“What Alito Should Have Written: I too think Roe’s constitutional foundation is shaky, but Roe’s supporters deserved a more thoughtful opinion than what Alito gave them.” Sarah Isgur has this essay in the nature of a thought experiment online at Politico Magazine.
“Supreme Court Faces Historic Case Backlog as Fractious Term Comes to an End; Decisions on abortion, guns, climate left until last few weeks; Justices have 33 opinions left as leak probe strains relations”: Greg Stohr of Bloomberg News has this report.
“When Picking Judges, Democrats Need to Stop Ignoring Economics”: Columnist Binyamin Appelbaum has this essay online at The New York Times.
“U.S. Supreme Court urged to uphold release of same-sex marriage trial video”: Mike Scarcella of Reuters has this report on a Brief in Opposition filed yesterday at the U.S. Supreme Court.
“AZ Supreme Court Justice faces criticism for ‘Rasta Clint’ video”: Dave Biscobing of ABC15 in Phoenix has this report. The article includes this link to the video on YouTube.
“DOJ appeals mask mandate order for public transportation”: Alex Swoyer and Tom Howell Jr. of The Washington Times have this report.
Tierney Sneed of CNN reports that “CDC defends its authority to issue transportation mask mandate in brief arguing for reversal of ruling that blocked it.”
And David Shepardson of Reuters reports that “U.S. asks court to reverse order lifting airplane mask mandate.”
You can access at this link the Brief for Appellant that the federal government filed yesterday in the U.S. Court of Appeals for the Eleventh Circuit.
“Supreme Court to deliver on ‘culture war’ issues in much-watched cases this month”: Alex Swoyer of The Washington Times has this report.
“Harvard Needs Merit-Based Admissions; A Supreme Court decision could force colleges to move away from affirmative action and create true diversity on campus”: Law professor Alan M. Dershowitz will have this op-ed in Thursday’s edition of The Wall Street Journal.
“The Supreme Court Leakers Can Be Prosecuted; If it turns out to be a law clerk, there are federal statutes under which criminal charges can be brought”: Markus Funk and U.S. District Judge Virginia M. Kendall (N.D. Ill.) have this essay online at The Wall Street Journal.
“Lawyers in state-court opioid cases rip federal judge who levied common benefit ‘tax'”: Alison Frankel’s “On the Case” from Reuters has this post.
“Abortion rights groups sue to stop Florida’s 15-week ban; The new law is the strictest abortion law in state history”: Arek Sarkissian of Politico has this report.
And John Kennedy of The Tallahassee Democrat reports that “Florida’s new 15-week abortion ban challenged as violation of state privacy rights.”
“Judicial Law Clerk Harassment Is Focus of New Non-Profit Group”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.
“It’s premature to assume Roe v. Wade is dead; Supreme Court justices have changed their minds at the last minute in hot button cases before”: Professor Reece Jones has this essay online at The Washington Post.
“Massachusetts should use Texas abortion law to bar assault weapons; The Supreme Court has said that federal courts can’t step in, so why not a state prohibition on the manufacture, distribution, sale, or possession of military-style weapons or ammunition, enforced through private bounties of a million dollars?” Law professor Kent Greenfield has this essay online at The Boston Globe.
“In death row case, the Supreme Court says guilt is now beside the point”: Columnist Radley Balko has this essay online at The Washington Post.
“Overlapping Magisteria”: Sherry F. Colb has this blog post at “Dorf on Law.”
“The Forgotten Story of Shirley Wheeler: Two women changed the debate about abortion in America forever; We only remember one; Introducing Slow Burn, Season 7.” Susan Matthews of Slate has this report.
Episode one of season seven of Slate’s “Slow Burn” podcast is titled “Get Married or Go Home: In 1971, Shirley Wheeler became the public face of the fight for abortion rights.”
“The One Thing the Dissenting Justices Could Do to Save Roe“: Law professor Ryan H. Nelson has this jurisprudence essay online at Slate.
“Escalation of the Supreme Court’s leak probe puts clerks in a ‘no-win’ situation”: Tierney Sneed of CNN has this report.
“Supreme Court action on undated ballots in a Pennsylvania race is watched closely by Oz and McCormick; The Supreme Court paused the counting of undated mail-in ballots in a judicial race; Such ballots are also at issue in the state’s Republican Senate primary”: Neil Vigdor and Adam Liptak of The New York Times have this report.
“Fed judiciary says yes to free PACER searches. Here are the details so far.” Nate Raymond of Reuters has this report.
“Supreme Court to decide whether businesses may refuse LGBTQ couples for same-sex wedding services; A Denver website designer wants to refuse to make sites for same-sex weddings; She says the ceremonies conflict with her religion; Critics say that’s discrimination”: John Fritze of USA Today has this report (subscription required for full access).
And at “The Volokh Conspiracy,” Dale Carpenter has a post titled “Government Can’t Compel the Creation of Wedding Websites; The Tenth Circuit erred in concluding otherwise, undermining a freedom critical to the LGBT-rights movement itself.”
“Are internet companies ‘common carriers’ of content? Courts diverge on key question.” Alison Frankel’s “On the Case” from Reuters has this post.
“‘Trust’ at the Supreme Court? The court’s self-destruction continues.” Columnist Jennifer Rubin has this essay online at The Washington Post.