“The Supreme Court’s New Era of Limitless Gun Rights Is Going As Disastrously As You’d Expect; The opinion in Bruen has left more than a few lower court judges scratching their heads”: Lisa Needham has this post at Balls and Strikes.
“The Court is pleased to announce oral arguments held in open court in all court locations will be live streamed — audio only — beginning October 25, 2022.” So begins an announcement that the U.S. Court of Appeals for the Eleventh Circuit posted online today.
Update: In news coverage, Nate Raymond of Reuters reports that “Appeals court in Mar-a-Lago documents case to resume livestreaming.”
“Alito Assured Ted Kennedy in 2005 of Respect for Roe v. Wade, Diary Says; In the senator’s recollection, the Supreme Court justice who wrote the opinion overturning the abortion ruling tried to show Mr. Kennedy that he was not a threat to Roe”: John A. Farrell of The New York Times has this report.
“What Does a Counselor to the Chief Justice Do? With the retirement of Jeffrey Minear, the little-known job of counselor to the chief justice comes to the fore.” Tony Mauro of The National Law Journal has this post at his “The Marble Palace Blog.”
“The Supreme Court Case That Could Upend Democracy; Moore v. Harper has hit the Supreme Court calendar, and conservative Judge Michael Luttig is sounding the alarm”: Former Fourth Circuit Judge J. Michael Luttig was Dahlia Lithwick’s guest on this week’s new episode of Slate’s “Amicus” podcast.
“In highly political, richly funded contests for Illinois Supreme Court majority, pledges of impartiality stir skepticism”: John Keilman has this front page article in today’s edition of The Chicago Tribune.
“Mexican, Colombian Supreme Court Justices Discuss Path to Abortion Rights at Petrie-Flom Center Forum”: Asher J. Montgomery of The Harvard Crimson has this report.
“Clarence Thomas freezes order for Lindsey Graham to testify before Georgia grand jury investigating 2020 election”: Ariane de Vogue and Tierney Sneed of CNN have this report.
You can view today’s order of the U.S. Supreme Court at this link.
“The Chief Justice Who Isn’t: How John Roberts lost control of the Supreme Court.” Matt Ford has this cover story in the November 2022 issue of The New Republic.
“A Prosecutor’s Change of Heart in a Capital Case at the Supreme Court; A district attorney in Texas, convinced that the evidence that sent Areli Escobar to death row was flawed, is supporting his request for a new trial”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
“Judicial Notice (10.22.22): Not-So-Good Behavior; A SCOTUS advocate with style, an Ohio judge gone rogue, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.
Therein, Lat suggests that I don’t “love” Lisa S. Blatt‘s “colorful and colloquial” oral argument style. Allow me to respond with a quote from Justice Samuel A. Alito, Jr. — “Not true!”
I once had the pleasure of arguing against Blatt (link to mp3 oral argument audio) at the Third Circuit, and my memories of that experience — from just over eight years ago — remain quite positive.
“The Legal Fight Over Student-Loan Forgiveness; Biden wins in lower court, but the states have a strong case on appeal”: This editorial will appear in Monday’s edition of The Wall Street Journal.
“A justice for some? After Roe overturned, state Supreme Court races turn political; Political groups are backing judicial candidates who they believe will reshape state courts in their favor; But one former justice warns: ‘You sleep with dogs, you’re going to get fleas.'” Erik Ortiz of NBC News has this report.
“The Pa. Supreme Court is taking on the issue of undated mail ballots just weeks before Election Day; The court fast-tracked the case Friday”: Jonathan Lai and Jeremy Roebuck of The Philadelphia Inquirer have this report.
“What the Constitution actually says about race, explained: There’s a glaring flaw in the Supreme Court lawsuits attacking affirmative action.” Ian Millhiser has this essay online at Vox.
“The Supreme Court has a chance to show people how to take a joke; Ohio police arrested a man for making fun of them with a straight face”: Columnist Jeff Jacoby has this essay online at The Boston Globe.
“Nonunanimous jury ban isn’t retroactive, Louisiana Supreme Court rules; Decision could keep 1,500 Louisiana inmates from getting new trials”: John Simerman of The Times-Picayune of New Orleans has this report on a ruling that the Supreme Court of Louisiana issued Friday.
“Justice Elena Kagan talks ‘finding common ground’ within divided Supreme Court at Penn inauguration event”: Jared Mitovich of The Daily Pennsylvanian has this report.
Jessica Gresko of The Associated Press has a report headlined “Justice Kagan: ‘Time will tell’ if court finds common ground.”
Nate Raymond of Reuters reports that “U.S. Supreme Court’s Kagan says justices must find ‘common ground’ again.”
Kimberly Strawbridge Robinson of Bloomberg Law reports that “Kagan Seeks Compromise as High Court Tackles Contentious Issues.”
And Kelsey Reichmann of Courthouse News Service has a report headlined “Justice Kagan has a message for judges: humble yourselves; The liberal justice warned against the harms of forgetting precedent while looking for a path forward with her conservative colleagues.”
The University of Pennsylvania has posted on YouTube a video of the event titled “Penn Presidential Inauguration Academic Symposium.”
“Blunder in Affirmative Action Case May Cost Harvard $15 Million; A missed insurance notice opened a window onto the cost of litigating challenges to race-conscious admissions programs to be heard this month by the Supreme Court”: Adam Liptak has this article in today’s edition of The New York Times.
“Biden’s Student-Loan Forgiveness Program Temporarily Halted by Appeals Court; Millions of borrowers have applied for the program, which would grant up to $20,000 in loan forgiveness for eligible applicants”: Andrew Restuccia and Jacob Gershman of The Wall Street Journal have this report.
You can view yesterday’s order of the U.S. Court of Appeals for the Eighth Circuit at this link.
“The Fifth Circuit Just Defunded the (Consumer Protection) Police; It’s good news for financial predators as a trio of Trump-appointed judges tees up a chance for the Supreme Court to take the CFPB’s cops off the beat”: Matt Ford has this essay online at The New Republic.
“Judge Ho’s Yale boycott is the best idea yet for pushing back on illiberal law schools”: Ilya Shapiro has this essay online at the Washington Examiner.
“SCOTUS maintains public silence on Dobbs opinion leak investigation”: Ariane de Vogue of CNN has this report.
“Linda Greenhouse — What’s Happened to the Supreme Court: Reflections on 45 Years of Court Watching.” The Indiana University Maurer School of Law has posted this video on YouTube.
“Remembering Judge Silberman”: The Federalist Society has posted on YouTube this discussion with D.C. Circuit Judge Gregory G. Katsas.
“How Iowa Supreme Court’s McDermott, Oxley have decided big cases”: Laura Belin has this post at her “Bleeding Heartland” blog.
“A U.S. Supreme Court justice, a couple of rock stars, and a bunch of academic dignitaries will cap Penn president inauguration; Dating back centuries, inaugurations brim with pomp and circumstance; Penn’s is one of five at local colleges this month”: Susan Snyder of The Philadelphia Inquirer has this report.
“Justice Sonia Sotomayor talks the importance of civic engagement, her career on the bench; In a visit to Chicago, Supreme Court Justice Sonia Sotomayor discussed her work as a judge and reckoning with increasing polarization in today’s politics”: Kaitlin Washburn of The Chicago Sun-Times has this report.
And Eric Bradner and Shania Shelton of CNN report that “Sotomayor speaks about the new dynamic of having 4 women on Supreme Court.”
“Jabari Wamble — Nominee to the U.S. Court of Appeals for the Tenth Circuit”: Harsh Voruganti has this post at his “The Vetting Room” blog.
“CFPB Funding Is Ruled Unconstitutional; The Fifth Circuit says Senator Warren’s scheme violates the separation of powers”: This editorial will appear in Friday’s edition of The Wall Street Journal.
“The Trumpiest Federal Appeals Court Did Something Truly Beyond the Pale”: Mark Joseph Stern has this jurisprudence essay online at Slate.
“Georgia Says A Fetus Is A Person. The Implications Are Terrifying. There’s a uniquely dangerous provision in Georgia’s abortion ban that paves the way for criminalizing pregnant people.” Alanna Vagianos of HuffPost has this report.
“Activists push for disclosure of clients and income of judges’ spouses; In a letter to Congress, four groups cite POLITICO report on loopholes in current ethics rules”: Hailey Fuchs of Politico has this report.
“Is Yale Law School Turning Over A New Leaf? Judges James Ho and Lisa Branch are heading to YLS — at the invitation of Dean Heather Gerken!” David Lat has this post at his “Original Jurisdiction” Substack site.
Update: David’s post contains a link to the full text of a letter that Judges Ho and Branch sent to Dean Gerken, along with this link to Judge Ho’s forthcoming Texas Review of Law & Politics essay based on the speech he delivered at the Sixth Annual Kentucky Chapters Conference of the Federalist Society in which he proclaimed his intent to boycott law clerks from YLS.
“AI Inventorship Ruling Inches Closer to Supreme Court Appeal”: Kelcee Griffis and Samantha Handler of Bloomberg Law have a report that begins, “The nation’s top patent court declined to reexamine inventor Stephen Thaler’s claims that artificial intelligence systems should be recognized as inventors in their own right, clearing the way for his planned Supreme Court appeal.”