“The Dan Markel Case: No Bail For Charlie Adelson; Plus a new recording of Harvey Adelson, and two new books about the tragedy and its aftermath.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Biden Appellate Pick Freeman Fails in Confirmation Vote; At least two Democrats missing from vote in narrowly divided Senate; Freeman would become first woman of color on Third Circuit if Confirmed”: Madison Alder of Bloomberg Law has this report.
And Avalon Zoppo of The Legal Intelligencer reports that “Senate Fails to Confirm Public Defender Arianna Freeman to the 3rd Circuit; Freeman’s nomination was backed by Big Law and former federal prosecutors.”
Update: In other coverage, Alex Swoyer of The Washington Times reports that “Biden judicial nominee loses Senate confirmation vote.”
Nate Raymond and Mike Scarcella of Reuters report that “U.S. appeals court nominee Freeman fails in rare setback.”
And Alexander Bolton of The Hill reports that “Biden court nominee fails to win confirmation as two Democrats miss vote.”
You can access the U.S. Senate‘s official vote tally rejecting the nomination of Arianna J. Freeman to serve on the U.S. Court of Appeals for the Third Circuit by a vote of 50-to-47 at this link.
“Senate Democrats continue rush of judicial votes with 9th Circuit appointment”: Nate Raymond and Mike Scarcella of Reuters have this report.
And the Public Information Office of the U.S. Court of Appeals for the Ninth Circuit yesterday issued a news release titled “Senate Confirms Salvador Mendoza Jr. to Seat on U.S. Court of Appeals for the Ninth Circuit.”
Yesterday, the U.S. Senate voted 46-to-40 to confirm U.S. District Judge Salvador Mendoza, Jr. (E.D. Wash.) to a seat on the Ninth Circuit.
“Justice Kagan cautions Supreme Court can forfeit legitimacy”: Mark Sherman of The Associated Press has this report.
Kimberly Strawbridge Robinson of Bloomberg Law reports that “Disregarding Precedent Can Harm Judicial Legitimacy, Kagan Says.”
Ariane de Vogue of CNN reports that “Kagan calls leak of draft opinion overturning Roe ‘horrible’ and expects investigation update by month’s end.”
Beth Harpaz of Forward reports that “Supreme Court’s only Jewish member warns of judges ‘undermining their own legitimacy’; Elena Kagan, speaking at a synagogue, discussed her ‘quasi-bat mitzvah,’ Chinese food on Christmas — and concerns about ‘politics’ on the high court.”
And Andrew Silow-Carroll of New York Jewish Week reports that “Elena Kagan, in synagogue talk, says courts lose legitimacy when they stray from precedent.”
Video of Justice Elena Kagan’s talk is not yet available for on-demand viewing.
“Trump banned bump stocks after deadly Las Vegas shooting. Now the issue is in the Supreme Court’s hands. Experts say the Supreme Court may be waiting for additional lower court rulings before wading into the question of whether bump stocks count as machine guns under federal law.” John Fritze of USA Today has this report.
“Supreme Court justices respond to public criticism with distance and denial”: Joan Biskupic of CNN has this news analysis.
“Yeshiva University Case Means We’re All Jews Now; Every American has a stake in upholding the school’s right to free exercise”: Columnist William McGurn will have this op-ed in Tuesday’s edition of The Wall Street Journal.
“Chief Justice Anne Burke stepping down from Illinois Supreme Court; The retirement comes a year before her husband, Ald. Ed Burke (14th), is scheduled to stand trial on federal racketeering charges”: Tina Sfondeles of The Chicago Sun-Times has this report.
“Roberts joins the chorus of Supreme Court whining”: Columnist Jennifer Rubin has this essay online at The Washington Post.
“Chief Justice Bridget McCormack leaving the Michigan Supreme Court”: Paul Egan of The Detroit Free Press has this report.
Michigan Courts today issued a news release titled “Chief Justice McCormack to Retire from Michigan Supreme Court; State’s leading jurist leaving behind a legacy of increased accessibility, engagement, efficiency, and independence in the judiciary.”
“Pa. Supreme Court tells Wolf to bring abortion amendment challenge to Commonwealth Court”: Peter Hall of Pennsylvania Capital-Star has this report on an order that the Supreme Court of Pennsylvania issued today.
“Supreme Court Fellowship Program Resumes with 4 New Fellows”: The Administrative Office of the U.S. Courts issued this news release today.
“Supreme Court Chief Justice on Court’s Legitimacy & Welcoming New Justices”: C-SPAN has posted this video online.
“The Supreme Court fight over whether religious schools can discriminate against LGBTQ people: Yeshiva University v. YU Pride Alliance is a genuinely difficult case about just how much immunity religious institutions should have from the law.” Ian Millhiser has this essay online at Vox.
“A Judge Let Employers Exclude HIV Prevention From Workers’ Insurance. That’s Not Even the Worst Part. An anti-gay attack on the Affordable Care Act could end in grievous harm to millions of Americans.” Mark Joseph Stern has this jurisprudence essay online at Slate.
“Johnson & Johnson and a New War on Consumer Protection: The company has spent billions on cases about one of its most popular products; As its executives try a brazen new legal strategy to stop the litigation, corporate America takes note.” Casey Cep has this article in the September 19, 2022 issue of The New Yorker.
“What Chief Justice Roberts misses”: Columnist Ruth Marcus has this essay online at The Washington Post.
“GOP backs away from some hard-line abortion measures it once championed”: Caroline Kitchener, Katie Shepherd, Rachel Roubein, and Marianna Sotomayor have this front page article in today’s edition of The Washington Post.
“How Biden’s judicial record could affect the country’s courts”: This audio segment appeared on this evening’s broadcast of NPR’s “All Things Considered.”
“Dan Markel murder: Held in solitary confinement since April, Charlie Adelson denied bond.” Karl Etters has this front page article in today’s edition of The Tallahassee Democrat.
And Peter Schorsch of Florida Politics reports that “Charlie Adelson denied bail, based on threat to community, risk of flight and abundant evidence.”
“Sprang a leak: Inside the saga to uncover who spilled Supreme Court’s Roe secret.” Kaelan Deese of Washington Examiner has this report.
“Medical Impact of Roe Reversal Goes Well Beyond Abortion Clinics, Doctors Say; State abortion bans carry narrow but sometimes vague exceptions, and years of prison time; That’s forcing doctors to think like lawyers, and hospitals to create new protocols”: Kate Zernike will have this article in Sunday’s edition of The New York Times.
“Roberts says Supreme Court will reopen to public and defends legitimacy”: Robert Barnes and Michael Karlik of The Washington Post have this report.
John Fritze of USA Today reports that “Chief Justice Roberts defends Supreme Court’s legitimacy post-Roe, announces reopening; ‘I think just moving forward from things that were unfortunate is the best way to respond to it,’ the chief justice said of recent controversy and criticism of the court, according to a media report.”
Joel Rosenblatt of Bloomberg News reports that “John Roberts Decries Attacks on Supreme Court’s ‘Legitimacy’; Top judge speaks publicly for first time since abortion ruling; Chief justice addresses meeting of judges, lawyers in Colorado.”
Colleen Slevin of The Associated Press reports that “Chief Justice John Roberts defends legitimacy of court.”
And Ariane de Vogue of CNN reports that “Roberts defends Supreme Court’s legitimacy and says last year has been ‘difficult in many respects.’“
“Justice Sotomayor, for now, stops lower court ruling for LGBTQ group; Yeshiva University, a religious school in New York, asked the justices to intervene after a state court said it must provide the group with access to certain facilities”: Robert Barnes of The Washington Post has this report on an order issued today.
“The Supreme Court Is More Unpopular Than Ever. That Could Help Democrats.” Amelia Thomson-DeVeaux and Zoha Qamar of FiveThirtyEight have this report.
“After DOJ detail, Stanford’s Karlan returns to clinic, classes”: Mike Scarcella of Reuters has this report.
“SC Senate lacks votes for a near-total abortion ban, sticks with 6-week law”: Seanna Adcox of The Post and Courier of Charleston, South Carolina has this report.
“After a Legal Fight, Oberlin Says It Will Pay $36.59 Million to a Local Bakery; Gibson’s Bakery said the liberal arts college had falsely accused it of racism after a Black student was caught shoplifting”: Anemona Hartocollis has this front page article in today’s edition of The New York Times.
“Top Court Leak Threatens Judicial Decision-Making, Gorsuch Says”: Lydia Wheeler of Bloomberg Law has this report.
“Justice Gorsuch Said Findings of Probe Into Leaked Roe Draft Opinion Will Be Made in Report; The justice, speaking at a judicial conference, also criticized the cost and time it takes to enter the legal profession”: Jess Bravin of The Wall Street Journal has this report.
“DOJ to Appeal Judge’s Order Appointing Special Master in Trump Mar-a-Lago Probe; Prosecutors also ask judge to put on hold part of order blocking government from using seized materials in criminal investigation into alleged mishandling of classified documents”: Aruna Viswanatha and Jan Wolfe of The Wall Street Journal have this report.
And at the “Lawfare” blog, Quinta Jurecic, Natalie K. Orpett, and Benjamin Wittes have a post titled “Everything Wrong With Judge Cannon’s Ruling.”
“Christian baker in Oregon returns to Supreme Court over refusal to bake same-sex wedding cake”: Alex Swoyer of The Washington Times has this report.
And Jon Brown of Fox News reports that “Christian bakers petition Supreme Court again to overturn penalty for refusing to bake same-sex wedding cake; The case against ‘Sweet Cakes by Melissa’ in Oregon has been heard by the Supreme Court once before.”
You can access the petition for writ of certiorari at this link.
“U.S. Senate confirms Biden appellate judge pick opposed by home state senators”: Nate Raymond of Reuters has this report.
And Madison Alder of Bloomberg Law reports that “Biden’s Longest Standing Circuit Court Nominee Confirmed.”
Today, the U.S. Senate voted to confirm Andre B. Mathis to serve on the U.S. Court of Appeals for the Sixth Circuit by a vote of 48-to-47.
“Washington Supreme Court OKs virtual life term for teen”: Gene Johnson of The Associated Press has a report that begins, “One year after saying virtual life sentences are unconstitutional for teenage killers, the Washington Supreme Court changed course Thursday in a split ruling that drew irate dissents from four justices.”
You can access today’s 5-to-4 ruling of the Washington State Supreme Court at this link.
“Ex-Texas Supreme Court justice who challenged Paxton joins Houston firm”: Chinekwu Osakwe of Reuters has this report.