces originalism — and all its flaws”: David Cole has this essay online at The Washington Post.
And online at The Los Angeles Times, Cole has an essay titled “The Supreme Court is not accountable to the people. So what can check its power?“
“What Are Progressive Movement Judges, and Why Aren’t There More Of Them? The Biden administration has the chance to appoint life-tenured judges who understand the situations of marginalized people; But time is running out.” Brandon Hasbrouck has this post at Balls and Strikes.
“Why codifying Roe will land right back at the Supreme Court”: Law professor Victoria Nourse has this essay online at CNN.
“The conservative Supreme Court is just getting warmed up; Affirmative action, voting rights and state power over elections are on the line next”: Josh Gerstein and Alexander Ward of Politico have this report.
And Sabrina Willmer of Bloomberg News reports that “Harvard Affirmative Action, Gay Rights Cases Are Next Up at Supreme Court.”
“Supreme Court orders Ninth Circuit to reconsider California’s ban on large gun magazines in light of new ruling”: Bob Egelko of The San Francisco Chronicle has this report.
“State of the Fifth Circuit Address — Jackson Federalist Society Chapter”: Law professor Josh Blackman has posted this video on YouTube of his recent talk on this subject.
“State constitution does not include abortion rights, Ohio Attorney General Dave Yost says in response to lawsuit seeking to delay heartbeat bill”: Laura Hancock of The Cleveland Plain Dealer has this report.
The Supreme Court of Ohio provides access to the filings in the case via this link.
“Supreme Court Sides With Biden’s Efforts to End ‘Remain in Mexico’ Program; The program, adopted during the Trump administration, requires some migrants to wait in Mexico while their cases are heard”: Adam Liptak, Miriam Jordan, and Eileen Sullivan of The New York Times have this report.
Robert Barnes of The Washington Post reports that “Supreme Court clears Biden to end Trump’s ‘Remain in Mexico’ policy; The vote was 5 to 4, with Chief Justice John G. Roberts Jr. writing the majority opinion for himself, Justice Brett M. Kavanaugh and the court’s three liberals.”
David G. Savage of The Los Angeles Times reports that “Supreme Court rules Biden can end Trump’s ‘Remain in Mexico’ policy.”
Jess Bravin of The Wall Street Journal reports that “Supreme Court Rules Biden Can End Trump-Era ‘Remain in Mexico’ Policy; Policy denies U.S. entry to Central Americans seeking asylum while their claims are pending.”
John Fritze of USA Today has a report headlined “Supreme Court: Biden may end Trump-era ‘remain in Mexico’ policy for migrants; In a rare win for the Biden administration, the Supreme Court said officials followed the law when they unwound the Trump policy.”
And Stephen Dinan of The Washington Times reports that “Supreme Court says DHS has power to end Trump’s ‘Remain in Mexico’ border policy.”
“Justice Stephen Breyer Retires; Conservatives might miss the pragmatic liberal Supreme Court Justice”: The Wall Street Journal has published this editorial.
“Sotomayor sounds off on 6 civil rights cases sent to high court dustbin; The Obama appointee is the author of half a dozen opinions related to denied cases that close out the Supreme Court’s term”: Rose Wagner of Courthouse News Service has this report.
“Why Today Felt Like the Most Hopeless Day of the SCOTUS Term”: Mark Joseph Stern has this jurisprudence essay online at Slate.
“E.P.A. Ruling Is Milestone in Long Pushback to Regulation of Business; The decision created greater opportunities for business interests to challenge regulations, reflecting conservative legal theories developed to rein in administrative agencies”: Charlie Savage of The New York Times has an article that begins, “The Supreme Court ruling in the Environmental Protection Agency case on Thursday was a substantial victory for libertarian-minded conservatives who have worked for decades to curtail or dismantle modern-style government regulation of the economy.”
“Supreme Court Marks New Era of Ambitious Conservatism; Decisions on abortion, guns and religion’s place in schools make a decisive turn away from the more liberal judicial legacy of the late 20th century”: Jess Bravin of The Wall Street Journal has this report.
And John Fritze of USA Today has a report headlined “‘New territory’: Supreme Court ends historic term with big shift to the right on abortion, guns; In a term in which tensions often spilled out into the open, the Supreme Court overturned its major abortion precedent, limited others and changed how lower courts will decide culture war issues.”
“Supreme Court Limits E.P.A.’s Ability to Restrict Power Plant Emissions”: Adam Liptak of The New York Times has this report.
Robert Barnes and Dino Grandoni of The Washington Post report that “Supreme Court limits EPA’s power to combat climate change; The decision risks putting the U.S. further off track from President Biden’s goal of running the power grid on clean energy by 2035.”
David G. Savage of The Los Angeles Times reports that “Supreme Court rules for coal-producing states, limits EPA’s power to fight climate change.”
Jan Wolfe and Timothy Puko of The Wall Street Journal report that “Supreme Court Puts Brakes on EPA in Far-Reaching Decision; High court says agency overstepped its authority in restricting greenhouse gas emissions in a ruling with ramifications for other regulators.”
John Fritze of USA Today reports that “Supreme Court rules against EPA effort to regulate power plant emissions in major climate suit; It was the latest in a series of 6-3 decisions from the Supreme Court that divided liberal and conservative justices and that dealt a blow to the Biden administration.”
And Alex Swoyer and Ramsey Touchberry of The Washington Times report that “Supreme Court reins in EPA, rules agency doesn’t have broad power to cap power plant emissions.”
“A Fistful of Mush”: Justice William Bedsworth of California’s 4th District Court of Appeal has this essay online at The Recorder.
“Rehnquist’s Revenge: Without Rehnquist’s unique Glucksberg opinion, the conservative justices in Dobbs would have lacked a workable due process standard.” Michael Toth has this post at the “Law & Liberty” blog.
“It’s Hard to Overstate the Danger of the Voting Case the Supreme Court Just Agreed to Hear”: Law professor Richard L. Hasen has this jurisprudence essay online at Slate.
“Biden, Chiding Court, Endorses Ending Filibuster to Codify Abortion Rights; The president called the Supreme Court’s decision overturning Roe v. Wade ‘destabilizing’ and said Congress needed to act to codify it into law”: Michael D. Shear of The New York Times has this report.
“Florida judge blocks new law that would ban abortions after 15 weeks”: Lori Rozsa of The Washington Post has this report.
“After 20 Years, Howard Bashman Still Shows How Appealing Appellate Law Can Be; Supreme Court justices, judges, law clerks, lawyers and journalists still follow Bashman’s blog for appellate news”: Thanks so much to Tony Mauro for this very kind post at his “The Marble Palace Blog.”
“Jackson sworn in, becomes 1st Black woman on Supreme Court”: Mark Sherman of The Associated Press has this report.
Rose Horowitch of Reuters reports that “Ketanji Brown Jackson is sworn in as first Black woman on U.S. Supreme Court.”
And Tina Davis of Bloomberg News reports that “Ketanji Brown Jackson Becomes First Black Woman on Supreme Court.”
CBS News has posted the video of its coverage of the swearing-in ceremony on YouTube at this link.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in three new cases.
In Grzegorczyk v. United States, No. 21–5967, Justice Brett M. Kavanaugh issued an opinion, in which Chief Justice John G. Roberts, Jr., and Justices Clarence Thomas, Samuel A. Alito, Jr., and Amy Coney Barrett joined, respecting the denial of certiorari. And Justice Sonia Sotomayor issued a dissent, in which Justices Stephen G. Breyer, Elena Kagan, and Neil M. Gorsuch joined, from the denial of a grant, vacate, and remand order.
In Storey v. Lumpkin, No. 21–6674, Justice Sotomayor issued an opinion respecting the denial of certiorari.
In Canales v. Lumpkin, No. 20–7065, Justice Sotomayor issued a dissent from the denial of certiorari.
In Ramirez v. Guadarrama, No. 21–778, Justice Sotomayor issued a dissent, in which Justices Breyer and Kagan joined, from the denial of certiorari.
In Cope v. Cogdill, No. 21–783, Justice Sotomayor issued a dissent from the denial of certiorari.
In Dr. A. v. Hochul, No. 21–1143, Justice Thomas issued a dissent, in which Justices Alito and Gorsuch joined, from the denial of certiorari.
And in Hill v. Shoop. No. 21–6428, Justice Sotomayor issued a dissent, in which Justices Breyer and Kagan joined, from the denial of certiorari.
“Supreme Court Justice Clarence Thomas has a lot to celebrate”: Jessica Gresko of The Associated Press 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. Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in West Virginia v. EPA, No. 20-1530. Justice Neil M. Gorsuch issued a concurring opinion, in which Justice Samuel A. Alito, Jr. joined. And Justice Elena Kagan issued a dissenting opinion, in which Justices Stephen G. Breyer and Sonia Sotomayor joined. You can access the oral argument via this link.
2. And Chief Justice Roberts delivered the opinion of the Court in Biden v. Texas, No. 21-954. Justice Brett M. Kavanaugh issued a concurring opinion. Justice Alito issued a dissenting opinion, in which Justices Clarence Thomas and Gorsuch joined. And Justice Amy Coney Barrett issued a dissenting opinion, in which Justices Thomas, Alito, and Gorsuch joined except as to its first sentence. You can access the oral argument via this link.
“Jan. 6 committee subpoenas former White House counsel Pat Cipollone; The panel has been ramping up the pressure, believing his testimony about former president Donald Trump could be explosive”: Jacqueline Alemany and Josh Dawsey of The Washington Post have this report.
“First Amendment Confrontation May Loom in Post-Roe Fight; Without a federal right to abortion, questions about how states can regulate speech about it suddenly become much murkier”: Jeremy W. Peters of The New York Times has this report.
“Utah Supreme Court could see first female majority with new nominee; If confirmed by the Utah Senate, Judge Jill M. Pohlman would mark the third woman on the state’s five-justice high court”: Saige Miller of The Salt Lake Tribune has this report.
“When the Supreme Court Makes a Mistake: The history of the Supreme Court is replete with outrages and abominations, but they can be tough to overcome.” Peter Canellos has this essay online at Politico Magazine.
“Ketanji Brown Jackson to join a Supreme Court in turmoil”: Ariane de Vogue of CNN has this report, along with a report headlined “Breyer makes it official: He’s leaving the Supreme Court on Thursday at noon.”
“The Supreme Court Says Oklahoma Can Protect Native American Victims; In a 5-4 decision in Castro-Huerta, the Justices begin to clean up their tribal McGirt mess”: This editorial will appear in Thursday’s edition of The Wall Street Journal.
“President Biden Names Twentieth Round of Judicial Nominees”: The White House issued this news release today, which announces the nomination of Delaware Supreme Court Justice Tamika Renee Montgomery-Reeves to serve on the U.S. Court of Appeals for the Third Circuit.
“Missouri AG says state abortion ban does not prohibit Plan B or contraception; The clarification comes after a Kansas City hospital system said it would not provide emergency contraception in the wake of Missouri’s trigger ban on abortions”: Tessa Weinberg and Allison Kite of Missouri Independent have this report.
“‘It’s Not a Lie If You Believe It’; ‘Perjury is difficult to prove. But it is not necessary to prove it to realize that, sadly, Justices Gorsuch and Kavanaugh are no longer fit to serve on the Supreme Court.'” Law professor Scott Douglas Gerber has this essay online at The National Law Journal.
“Americans’ approval of Supreme Court drops after abortion decision — Reuters/Ipsos”: Jason Lange of Reuters has this report.
“Supreme Court justice to remain at GW Law after thousands call for his removal”: Henry Huvos and Sophia Goedert of The GW Hatchet have a report that begins, “Officials announced GW Law will not fire Supreme Court Justice Clarence Thomas after more than 6,000 people signed a petition calling for his termination after he voted to overturn Roe v. Wade and end federal abortion protections.”