“A Federal Court Just Took Judicial Obstruction of Biden’s Presidency to a New Level; The 5th Circuit’s latest salvo is even more dangerous than it seems”: Online at Slate, law professor Jody Madeira has this jurisprudence essay about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued Monday.
“Hamilton County Prosecutor Appointed as Supreme Court Justice”: Court News Ohio has a report that begins, “Joseph T. Deters, the longest-serving prosecutor in Hamilton County history, is appointed to serve as the 163rd justice of the Supreme Court of Ohio.”
“The problem is too many Americans no longer trust the Supreme Court. The solution is clear.” Law professor Erwin Chemerinsky has this essay online at The Sacramento Bee.
“Why the Jan. 6 Committee Let Ginni and Clarence Thomas Off the Hook: When you’re a justice, they let you do it.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“Hochul Taps First Latino Judge to Head New York’s Top Court; The nomination of Hector D. LaSalle, a moderate who leads a state court division, could anger Democratic lawmakers who wanted the governor to name a progressive”: Rebecca Davis O’Brien has this article in today’s edition of The New York Times.
Denis Slattery of The New York Daily News reports that “Opposition mounts against Hochul’s chief judge pick as unions, Dems and advocates disapprove.”
Keshia Clukey and Fawn Johnson of Bloomberg Law report that “Hochul Angers Unions, Progressives With Top NY Judge Pick.”
At his “New York Appeals” blog, Rob Rosborough has a post titled “Governor Hochul Nominates Presiding Justice Hector LaSalle to be New York’s First Latino Chief Judge!”
In commentary, online at Slate, Alexander Sammon and Mark Joseph Stern have a jurisprudence essay titled “Kathy Hochul’s Nominee for New York’s Top Judge Is an Absolute Disaster for Democrats; The governor had a chance to reshape the state’s highest court; She blew it.”
And at his “Law Dork” Substack site, Chris Geidner has a post titled “New York’s Hochul, Ohio’s DeWine both pick conservative prosecutors for state high court openings.”
“Florida Supreme Court approves DeSantis call for coronavirus vaccine grand jury”: John Kennedy of The Tallahassee Democrat has this report.
“For John Eastman and Clarence Thomas, an intellectual kinship stretching back decades; The Supreme Court justice and the lawyer referred by the House Jan. 6 panel for criminal investigation became acquainted years before Eastman served as Thomas’s clerk”: Emma Brown and Rosalind S. Helderman of The Washington Post have this report.
“The Ins and Outs of Navigating a Successful Appellate Practice”: Michelle Kallen has this essay online at Bloomberg Law.
“Biden Is Transforming the Federal Judiciary, But the Hardest Work Is Still Ahead; With Democrats remaining in control in the Senate, here’s where the White House’s judicial confirmations agenda likely goes next”: Yvette Borja has this post at Balls and Strikes.
“A Harvard Law professor broke the rules to let in WWII vets. They made ‘the best class there ever was.’ Refusing to reduce veterans to their test scores, Warren Seavey accepted some with questionable academic credentials — and others who hadn’t even applied.” Joshua Prager will have this cover story in this upcoming Sunday’s edition of The Boston Globe Magazine.
“New York’s updated gun restrictions up for another fight at high court; The conservative majority handed a big win to Second Amendment advocates last term but New York gun owners say the state has found a workaround to skirt the court’s ruling”: Kelsey Reichmann of Courthouse News Service has this report.
“Surprise! U.S. Chamber backs 3M, argues bankruptcy is fix for mass tort ills.” Alison Frankel’s “On the Case’ from Reuters has this post about an amicus brief filed Monday in the U.S. Court of Appeals for the Seventh Circuit.
“Law student diversity hits new high as schools await affirmative action ruling”: Karen Sloan of Reuters has this report.
“Chief justice in Ohio map flap: Court attacks harm democracy.” Julie Carr Smyth of The Associated Press has this report.
“Sotomayor and Kagan need to think about retiring; The US Senate is a fundamentally broken institution; Democratic judges need to account for that in their retirement decisions”: Ian Millhiser has this essay online at Vox.
“Supreme Court leaker of decision overturning Roe still not publicly identified more than 7 months later; The Supreme Court kicked off a new term in October without identifying the leaker”: Brianna Herlihy of Fox News has this report.
“The Supreme Court Is Going Out of Its Way to Remain Unaccountable; Your state board of cosmetology is probably more transparent than the nine lawyers who decide which people get rights and which don’t”: James LaRock has this post at Balls and Strikes.
“With This Supreme Court, the Way Liberals Dissent Matters”: Law professors Ryan D. Doerfler and Samuel Moyn have this guest essay online at The New York Times.
“The Biden Nominees Who Remain in Confirmation Limbo; President Joe Biden’s longest-waiting judicial nomination has been pending for more than 440 days”: Avalon Zoppo of The National Law Journal has this report.
“Republicans Find Home Court for Biden Suits in Western Louisiana”: Lydia Wheeler and Madison Alder of Bloomberg Law have this report.
“Supreme Judicial Court rejects bid to legalize ‘physician-assisted suicide’; Right-to-die campaign now moves to Massachusetts Legislature”: John R. Ellement and Robert Weisman have this front page article in today’s edition of The Boston Globe about a decision that the Supreme Judicial Court of Massachusetts issued yesterday.
“One more reason for the Supreme Court to take up class incentive award issue”: Alison Frankel’s “On the Case” from Reuters has this post.
“Abortion roiled the midterms. Now it will define the presidential race. The Supreme Court’s June ruling erasing federal abortion rights has created a new litmus test in Republican presidential politics.” Alice Miranda Ollstein and Meridith McGraw have this report online at Politico.
And Elena Schneider and Holly Otterbein of Politico have a report headlined “‘THE central issue’: How the fall of Roe v. Wade shook the 2022 election; More than 50 Democratic and Republican elected officials, campaign aides and consultants took POLITICO inside the first campaign after the Supreme Court’s landmark ruling.”
“U.S. abortion fight in 2023 to focus on state laws, medication”: Brendan Pierson of Reuters has this report.
“America’s Trumpiest court doesn’t care if your right to a fair trial was violated; The Fifth Circuit’s decision in Crawford v. Cain is a monument to judicial lawlessness”: Ian Millhiser has this essay online at Vox about a ruling that a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued last Thursday.
“No free PACER as U.S. lawmakers exclude proposal from spending bill”: Nate Raymond of Reuters has this report.
“What One Black Judge’s Family History Can Teach Us About Justice: This is why representation matters.” Dahlia Lithwick has this jurisprudence essay online at Slate.
“Top Ten Worst SCOTUS Moments of 2022”: Eric Segall has this blog post at “Dorf on Law.”
“Kansans voted to keep their judges. But the state’s high court will once again be in spotlight.” Andrew Bahl of The Topeka Capital-Journal has this report.
“An ‘Imperial Supreme Court’ Asserts Its Power, Alarming Scholars; Several new studies document the current court’s distinctive insistence on its dominance and the justices’ willingness to use procedural shortcuts to achieve it”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
“Ohio’s first female Supreme Court justice reflects on career”: Jim Provance of The Toledo Blade has this report.
“Judicial Notice (12.17.22): FTX, SBF, WTF? Chief Judge Pryor speaks candidly with a critic, Jones Day does Jones Day, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Trial of Charlie Adelson, accused mastermind of Dan Markel murder, set for April”: Christopher Cann of The Tallahassee Democrat has this report.
“Voter ID, partisan gerrymandering struck down in NC rulings just before court flips to GOP”: Will Doran of The News & Observer of Raleigh, North Carolina has this report.
The Supreme Court of North Carolina issued 4-to-3 rulings in these two cases yesterday, and you can access the rulings here and here.
“How an obscure Christian right activist became one of the most powerful men in America: A rule governing federal courts in Texas turned a former lawyer for the religious right into one of the most powerful people in the United States.” Ian Millhiser has this essay online at Vox.