“3. The Tenth Justice: This week’s issue introduces the unique (and, in recent years, increasingly contested) role of the “SG” — the Solicitor General of the United States.” Steve Vladeck has this post at his “One First” Substack site.
Steve’s post reveals that I wasn’t the only one who was expecting an Order List to issue from the U.S. Supreme Court this morning — demonstrating that we both need to consult the color-coded calendar at “SCOTUSblog” more frequently.
“Fresh off US Supreme Court prayer win, national firm backs TN county on Judeo-Christian preamble”: Angele Latham of The Tennessean has this report.
“Schools Are Resegregating. There’s a Push for the Supreme Court to Consider That.” Mark Walsh of Education Week has this report.
“US Sending More Female Attorneys to Argue at Supreme Court”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.
“A Trump judge seized control of ICE, and the Supreme Court will decide whether to stop him; Judge Drew Tipton’s order in United States v. Texas is completely lawless; Thus far, the Supreme Court has given him a pass”: Ian Millhiser has this essay online at Vox.
“An Unequal Liberty: Liberty does not have to mean what the Supreme Court thinks it means.” Law professor Lisa Heinzerling has this essay online at The Atlantic.
“The Supreme Court Gets a Fraud Test; The Justices hear two major cases on prosecutorial overreach”: This editorial appeared in Saturday’s edition of The Wall Street Journal.
“Judicial Notice (11.26.22): Biglaw’s Good News On Bonuses; Trump’s bad week in court, departures from Paul Weiss, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.
“The Unexpected Opportunity — Assessing the Landscape of Judicial Vacancies”: Harsh Voruganti has this post at his blog, “The Vetting Room.”
“Judicial Nominations Present Opportunity for Biden After Democrats Retain Senate; Installing new judges expected to remain a priority as president’s legislative agenda faces hurdles in divided Congress”: Laura Kusisto of The Wall Street Journal has this report.
“Man who killed 3 people in 2016 Thanksgiving crash must serve life in prison”: Paula Reed Ward of The Pittsburgh Tribune-Review has this report on a ruling that the Supreme Court of Pennsylvania issued yesterday.
The ruling consists of a majority opinion, a concurring opinion, and a dissenting opinion.
“Leaks go off like bombs at the Supreme Court”: Peter Kalis has this essay online at The Pittsburgh Post-Gazette.
“How the Supreme Court Plans to Undermine Future Elections: The clock is ticking for the pro-democracy ‘independent state legislature’ takeover.” Simon Lazarus has this essay online at The New Republic.
“The Supreme Court has a rare chance to protect Native American families; A Harvard Law student went to Washington, D.C., to witness the debate on the fate of the Indian Child Welfare Act; Tribal sovereignty is on the line”: Samantha Maltais will have this essay in this upcoming Sunday’s issue of The Boston Globe Magazine.
“Trump-appointed judges behind Yale boycott to speak at school next week”: Nate Raymond of Reuters has this report.
According to the article, this is a Yale University event that is separate from the talk the two judges are planning to give at Yale Law School at a date and time yet to be announced. Next week’s event will be live-streamed on YouTube via this link.
“The Supreme Court Is On Another Execution Spree; The Court considered four death penalty cases with serious constitutional issues; It gave states the go-ahead in all of them”: Yvette Borja has this post at Balls and Strikes.
“Georgia Supreme Court orders state’s abortion law back into effect”: Maya T. Prabhu of The Atlanta Journal-Constitution has this report.
And Kim Bellware of The Washington Post reports that “Georgia Supreme Court reinstates six-week abortion ban.”
You can access today’s per curiam order of the Supreme Court of Georgia at this link.
“Scotland Cannot Unilaterally Vote on Independence, Top U.K. Court Says; In a setback to Scottish nationalists, the judges ruled that a second referendum on breaking away from London needed the consent of the British Parliament”: Mark Landler of The New York Times has this report.
William Booth of The Washington Post reports that “U.K. Supreme Court rules that Scotland cannot hold independence referendum.”
And Max Colchester of The Wall Street Journal reports that “U.K. High Court Blocks Second Scottish Independence Vote; Scotland voted against breaking away in 2014, but its ruling party wants another vote in the wake of Brexit.”
The Supreme Court of the United Kingdom today issued this ruling and this press summary of the ruling.
“Trump Tax Order Is Latest Rebuff by Supreme Court That He Remade; Justices reject him for fourth time since he left White House; His claims over tax returns, Mar-a-Lago fail to get traction”: Greg Stohr of Bloomberg News has this report.
“Abortion Providers, North Dakota Tee Up Case Over Near-Total Ban”: Mary Anne Pazanowski of Bloomberg Law has an article that begins, “The fate of a near-total ban on abortion in North Dakota is now in the hands of the state’s top court, which will hear oral arguments Nov. 29 on whether to lift a lower court’s order blocking the ban’s enforcement.”
“Religious Liberty and the Right to Vacation in Jackson Hole: The problem isn’t the leaks; it’s the stench.” You can access today’s bonus episode of Slate’s “Amicus” podcast, featuring Dahlia Lithwick and her guest, U.S. Senator Sheldon Whitehouse (D-RI), via this link.
Among other things, they discuss Eleventh Circuit Chief Judge William H. Pryor Jr.‘s recent remarks at the Federalist Society’s National Lawyers Convention (see here, here, and here for some earlier coverage of the remarks).
“The Supreme Court’s New Second Amendment Test Is Off to a Wild Start; The majority’s arguments in last year’s big gun-control ruling has touched off some truly chaotic interpretations from lower courts”: Matt Ford of The New Republic has this report.
“Mother of Slain Professor Dan Markel Says There’s No Time Limit on Grief”: Naomi Feinstein of Miami New Times has this report.
“Trump Has a Bad Day at the Eleventh Circuit”: Anna Bower has this post at the “Lawfare” blog.
Senior U.S. District Judge Larry Alan Burns (S.D. Cal.) recuses from resentencings in two cases on remand from the Ninth Circuit based on disagreement with the appellate court’s decisions in the cases: You can access last week’s recusal decision at this link. I suspect that this sort of recusal happens quite rarely, which is why I thought it worth noting here.
“How the Supreme Court can start to regain Americans’ trust in its ethics”: The Washington Post has published this editorial.
Also online at The Washington Post, columnist Philip Bump has an essay titled “The Supreme Court has lost the benefit of the doubt.”
Online at CNN, law professor Mary Ziegler has an essay titled “Bombshell report deals another blow to the Supreme Court’s reputation.”
And online at The Nation, Elie Mystal has an essay titled “The Stench of Corruption Is Growing Stronger Around the Supreme Court; Chief Justice John Roberts insists the court can police itself, but all evidence points to the contrary.”
“Verizon appeal will be early test of corporate strategy to combat mass arbitration”: Alison Frankel’s “On the Case” from Reuters has this post.
“Court Appears Ready to End Special Master Review in Trump Files Inquiry; Two of the three judges had already expressed skepticism about a court’s intervention after the F.B.I. seized records from the ex-president’s home”: Charlie Savage and Alan Feuer of The New York Times have this report.
Perry Stein of The Washington Post reports that “Appeals panel grills Trump lawyer over FBI search of Mar-a-Lago; In hearing appeal of special master appointment, judges seem skeptical that court-approved search was improper or unlawful.”
Sarah D. Wire of The Los Angeles Times reports that “Appeals court panel skeptical of Trump’s arguments in Mar-a-Lago special master case.”
Jan Wolfe and Byron Tau of The Wall Street Journal report that “Appeals Court Weighs DOJ Challenge to Special Master in Trump Documents Probe; Panel questions whether lower-court judge erred in granting former president’s request to appoint arbiter to vet papers.”
And Bart Jansen of USA Today reports that “Appeals panel questions whether Trump seeks special treatment for Mar-a-Lago documents; Another three-judge panel of the 11th U.S. Circuit Court of Appeals previously ruled that the Justice Department could continue its criminal investigation while the special master reviews the records.”
“Cecilia ‘Cissy’ Marshall, keeper of Thurgood Marshall’s legacy, dies at 94; The former NAACP legal secretary married Marshall in 1955 and burnished his reputation as the leading legal architect of the civil rights movement”: Bart Barnes of The Washington Post has written this obituary.
“Targeting Justice Samuel Alito: The latest second-hand hearsay attempt to discredit the Supreme Court.” This editorial will appear in Wednesday’s edition of The Wall Street Journal.
“The Case for Supreme Court Term Limits Just Got a Lot Better”: Columnist Jamelle Bouie has this essay online at The New York Times.
“A History of Violence: Why does Alabama keep botching executions?” Elizabeth Bruenig has this article online at The Atlantic.
“Gov. Gretchen Whitmer makes historic pick for Michigan Supreme Court vacancy”: Craig Mauger of The Detroit News has an article that begins, “Gov. Gretchen Whitmer has chosen state Rep. Kyra Harris Bolden to fill a seat on the Michigan Supreme Court, making her the first Black woman to serve on the state’s high court.”
And Arpan Lobo of The Detroit Free Press reports that “Whitmer to name Kyra Harris Bolden to fill Michigan Supreme Court vacancy.”
“Is TRUMP TOO SMALL for the Supreme Court?” Dennis Crouch has this post at his “Patently-O” blog about an application for an extension of time to file a petition for writ of certiorari that the Solicitor General recently filed in the U.S. Supreme Court. (The Chief Justice granted the application, extending the deadline to file for cert. until December 29, 2022.)
And at “The TTABlog,” John L. Welch has previously covered this litigation in posts titled “CAFC Deems Section 2(c) Unconstitutional As-Applied in ‘TRUMP TOO SMALL’ Refusal to Register” and “Rejecting First Amendment Claim, TTAB Affirms Section 2(c) Refusal of TRUMP TOO SMALL for Shirts.”
“Congratulations To The 2023 Bristow Fellows; Gender diversity, yes — this is the first majority-female class since 2017 — but law school diversity, no”: David Lat has this post at his “Original Jurisdiction” Substack site.
