“Coming soon to the Supreme Court: Can class reps receive incentive awards?” Alison Frankel’s “On the Case” from Reuters has this post.
Posted at 8:12 PM by Howard Bashman|
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Thursday, September 8, 2022
“Coming soon to the Supreme Court: Can class reps receive incentive awards?” Alison Frankel’s “On the Case” from Reuters has this post. Posted at 8:12 PM by Howard Bashman“High court orders abortion, voting rights proposals onto November ballot in Michigan”: Beth LeBlanc of The Detroit News has this report. Dave Boucher of The Detroit Free Press has an article headlined “Michigan Supreme Court: Abortion amendment must appear on ballot.” And Joey Cappelletti and Sara Burnett of The Associated Press report that “Michigan’s high court puts abortion question on Nov. ballot.” You can access today’s ruling of the Supreme Court of Michigan at this link. Posted at 5:50 PM by Howard Bashman“Justice Sotomayor visits Bronx for unveiling of her statue”: Michelle L. Price of The Associated Press has this report. Posted at 5:40 PM by Howard Bashman“Citigroup Wins Appeal in $500 Million Revlon Transfer Case; Court says lenders not entitled to keep money as repayment; Appeals court vacates prior ruling that went against bank”: Chris Dolmetsch, Katherine Doherty, and Bob Van Voris of Bloomberg News have this report. And Jonathan Stempel of Reuters reports that “Citigroup wins appeal over mistaken Revlon wire transfer.” You can access today’s lengthy ruling of the U.S. Court of Appeals for the Second Circuit at this link. Senior Circuit Judge Pierre N. Leval, who wrote the majority opinion, also issued an Addendum in which he stated: “This judgment has taken a long time to produce. I take sole responsibility for that. Judge Park’s complaint on that ground has some merit. I truly regret that I did not get the job done faster. That issue, nonetheless, calls for some discussion.” Posted at 5:37 PM by Howard Bashman“With Roe out the door, the next big abortion battle is already on the Supreme Court steps; The justices’ declaration that the abortion debate belongs to the states has been challenged by a group that wants to grant rights to fetuses”: Kelsey Reichmann of Courthouse News Service has this report. Posted at 5:25 PM by Howard Bashman“California’s under-21 semiautomatic gun law tossed back to lower court for review; The Ninth Circuit panel, heavy with Trump appointees, may be looking for a lower court slapdown, according to one legal expert”: Natalie Hanson of Courthouse News Service has this report on an order that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Posted at 1:20 PM by Howard BashmanWednesday, September 7, 2022
“GOP grill Biden judicial nominee over views on bar exam racial bias reform”: Nate Raymond of Reuters has this report. Ronn Blitzer of Fox News reports that “Biden judicial nominee says she didn’t write diversity recommendations from committee she co-chaired; Judge Tamika Renee Montgomery-Reeves did not say whether she agreed or disagreed with certain recommendations.” And Brad Kutner of The National Law Journal reports that “Debate Over Originalism Swamps Senate Judiciary Hearing; While Chuck Grassley has long asked about a nominee’s ‘judicial philosophy,’ Wednesday was the first time the Iowa senator acknowledged the criticism he’s received for the question.” You can access via this link the video of today’s U.S. Senate Judiciary Committee confirmation hearing for judicial nominees. Posted at 9:46 PM by Howard Bashman“How Giant Corporations Are Using Fake Bankruptcies to Hang Consumers Out to Dry; A dumb joke from The Office is now the preferred method of America’s largest corporations trying to avoid responsibility for the harm they cause”: Max Kennerly has this post at Balls and Strikes. Posted at 9:40 PM by Howard Bashman“The Federalist Society Gets a Few Things Right. Liberals Should Take Note.” Sam Datlof has this jurisprudence essay online at Slate. Posted at 9:35 PM by Howard Bashman“Senate Resumes Judges Push, Confirms Seventh Circuit Nominee”: Madison Alder of Bloomberg Law has this report (subscription required for full access). And Nate Raymond of Reuters reports that “Senate Democrats kick-off post-recess judicial nominee push with first vote.” Posted at 9:30 PM by Howard Bashman“When did religious belief become an excuse to discriminate?” Louise Melling has this essay online at The Washington Post. Posted at 9:27 PM by Howard Bashman“Obamacare can’t require coverage for some HIV drugs, federal judge rules; The decision — citing an employer’s religious freedom — is likely to be appealed”: Mark Johnson of The Washington Post has this report. Jacob Gershman of The Wall Street Journal reports that “Judge Rules Against Health Law’s Requirement to Cover HIV-Prevention Drugs; Preventive-care rule burdens religious exercise of Christian employer, judge says.” Sheryl Gay Stolberg of The New York Times reports that “Texas Judge’s Ruling Puts Free Preventive Care in Jeopardy; A federal judge in Texas found that the Affordable Care Act’s process for determining what kinds of preventive care should be covered by insurance violates the Constitution.” And Stephen Paulsen of Courthouse News Service reports that “Judge sides with far-right activist challenging HIV drug coverage mandate; The ruling, if upheld, could curb access to contraceptives and drugs that limit the spread of HIV.” Posted at 9:10 PM by Howard Bashman“Anti-Abortion Activists Formally Ask Supreme Court to Consider Fetal Personhood”: Caitlin Cruz has this post at Jezebel about a petition for writ of certiorari filed last week in the U.S. Supreme Court. Yesterday, the State of Rhode Island filed this waiver of response on behalf of all respondents. You can view the docket via this link to see whether the Court calls for a response. Posted at 8:20 PM by Howard Bashman“Civil rights attorneys say a 100-year-old law in Mississippi is unconstitutional”: This audio segment appeared on today’s broadcast of WBUR’s “Here & Now.” Posted at 8:11 PM by Howard Bashman“The Supreme Court May Have Given Beto O’Rourke a Chance; As a candidate for Texas governor, O’Rourke was considered a long shot; But the state’s new — and extreme — abortion restrictions have galvanized his campaign”: Rachel Monroe has this Letter from the Southwest online at The New Yorker. Posted at 8:07 PM by Howard Bashman“Michigan judge rules 1931 law criminalizing most abortions is unconstitutional”: Dave Boucher of The Detroit Free Press has this report. Beth LeBlanc of The Detroit News reports that “Judge issues permanent injunction blocking enforcement of Michigan’s abortion ban.” Erik Larson of Bloomberg News reports that “Michigan’s 1931 Abortion Ban Is Permanently Blocked by State Judge; Judge cites ‘wholesale denial’ of women’s ‘fundamental right’; Ruling comes in wake of US Supreme Court’s overturning of Roe.” Brendan Pierson and Kanishka Singh of Reuters report that “Michigan’s 90-year-old abortion ban is unconstitutional, judge rules.” And Ed White of The Associated Press reports that “Judge strikes down 1931 Michigan law criminalizing abortion.” Posted at 5:30 PM by Howard Bashman“Texas Judge Says HIV Drug Mandate Violates Religious Freedom; Ruling in federal court in Texas concerns Gilean PrEP drugs; Company said it didn’t want to subsidize ‘homosexual behavior'”: Erik Larson of Bloomberg News has this report. Brendan Pierson of Reuters reports that “Texas judge rules Obamacare HIV prevention drug mandate unconstitutional.” David Mack of BuzzFeed News reports that “A Federal Judge Ruled Religious Employers Shouldn’t Have To Provide HIV Prevention Medicine; The Texas judge, who has a history of conservative rulings that are later overturned on appeal, ruled that mandating employers to provide PrEP violated their federal religious protections.” And at MSNBC’s “Maddowblog,” Steve Benen has a post titled “Notorious judge rejects coverage of groundbreaking HIV drugs; Reed O’Connor isn’t famous, but the judge who just ruled against the ACA’s preventive care benefits is notorious in legal/political circles for a reason.” You can access today’s ruling of the U.S. District Court for the Northern District of Texas at this link. Posted at 1:30 PM by Howard Bashman“Equity, Property, and Former President Trump”: Samuel Bray has this post at “The Volokh Conspiracy.” Posted at 1:16 PM by Howard Bashman“The Week in Federal Appellate Jurisdiction: August 28–September 3, 2022; The strictures of Rule 54(b) judgments, admiralty appeals from the dismissal of crossclaims, the scope of qualified-immunity appeals, and an odd Rule 3(c) decision.” Bryan Lammon has this post at his “final decisions” blog. Posted at 1:15 PM by Howard Bashman“DOJ, business groups urge SCOTUS to restrict venue for suits against corporations”: Alison Frankel’s “On the Case” from Reuters has this post about developments in the pending U.S. Supreme Court case of Mallory v. Norfolk Southern Railway Co. Posted at 1:12 PM by Howard Bashman“Top state court judges defend their election oversight at U.S. Supreme Court”: Nate Raymond of Reuters has this report. You can access the amicus brief, which lists Carter G. Phillips as counsel of record, at this link. Posted at 1:04 PM by Howard Bashman“Oyez! Oyez! Let the public hear the Supreme Court’s arguments and opinions in real time. The court should not let the ongoing pandemic nor increased security measures stand in the way of transparency.” This editorial appears in today’s edition of The Boston Globe. Posted at 12:56 PM by Howard BashmanTuesday, September 6, 2022
“11th Circuit revives lawsuits accusing Chiquita of funding Colombian terrorists; The panel decided that the Florida judge who dismissed the families’ claims had ‘no basis’ to doubt the credibility of investigations conducted by Colombian officials”: Kayla Goggin of Courthouse News Service has this report on a 104-page opinion that the U.S. Court of Appeals for the Eleventh Circuit issued today. Posted at 10:08 PM by Howard Bashman“U.S. appeals court upholds Washington state’s conversion therapy ban”: Jonathan Stempel of Reuters has this report. Mary Anne Pazanowski of Bloomberg Law reports that “Washington LGBTQ Conversion Therapy Ban Upheld by Ninth Circuit.” And Edvard Pettersson of Courthouse News Service reports that “Ninth Circuit upholds Washington ban on conversion therapy; The panel rejected arguments that a 2018 U.S. Supreme Court ruling that held states can’t force pregnancy centers to inform patients about free abortion services applied here.” You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 10:04 PM by Howard Bashman“Top aide to U.S. Supreme Court’s Roberts to retire”: Nate Raymond of Reuters has this report. Today, the Public Information Office of the U.S. Supreme Court issued a news release titled “Counselor to the Chief Justice Jeffrey P. Minear Retirement Announcement.” Posted at 9:52 PM by Howard Bashman“How the scourge of originalism is taking over the Supreme Court”: Law professor Erwin Chemerinsky has this op-ed in today’s edition of The Los Angeles Times. Posted at 9:44 PM by Howard Bashman“Even the Founders Didn’t Believe in Originalism; To follow the Framers’ ideas about the Constitution means abandoning their understanding of it”: Law professor Erwin Chemerinsky has this essay online at The Atlantic. Chemerinsky’s forthcoming book is titled “Worse Than Nothing: The Dangerous Fallacy of Originalism.” Posted at 9:38 PM by Howard Bashman“The Solution to the Trump Judge Problem Nobody Wants to Talk About”: Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate. Posted at 9:30 PM by Howard Bashman“Alito’s financial disclosure shows teaching income, speaking engagements, and stock ownership”: Amy Howe has this post at “SCOTUSblog.” Posted at 9:27 PM by Howard Bashman“How the Supreme Court is already influencing the November midterm elections; From rulings on voting restrictions approved after the 2020 election to rethinking the Voting Rights Act, federal courts are having a big impact on voting”: John Fritze of USA Today has this report. Posted at 9:24 PM by Howard Bashman“Resigning 5th Circuit Judge Costa set to join Gibson Dunn”: Nate Raymond and David Thomas of Reuters have this report. Posted at 1:22 PM by Howard Bashman“Debunking the Independent State Legislature Fantasy”: You can access this week’s episode of the “Strict Scrutiny” podcast via this link. Posted at 1:17 PM by Howard Bashman“The New Supreme Court Case That Could Make Civil Rights Laws Optional; The conservative legal movement’s latest argument: Discrimination isn’t illegal if it’s art.” Yvette Borja has this post at Balls and Strikes. Posted at 1:15 PM by Howard Bashman“Is a Fetus a Person? The Next Big Abortion Fight Centers on Fetal Rights.” Kelsey Butler and Patricia Hurtado of Bloomberg News have this report. Posted at 1:12 PM by Howard Bashman“‘They’re getting killed among women’: Skeptical female voters stand in way of GOP Senate; Republicans’ chances of retaking the Senate majority are diminishing thanks to abortion.” Natalie Allison of Politico has this report. Posted at 1:09 PM by Howard Bashman |
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