“Is the Supreme Court’s Role Undemocratic? Justice Felix Frankfurter, to great controversy, said yes.” In the September/October 2022 issue of Harvard Magazine, Lincoln Caplan has this review of law professor Brad Snyder‘s new book, “Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment.”
“Biden’s Supreme Court Commission Members Still Await Response”: Madison Alder of Bloomberg Law has this report.
“California’s pork production law is about much more than pigs, supporters tell Supreme Court”: Bob Egelko of The San Francisco Chronicle has this report.
Circuit Judge Lawrence VanDyke continues his campaign to win the Ninth Circuit‘s Mr. Congeniality award: Avalon Zoppo of The Recorder reports that “Trump Appointee Says Colleagues ‘Should Be Embarrassed’ by 9th Circuit’s Immigration Precedent; Judge Lawrence VanDyke said the panel members should be concerned about the California-based appeals court’s ‘jaw-dropping, always-increasing, epic collection of immigration gaffes.’”
You can access VanDyke’s dissenting opinion issued today at this link.
Update: In other coverage, Nate Raymond of Reuters reports that “Trump-appointed judge says 9th Circuit playing ‘dirty’ to prevent deportations.”
“What It’s Really Like to Argue Before SCOTUS: A new book reveals the angst, drama and adventure of arguing before the Supreme Court.” Tony Mauro of The National Law Journal has this post at his “The Marble Palace Blog.”
“Cindy Chung — Nominee to the U.S. Court of Appeals for the Third Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”
“Amber Heard Hires New Lawyers for Johnny Depp Appeal: ‘Different Court Warrants Different Representation’; Ben Rottenborn will return as co-counsel, while Elaine Charlson Bredehoft is stepping down from Amber Heard’s appellate team.” Benjamin VanHoose of People magazine has this report.
And Ted Johnson and Dominic Patten of Deadline report that “Amber Heard Hires New Lawyers For Johnny Depp Trial Verdict Appeal; Philly Firm Bested Sarah Palin In Recent NYT Libel Battle.”
“American Democracy Was Never Designed to Be Democratic: The partisan redistricting tactics of cracking and packing aren’t merely flaws in the system — they are the system.” Louis Menand has this A Critic at Large essay in the August 22, 2022 issue of The New Yorker.
“Warhol’s Images of Prince: Social Commentary or Copyright Infringement? The Supreme Court will hear arguments in the fall over whether the artist’s alterations of a photograph of the musician should be as protected as a new, transformative work.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
“Colorado asks Supreme Court to uphold anti-discrimination law in case of web designer who opposes same-sex marriage; The high court will hear arguments in the case centered around Lorie Smith, a Denver-based Christian web designer who does not want to make wedding websites for same-sex couples”: Olivia Prentzel of The Colorado Sun has this report.
And Matt Bloom of Colorado Public Radio News reports that “Phil Weiser files written arguments in Supreme Court case of business seeking to refuse service to gay couples.”
You can access the Brief for Respondents at this link.