“Congress Should Codify Same-Sex Marriage; A measure to ensure American families are never torn asunder”: Theodore B. Olson and Kenneth B. Mehlman will have this op-ed in Tuesday’s edition of The Wall Street Journal.
“Conservatives Are Pretending They’re Not Coming for Marriage Equality Next. We’ve Heard That Before. These are the exact same arguments that right-wingers used to attack abortion rights.” Matt Ford has this essay online at The New Republic.
“For Legal Conservatives, Six Decades Of Folding, Followed By Sixteen Years To Draw A Full House; On the plus side, we had Rehnquist, Scalia, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett; On the down side, we had Roberts, Souter, Kennedy, O’Connor, Powell, Blackmun, Burger, Stewart, Whittaker, Brennan, and Warren”: Josh Blackman has this post at “The Volokh Conspiracy.”
“Harvard Urges Supreme Court to Preserve Affirmative Action in College Admissions”: Greg Stohr of Bloomberg News has this report. You can access the Brief for Respondent at this link.
“Biden judicial nominee on board of prison ‘abolitionist’ group; Biden nominated Roopali Desai to the 9th Circuit Appeals Court”: Houston Keene of Fox News has this report.
“The Conservative Agenda Depends On Judges Being Terrible Historians; By giving lower court judges a task they can’t complete, the Court’s conservatives are setting themselves up as the only amateur historians who matter”: Jacob Hammond has this post at “Balls and Strikes.”
“Tyson Asks Supreme Court to Overturn Covid Liability Ruling”: Bruce Rolfsen of Bloomberg Law has this report. And the petition for writ of certiorari features Paul D. Clement’s new office address. (His new law firm now has a website too!)
“Activists protest outside Maine mansion of conservative Supreme Court architect”: Evan Popp of the Maine Beacon has this report.
“The Hosts of ‘5-4’ Never Trusted the Supreme Court; With public confidence in the top judicial body at a record low, a leftist podcast is preaching to a growing choir”: Reggie Ugwu of The New York Times has this report. You can access the podcast via this link.
“Supreme Court’s abortion ruling puts attention on states’ supreme court elections”: Shaylee Ragar of Montana Public Radio had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“Gavin Newsom’s plan to save the Constitution by trolling the Supreme Court; A new California gun law should force the Supreme Court to confront the enormity of its worst decision in decades”: Ian Millhiser has this essay online at Vox.
“AP-NORC poll: 2 in 3 in US favor term limits for justices.” Jessica Gresko and Emily Swanson of The Associated Press have this report. You can access the survey results via this link.
“Will Wisconsin’s Republicans Make Voting Meaningless, or Just Difficult? Activists are combining voter suppression with election conspiracies to capture the state in 2022 and beyond.” Dan Kaufman has this article in the August 1, 2022 issue of The New Yorker.
“Expected Applications, the Second Amendment, and Why Real Originalism is Either Intolerable or Impossible”: Eric Segall has this blog post at “Dorf on Law” responding to John O. McGinnis’s recent post at the “Law & Liberty” blog titled “Bruen‘s Originalism; Bruen clarifies the meaning of the Second Amendment, but it also has potentially transformative implications for originalist theory.”
“‘We, Too, Are Frustrated’: Rehearing Remains Elusive Years After 11th Circuit Banned Class Action Awards; The 2020 opinion from the Eleventh Circuit found incentive awards unlawful, prompting judges across the country to grapple over whether to grant the commonplace awards to class representatives in class action settlements.” Amanda Bronstad of the Daily Business Review has this report.