“The Supreme Court Needs Real Oversight: Without an effective system in place, problems like leaks and conflicts will not be adequately addressed, and public confidence in the Court will continue to plummet.” Glenn Fine has this essay online at The Atlantic.
“May ‘Bad Spaniels’ Mock Jack Daniel’s? The Supreme Court Will Decide. The justices have agreed to hear a trademark dispute with First Amendment overtones involving a dog toy’s bathroom humor and a distinctive whiskey bottle.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
“An Anti-Abortion Activist’s Quest to End the Rape Exception; For Rebecca Kiessling, helping mothers who’ve conceived children through sexual assault is part of a strategy for curtailing reproductive rights”: Eren Orbey has this article in the December 12, 2022 issue of The New Yorker.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.
“North Carolina’s dubious constitutional theory could undermine elections”: Columnist Karen Tumulty has this essay online at The Washington Post.
“After Arkansas Trial, Judge Weighs Legality of Ban on Care for Transgender Youth; The trial, the first over a challenge to a state ban on gender-affirming care, concluded last week; the judge has not indicated when he will rule”: Eliza Fawcett has this article in today’s edition of The New York Times.
“Supreme Court weighs ‘most important case’ on democracy”: Mark Sherman of The Associated Press has this report.
And in commentary, online at Vox, Ian Millhiser has an essay titled “The deranged Supreme Court case that threatens US democracy, explained; Moore v. Harper is a test of whether this Supreme Court can ever be trusted with power.”
“A New Clash Between Faith and Gay Rights Arrives at a Changed Supreme Court; A Colorado graphic designer says she has a First Amendment right to refuse to create websites for same-sex weddings despite a state anti-discrimination law”: Adam Liptak of The New York Times has this report.
And Robert Barnes of The Washington Post reports that “Wedding websites are the latest gay rights battleground in Colorado; The Supreme Court on Monday will consider whether a web designer’s refusal to produce same-sex-union sites violates public-accommodation law.”
“Judge grants RFRA-based preliminary injunction against abortion ban”: Leslie Bonilla Muñiz of Indiana Capital Chronicle has this report.
And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Court Holds That Indiana RFRA Provides Religious Exemptions from Abortion Ban; Note that the decision is not inconsistent with the Supreme Court’s holding in Dobbs, though it may of course still be overturned on appeal on other grounds.”
You can access Friday’s ruling of the Superior Court of Marion County, Indiana at this link.
“When the Abortion Clinic Came to Town: After Roe fell, a sleepy college town in Southern Illinois found itself to be a crucial destination for abortion access; Not all of its residents are happy about it.” Ava Sasani and Erin Schaff had this article in last Thursday’s edition of The New York Times.
“Antiabortion forces push local bans in states with legal access”: Lissandra Villa Huerta has this front page article in today’s edition of The Boston Globe.
“Does the 1st Amendment protect a right to discriminate?” Law professor Erwin Chemerinsky has this essay online at The Los Angeles Times.
“Supreme Court to review workplace dispute over free speech and gay marriage; Supreme Court to hold high-profile oral arguments Monday on free speech, religious rights”: Shannon Bream and Bill Mears of Fox News have this report.
“Krasner asks court to declare impeachment unlawful; The state Senate voted Wednesday to formally accept articles of impeachment against Krasner, setting the stage for a January trial on whether to remove Philadelphia’s district attorney”: Robert Moran of The Philadelphia Inquirer has this report.
You can access the filings in the case via this link.
“The big stakes in the Supreme Court’s new LGBTQ rights case: What is art? The Christian right wants that question to be decided by the Supreme Court in 303 Creative v. Elenis.” Ian Millhiser has this essay online at Vox.
“What happened to the investigation into the Dobbs draft leak?” James D. Zirin has this essay online at The Hill.
“Same-sex marriage and LGBTQ protections at center of another Supreme Court case; Justices will consider whether owners of certain creative businesses have a free speech right to refuse to undertake certain projects if they disagree with the message”: Lawrence Hurley of NBC News has this report.
“ABC Puts Supreme Court Drama on Its Docket; The network has ordered a pilot for ‘Judgement,’ about a candidate for a spot on the high court”: Rick Porter of The Hollywood Reporter has this article.
Update: In other coverage, Joe Otterson of Variety reports that “ABC Orders Legal Drama Pilot ‘Judgement’ From Joey Falco.”
And Peter White of Deadline reports that “Joey Falco Lands ‘Judgement’ Legal Soap Pilot At ABC.”
“The Supreme Court Case That Could Upend Elections: J. Michael Luttig, a retired judge, discusses how Moore v. Harper could impact our democracy; Plus, Susan Orlean on the death of a snack food.” You can access today’s new episode of The New Yorker Radio Hour with David Remnick via this link.
“Two Trump-Appointed Judges Rebuke a Third for Bending the Law in His Favor; The reversal of a district judge’s intervention in the Mar-a-Lago documents investigation shows the complexity of former President Donald J. Trump’s judicial legacy”: Charlie Savage and Alan Feuer of The New York Times have this news analysis.
“Supreme Court to Hear Student Debt Forgiveness Case; The justices left in place an injunction blocking the Biden administration’s authority to forgive up to $20,000 in debt per borrower”: Adam Liptak has this article in today’s edition of The New York Times.
You can access yesterday’s order of the U.S. Supreme Court at this link.
“Trump Strikes Out Before His Judges: Guess whose appointees keep putting the law above political loyalty?” This editorial will appear in Saturday’s edition of The Wall Street Journal.
“Of Free Speech, Non-Discrimination, and the Futility of Originalism”: Eric Segall has this blog post at “Dorf on Law.”
“Are federal judges violating the Constitution when they hire their clerks?” Columnist Ruth Marcus has this essay online at The Washington Post.
“‘Terrible mistake’: Dershowitz urges Netanyahu to spare Supreme Ct, scrap ‘override’; The staunch Israel supporter, once referred to by PM-designate as ‘one of the world’s greatest lawyers,’ says Israel’s Supreme Court is ‘the jewel of judiciaries around the world'”: Tobias Siegal of The Times of Israel has this report.
“I will tell Supreme Court speech must be kept free, that you don’t lose your rights when you start work; Free speech is on trial because Colorado wants to force a designer to violate her rights”: Kristen Waggoner has this essay online at Fox News.
Online at The Hill, David Boaz has an essay titled “The Supreme Court has another chance to uphold religious liberty for small business owners.”
And online at The American Prospect, law professor Marc Spindelman has an essay titled “The ‘Dobbs’ Promise Gets Tested at the Supreme Court; A Supreme Court case being heard next week will begin to test whether the elimination of rights in ‘Dobbs’ will remain limited to abortion.”
“With another heated Wisconsin election around the corner, Republicans hope to defuse abortion as a driving issue”: Corrinne Hess of The Milwaukee Journal Sentinel has an article that begins, “Wisconsin’s Republican leaders don’t want the state Supreme Court election to be a one-issue contest focused on abortion, with the prospect of a lawsuit challenging the state’s abortion ban potentially heading to the court next year.”
“Dispute over North Carolina congressional districts tees up major elections case at Supreme Court; The justices will consider whether to endorse a conservative theory that could limit power of state courts to review election-related laws enacted by legislatures”: Lawrence Hurley of NBC News has this report.
“Same-Sex Marriage Returns to Supreme Court in Web Designer’s Free Speech Bid; Website designer wants to exclude same-sex wedding couples; Opponents say the case poses risks to anti-discrimination laws”: Greg Stohr of Bloomberg News has this report.
And Andrew Chung of Reuters reports that “Web designer opposed to gay marriage at center of U.S. Supreme Court clash.”
“Republicans’ Supreme Court argument on redistricting could backfire”: Sam Wang has this essay online at The Washington Post.
“Is designer’s refusal to create website for same-sex wedding free speech or illegal discrimination?” Mark Walsh has this article online at ABA Journal.
And in commentary, in Friday’s edition of The Wall Street Journal, Nicholas Tomaino will have an op-ed titled “Can Colorado Tell Lorie Smith and 303 Creative What to Say? The Supreme Court takes up a web designer’s right to abstain from same-sex weddings.”
“New York State Wants to Conscript Me to Violate the Constitution; A new law requires me to post a policy for dealing with ‘hate speech’ in comments on my blog”: Law professor Eugene Volokh will have this op-ed in Friday’s edition of The Wall Street Journal.
And at “The Volokh Conspiracy,” Eugene has this related post.
“Appeals court halts special master review of documents seized at Mar-a-Lago in major defeat for Trump”: Tierney Sneed of CNN has this report on a unanimous per curiam decision that a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued this evening.
“Originalism is bunk. Liberal lawyers shouldn’t fall for it.” Columnist Ruth Marcus has this essay online at The Washington Post.
“Biglaw’s Latest Cancel-Culture Controversy: Is expressing support for the SCOTUS decision in Dobbs now a firing offense?” David Lat has this post at his “Original Jurisdiction” Substack site.