“Trans rights lawsuits in lower courts pressure Supreme Court to weigh in”: Alex Swoyer has this front page article in today’s edition of The Washington Times.

“The Continuing Fifth Circuit-Federal Circuit Fight Over Walker Process Appeals; The Fifth and Federal Circuits continue to disagree about where appeals of Walker Process antitrust/patent claims should go; It seems that both will now transfer these appeals to each other, and each might reluctantly accept the transfer; This jurisdictional hot potato needs to stop”: Bryan Lammon has this post at his “final decisions” blog.

Apparently the Biden Administration won’t go entirely winless before the Fifth Circuit: Dino Grandoni and Anna Phillips of The Washington Post have an article headlined “Court strikes down ruling that blocked Biden’s oil drilling pause; The moratorium on new oil and gas leasing in federal lands and waters was a key part of Biden’s climate plan” about a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.

“Florida court says 16-year-old in state care is too immature to choose abortion”: Carol Marbin Miller of The Miami Herald has this report.

Brittany Shammas and Kim Bellware of The Washington Post report that “Florida court rules 16-year-old is not ‘sufficiently mature’ for abortion.”

And Jim Saunders of News Service of Florida reports that “Appeals court blocks teen’s abortion under Florida consent law.”

You can access Monday’s ruling of a partially divided three-judge panel of Florida’s First District Court of Appeal at this link.

“The Court’s Liberals Still Have Power: And they should use it.” Law professor Joshua Braver has this essay online at The Atlantic.

“Sebastian Graber, won case for Supreme Court sidewalk protests, dies at 70”: Brian Murphy of The Washington Post has written this obituary.

And at his “The Marble Palace Blog,” Tony Mauro of The National Law Journal has a post titled “A Lawyer Who Won a 1983 SCOTUS Free Speech Case on Behalf of His Wife Has Died at Age 70; Sebastian Graber, a lawyer who represented activists, was best known for a case about the right to demonstrate on Supreme Court grounds.”

“Utah Supreme Court has first-ever female majority as Utah Senate unanimously confirms Jill Pohlman; ‘I am honored and deeply humbled by this historic appointment to the Utah Supreme Court,’ Justice Jill Pohlman said after her confirmation”: Emily Anderson Stern of The Salt Lake Tribune has this report.

“Redistricting, abortion supercharge state Supreme Court races; Thirty states have or will hold state Supreme Court elections this year”: Zach Montellaro and Shia Kapos of Politico have this report.

“Supreme Court Justices Should Say Sorry Too”: Gabe Roth has this essay online at Bloomberg Law.

“In Departure From Trump Era Nominations, Biden Relies Less on Feeder Judges; Court watchers say clerkships are considered one indicator of the ideological leanings of a judge, and something Republican presidents have paid more attention to than Democrats”: Avalon Zoppo of The National Law Journal has this report.

“South Carolina’s six-week abortion ban temporarily blocked by state Supreme Court”: Maayan Schechter and John Monk of The State of Columbia, South Carolina have this report.

Seanna Adcox of The Post and Courier of Columbia, South Carolina reports that “SC high court temporarily blocks ‘fetal heartbeat’ law as lawmakers consider abortion ban.”

And Katie Shepherd of The Washington Post reports that “South Carolina Supreme Court temporarily blocks 6-week abortion ban; In North Carolina, meanwhile, a federal judge tightened the state’s abortion restrictions, reinstating a ban on the procedure after 20 weeks.”

You can access today’s order of the Supreme Court of South Carolina at this link.

“Pork, Abortion Pills, and Constitutional Methodology”: Michael C. Dorf has this post at his blog, “Dorf on Law,” about his essay today at Justia’s Verdict titled “SCOTUS Animal Welfare Case Could Implicate State Power to Ban Abortion Pills.”

“Trump is rushing to hire seasoned lawyers — but he keeps hearing ‘No’; The former president’s current legal team includes a Florida insurance lawyer who’s never had a federal case, a past general counsel for a parking-garage company and a former host at far-right One America News”: Isaac Arnsdorf, Josh Dawsey, Carol D. Leonnig, Jacqueline Alemany, and Rosalind S. Helderman have this front page article in today’s edition of The Washington Post.

“Court rules that gender dysphoria is covered by Americans with Disability Act, in ‘huge win’ for trans people”: Muri Assunção of The New York Daily News has this report.

And Brad Kutner of The National Law Journal reports that “Fourth Circuit Becomes First Appeals Court to Find Gender Dysphoria Protected by ADA.”

You can access yesterday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.

“The Biden administration’s emergency care abortion guidance goes to court(s); Texas says the guidance is ‘subverting the Supreme Court’s holding in Dobbs,’ even as Idaho, also fighting the administration, says that claiming a ‘wide and deep conflict’ is a ‘false picture'”: Chris Geidner has this post at his Substack site, “Law Dork, with Chris Geidner.”

“College-shopping students have a new query: Is abortion legal there? State laws on reproductive rights are a sudden new variable for students mulling where to apply.” Nick Anderson has this front page article in today’s edition of The Washington Post.

“A Japanese transport company won’t be roped into federal court to face claims related to a ship collision that killed seven US sailors in Japanese territorial waters, a divided Fifth Circuit held on Tuesday in an en banc ruling.” So begins the report (subscription required for full access) from David McAfee of Bloomberg Law on yesterday’s 12-to-5 en banc ruling of the U.S. Court of Appeals for the Fifth Circuit.

The opinions (which total over 100 pages) contain a very interesting discussion about whether personal jurisdiction precedents arising under the Fourteenth Amendment’s due process clause should apply to a personal jurisdiction dispute governed by the Fifth Amendment’s due process clause.

“Divided Pa. Appeals Court Says Commerce in Arms Act Does Not Bar State Tort Claims; Five of nine Superior Court judges supported the Aug. 12 order reversing a trial court’s decision to sustain the defendants’ preliminary objections”: Aleeza Furman of The Legal Intelligencer has this report on an en banc ruling that the Superior Court of Pennsylvania issued Friday.

The Superior Court’s 5-to-4 en banc ruling consists of a per curiam order and opinion on behalf of three judges in support thereof; two additional opinions in support of the per curiam order (here and here); and two opinions dissenting from the per curiam order (here and here).

The ruling of the original, unanimous three-judge Pa. Superior Court panel, which was vacated on granting of reargument en banc, held that the federal Protection of Lawful Commerce in Arms Act was unconstitutional. By contrast, a bare 5-judge majority on the en banc panel upheld the PLCAA’s constitutionality.

“DC Circuit Rejects Political Speech Limits for Judiciary Workers; An injunction blocking AO political activity restrictions on its workers applies only to the two employees who brought the challenge, Lisa Guffey and Christine Smith, and not all 1,100 AO employees”: Avalon Zoppo of The National Law Journal has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

“Same-Sex Marriage Victors Ready to Refight Battle Already Won”: Maia Spoto of Bloomberg Law has this report.

“The Grace and Promise of Justice Ketanji Brown Jackson”: ImeIme Umana has this article in the September 2022 issue of Vogue magazine.

“The ‘Common-Good’ Manifesto”: Law professors William Baude and Stephen E. Sachs have posted this review of law professor Adrian Vermeule‘s book, “Common Good Constitutionalism,” at SSRN. The review will be published in the Harvard Law Review.

And at the “Ius & Iustitium” blog, Vermeule has posted a response to the review titled “The Bourbons of Jurisprudence.”

“The Seventh Circuit on Voluntary Dismissals & Jurisdiction, Both Appellate and Article III: The Seventh Circuit addressed whether voluntary dismissals implicate appellate jurisdiction (and said ‘no’) or Article III jurisdiction (and said ‘yes’); But the issue isn’t jurisdictional at all; Voluntary dismissals instead implicate the possible waiver of appellate review.” Bryan Lammon has this post at his “final decisions” blog.

You can access last Wednesday’s ruling of the U.S. Court of Appeals for the Seventh Circuit at this link.

“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.

“Chaotic post-Roe legal landscape in Arizona confuses patients, abortion providers”: Lissandra Villa Huerta has this front page article in today’s edition of The Boston Globe.

“Lacking power, Supreme Court’s liberals find voice in dissent”: John Kruzel of The Hill has this report.