“The Horseracing Case and How It Misunderstands Private Delegation: Despite a recent Fifth Circuit case, there is no private nondelegation doctrine.” Sasha Volokh has this post at “The Volokh Conspiracy,” along with a post titled “The Horseracing Case, Part 2: Private Delegation Before and After Schechter Poultry; The Supreme Court has never held that private delegations have any special unfavorable treatment under the Article I Nondelegation Doctrine: quite the opposite!“
“How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions; The link between Bostock v. Clayton County and Students for Fair Admissions v. University of North Carolina“: Damon Root has this post online at Reason.
“Alabama woman jailed for using drugs during pregnancy wasn’t pregnant, lawsuit says”: Amy Yurkanin of AL.com has this report.
“The Impossibility of Principled Originalism”: Eric Segall has this blog post at “Dorf on Law.”
“The Real Problem With the Second Alleged Leak at the Court: It doesn’t matter if Alito preemptively revealed the outcome in Hobby Lobby; Consider the rest of the story.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“Panel Revealed to Hear Challenge to Trump Special Master Order; The panel will decide whether to reverse an order for a special master to review documents taken from Mar-a-Lago”: Avalon Zoppo of The National Law Journal has this report.
According to the article, the three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit assigned to hear and decide this appeal will consist of Chief Judge William H. Pryor Jr. and Circuit Judges Britt C. Grant and Andrew L. Brasher.
Because former President Trump appointed more than half of the active judges currently serving on the Eleventh Circuit, it is not a huge surprise that the panel consists of two Trump-appointed judges. And the presiding judge (along with Judge Grant) were on former President Trump’s #SCOTUS short-list. Whether this particular panel will be good for Trump (or not) remains to be seen, however, because these three are also regarded as law-and-order judges.
The Eleventh Circuit will live-stream the audio of the oral argument starting at 2 p.m. today via this link.
“Failures of capital punishment: Alabama, Missouri, and Oklahoma; Incompetence, racism, and . . . wanting to kill so badly that you set an execution date when the man isn’t even in your custody.” Chris Geidner has this post at his “Law Dork” Substack site.
And online at Slate, professor Austin Sarat has a jurisprudence essay titled “A New Low for Lethal Injections’ Cruelty and Incompetence: Three executions in two days — and all of them botched.”
“2. Opinions and Orders: This week’s issue offers an introduction to the two very different ways in which the Supreme Court resolves disputes, and why our attention tends to focus too much on one at the expense of the other.” Steve Vladeck, who may know a thing or two about something, has this post at his “One First” Substack site.
“How to Fix Our Remaining Election Vulnerabilities: In the midterms, election skeptics lost races in critical swing states; But an upcoming Supreme Court case and a federal reform bill could make all the difference.” Online at The New Yorker, Isaac Chotiner has this “Q&A” with law professor Richard L. Hasen, founder of the “Election Law Blog.”
“The Judge and the Case That Came Back to Haunt Him: In 1981, Anthony Kline helped send a juvenile offender to prison for four decades; This year, in a twist of fate, he had a chance to decide her case again.” In this upcoming Sunday’s edition of The New York Times Magazine, Jesse Barron will have an article that begins, “None of Anthony Kline’s colleagues had ever seen it happen. The most senior justice on California’s First District Court of Appeal, Kline was asking to be transferred to the juvenile bench, at the advanced age of 83.”
“Murkowski says Supreme Court abortion decision hurt Republicans in the midterms”: Riley Rogerson of The Anchorage Daily News has this report.
“Appeals court halts depositions of 3 Biden administration officials in social-media censorship suit; The 5th Circuit says judge failed to consider alternatives”: Josh Gerstein of Politico has this report on a per curiam decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.
“First Black woman, Asian-American named to state’s high court”: Katelyn Newberg of The Las Vegas Review-Journal has this report.
And Howard Stutz of The Nevada Independent reports that “Las Vegas attorney Patricia Lee named to Nevada Supreme Court.”
“John Roberts’s Early Supreme Court Agenda: A Study in Disappointment; Soon after he joined the court, the chief justice said he would seek to protect its credibility by encouraging narrow, unanimous rulings; That project has failed.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
“Alito’s Alleged 2014 Leak Fits Right Into the Anti-Abortion Playbook”: Law professor Mary Ziegler has this jurisprudence essay online at Slate.
“Ivey halts executions for ‘top-to-bottom review’ after two failed attempts”: Paige O. Windsor of The Montgomery (Ala.) Advertiser has this report.
And Ivana Hrynkiw of AL.com reports that “Gov. Kay Ivey orders moratorium on executions in Alabama.”
“Justice Samuel A-leak-o?” You can access today’s new episode of the “Strict Scrutiny” podcast via this link.
“Peeling Layers: The Onion‘s Head Writer Dishes on Satire and the World’s Funniest Amicus Brief.” Andrew Cohen has this report online at Berkeley Law.
In related news, at the 2022 AJEI Summit in Scottsdale a little over a week ago, I got to take a selfie with counsel of record on The Onion’s #SCOTUS amicus brief. I was hoping to report that he just doesn’t seem all that clever in person, but that wouldn’t be even remotely correct.
“Amy Coney Barrett urged to step away from gay rights case because of faith affiliation; The US supreme court justice’s history with the People of Praise raises questions about her impartiality in upcoming case”: Stephanie Kirchgaessner of The Guardian (UK) has this report.
“Senior Democratic lawmakers demand answers on alleged Supreme Court leak; Whitehouse and Johnson warn chief justice that if he won’t investigate, Congress will”: Josh Gerstein of Politico has this report.
“Supreme Court rules in favour of lowering voting age to 16 in case by ‘Make it 16’ group”: Vita Molyneux of The New Zealand Herald has this report.
And Tess McClure of The Guardian (UK) has an article headlined “Voting age of 18 is discriminatory, New Zealand supreme court rules; Campaign to lower voting age to 16 secures what it called a historic victory after judges rule human rights of young people are being breached.”
You can access Monday’s ruling of the Supreme Court of New Zealand at this link.
“Allegation of Supreme Court Breach Prompts Renewed Calls for Ethics Code; A minister’s claim that a major contraception decision had been prematurely disclosed through a secretive influence campaign underscored the court’s lack of transparency and accountability”: Jodi Kantor of The New York Times has this report.
“Judicial Notice (11.19.22): Another SCOTUS Leak? Trump gets a special counsel, a top law firm scores a billion-dollar win, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Could Katherine Magbanua get an ‘unusual’ deal in Dan Markel murder case? Attorneys weigh in.” Karl Etters of The Tallahassee Democrat has this report.
And online at The Toronto Sun, columnist Brad Hunter has an essay titled “Dan Markel murder liasion will point finger at ex’s family.”
“Justice Alito denies allegation of a leak in a 2014 case about access to birth control; The allegation comes six months after POLITICO’s publication of the Alito-authored draft ruling that overturned precedent guaranteeing a constitutional right to abortion”: Josh Gerstein of Politico has this report.
“The Backlash To Losing Roe v. Wade Is Just Getting Started; The Supreme Court’s Dobbs decision upending abortion rights helped Democrats stave off a ‘red wave’; It will continue to play a pivotal role in future elections”: Paul Blumenthal of HuffPost has this report.
“Justice Alito denies disclosing 2014 Hobby Lobby opinion in advance; Supreme Court justice has said leak of Dobbs abortion decision made conservative majority ‘targets for assasination'”: Robert Barnes and Ann E. Marimow of The Washington Post have this report.
Lawrence Hurley of NBC News reports that “Justice Alito denies involvement in alleged 2014 Supreme Court leak; Conservative Justice Alito issues statement in response to comments made by former anti-abortion campaigner in a New York Times report.”
Matt Spetalnick and Laura Sanicola of Reuters have an article headlined “Report of second major U.S. Supreme Court leak draws calls for probe.”
In commentary, at Balls and Strikes, Jay Willis has a post titled “Samuel Alito Is Exactly Who You Thought He Was; A wild New York Times report reveals just how thoroughly conservative activists managed to ingratiate themselves with their allies on the Supreme Court.”
And at “PrawfsBlawg,” Paul Horwitz has a post titled “Please Be Interesting!“
“Yale Law School Needs to Stand Up to This Bullying Judge: Why is the most prominent legal academy in the country bending to the will of Judge James Ho, an anti-cancel culture crusader threatening to boycott its students?” Law professor Steven Lubet has this essay online at The Daily Beast.
“The Federalist Society controls the federal judiciary, so why can’t they stop whining? All they do is win, win, win, no matter what. So why are America’s most powerful lawyers so unhappy?” Ian Millhiser has this essay online at Vox.
“Former Anti-Abortion Leader Alleges Another Supreme Court Breach; Years before the leaked draft opinion overturning Roe v. Wade, a landmark contraception ruling was disclosed, according to a minister who led a secretive effort to influence justices”: Jodi Kantor and Jo Becker have this front page article in today’s edition of The New York Times.
“Lawsuit Filed to Reverse Approval, Access to Abortion Pill; The action was filed by a conservative legal group that helped challenge the Roe v. Wade decision overturned by Supreme Court”: Liz Essley Whyte of The Wall Street Journal has this report.
Update: In other coverage, Laurie McGinley and Ariana Eunjung Cha of The Washington Post report that “Conservative group sues FDA to revoke approval of abortion pill.” You can view a copy of the complaint initiating suit at this link.
“Biden administration asks Supreme Court to reinstate student loan forgiveness program”: Robert Barnes and Danielle Douglas-Gabriel of The Washington Post have this report. You can view the federal government’s filing at this link.
“The Once-Sleepy Races That Are Getting Super Expensive — and Political”: Mary Harris has this jurisprudence essay online at Slate.
“National Injunction vs. Vacatur: The Tension Intensifies.” Samuel Bray has this post at “The Volokh Conspiracy.”
“Biden will ask Supreme Court to revive student debt relief plan; As it fights in court, the White House is weighing a decision on further extending the payment pause”: Michael Stratford of Politico has this report.
