“What Scalia’s Defense of a Free Jet Trip Says About Thomas’s Travels; In a combative 2004 memo rejecting calls for his recusal, Justice Antonin Scalia discussed whether a trip on a litigant’s plane was a gift that had to be disclosed”: Adam Liptak has this new installment of his “Sidebar” column in today’s edition of The New York Times.
“Some Levity On A Technical Oral Argument Day”: Josh Blackman has this post at “The Volokh Conspiracy.” It was good to see Josh at yesterday’s U.S. Supreme Court oral arguments.
Sixth Circuit panel holds that a bump stock is not a “part” of a “machinegun” under the National Firearms Act: You can access today’s ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
“Best Suits”: You can access the current episode of the “Divided Argument” podcast via this link.
“What’s next for mifepristone?” You can access the current episode of the “Strict Scrutiny” podcast via this link.
“24. Justice Alito and the Shadow Docket: A detailed look at Justice Alito’s eye-opening dissent from the Court’s Friday night stay in the mifepristone case.” Steve Vladeck has this post at his “One First” Substack site.
“The Supreme Court Isn’t Done With Abortion. Not by a Long Shot. Abortion pill is first of many clashes that may reach justices. Dobbs left open issues of abortion travel bans, mail drugs.” Greg Stohr of Bloomberg News has this report.
“The Jurisprudence of Justice Samuel Alito: A Symposium.” The Harvard Journal of Law & Public Policy’s online Per Curiam site has posted online this symposium featuring many authors with whom you are likely familiar, including four currently serving federal appellate judges.
“Interview: Sai Prakash.” Hugo Rosen has this post at the “High School SCOTUS” blog.
“Harlan Crow, the Billionaire Tied to Clarence Thomas, Wields Texas Influence; He and his wife have contributed at least $14.7 million to state and federal political candidates, committees and parties over the past three decades”: Patrick Clark, Simone Foxman, and Shelly Hagan of Bloomberg News have this report.
And Zoe Tillman of Bloomberg News reports that “Clarence Thomas’s Billionaire Friend Did Have Business Before the Supreme Court; Justice didn’t recuse from rejection of architecture firm case; Harlan Crow said he had no knowledge of or involvement in case.”
“Law firm head bought Gorsuch-owned property; The Supreme Court justice did not report the identity of the purchaser, whose firm has had numerous cases before the court”: Heidi Przybyla of Politico has this report.
“The Supreme Court Takes Up ‘Home-Equity Theft’; Officials sold Geraldine Tyler’s condo to settle a tax debt—then pocketed an extra $25,000”: Christina Martin had this op-ed in yesterday’s edition of The Wall Street Journal.
“An inside look at the Supreme Court’s conservative transformation”: Joan Biskupic discussed her new book on Thursday’s broadcast of WBUR’s “On Point.”
“The Supreme Court Stopped Short of a Radical Act; Both the mifepristone ruling and the Wisconsin judicial election suggest the politics of court reform are shifting”: Law professor Aziz Huq has this essay online at Politico Magazine.
“The Supreme Court delivers a sigh of relief — and an outrageous dissent”: Columnist Jennifer Rubin has this essay online at The Washington Post.
“Judicial Notice (04.22.23): Outfoxed By Dominion; Estimated legal fees in Dominion v. Fox, David Boies’s take on the case, and other (non-Dominion) legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.
Greetings from Washington, DC: Where I will be attending tomorrow morning’s two U.S. Supreme Court oral arguments, including one that’s very #OnBrand (and another that, to its credit, was at least interesting enough to merit a “SCOTUSblog” preview).
“Law firms take a pass on paying for Twitter checks, but some star attorneys shell out”: Jenna Greene of Reuters has this report.
“The Democrats’ Appalling Failure to Confront the Rogue, Right-Wing Supreme Court; The party needs to take its cue from America’s most celebrated leaders, who had no fear of talking directly to the public about the Constitution”: Simon Lazarus has this essay online at The New Republic.
“Chief Justice John Roberts punts on request to investigate Clarence Thomas”: Ariane de Vogue of CNN has this report.
“The Supreme Court that overturned Roe v. Wade now takes it slow on abortion”: Joan Biskupic of CNN has this news analysis.
“With Supreme Court poised to eliminate use of race in college admissions, states with existing bans offer a sobering view”: Hilary Burns of The Boston Globe has this report.
“Chief Justice John Roberts’ Mockery of Stalking Victims Points to a Deeper Problem; The justices take their own safety very, very seriously. Everybody else’s? Not so much.” Law professor Mary Anne Franks has this jurisprudence essay online at Slate.
And today’s episode of Slate’s “Amicus” podcast, on which Franks is Dahlia Lithwick’s guest, is titled “John Roberts’ Unfunny Stalking Jokes at SCOTUS; A cyber-stalking case highlights whose safety matters to SCOTUS when it comes to free speech.”
“The Stealth Impeachment of Judge Newman in the Federal Circuit: Chief Judge Kimberly Moore cannot be the judge, jury, and executioner of her colleague.” Josh Blackman has this post at “The Volokh Conspiracy.”
“Details about multimillion-dollar stock holding concealed in abortion pill judge’s financial disclosures”: Casey Tolan and Isabelle Chapman of CNN have this report.
“Religion Has Friends Among Judges in High Places”: Linda Greenhouse has this guest essay online at The New York Times.
“In Abortion Pill Ruling, the Supreme Court Trades Ambition for Prudence; The court’s order seemed to vindicate a commitment in last year’s decision in Dobbs: to leave further questions about abortion to the political process.” Adam Liptak of The New York Times has this news analysis.
And Lydia Wheeler and Kimberly Strawbridge Robinson of Bloomberg Law report that “Supreme Court’s Handling of Abortion Case Embraces Past Practice.”
“ShotSpotter reports gunshots in Pittsburgh 3,000 times a year. One case could deflect its use in court. The alert system is increasingly important in police efforts to understand and address gun crime, but the state Supreme Court may soon address whether it tilts the scales of justice.” Charlie Wolfson, Amelia Winger, and Rich Lord of PublicSource had this report back in August 2022.
The Supreme Court of Pennsylvania heard what turned out to be a very interesting oral argument in this appeal earlier this week, and you can access the oral argument audio via this link.
The issue Pennsylvania’s highest court granted review to decide is “[w]hether a ‘Shotspotter Investigative Lead Summary’ written report, which purports to show the time and location of a shooting incident and was offered as substantive evidence to the jury at trial, is testimonial in nature and subject to the protections afforded under the Confrontation Clause enshrined in the Sixth Amendment of the United States Constitution and Article I, Section 9 of the Pennsylvania Constitution.”
“Renowned Federal Judge Retains NCLA to Oppose CAFC Chief Judge’s Unlawful Efforts to Oust Her”: Today, the New Civil Liberties Alliance issued a news release that begins, “The New Civil Liberties Alliance, a nonpartisan, nonprofit civil liberties group, has written to Chief Judge Kimberly A. Moore of the U.S. Court of Appeals for the Federal Circuit expressing concern with her efforts to remove fellow U.S. Circuit Judge Pauline Newman.”
You can access the letter at this link.
“Probe of federal appeals judge tests aging US courts”: Jacqueline Thomsen, Andrew Goudsward, and Blake Brittain of Reuters have this report.
“Supreme Court preserves access to key abortion drug as appeal proceeds”: Robert Barnes and Ann E. Marimow of The Washington Post have this report.
David G. Savage of The Los Angeles Times reports that “Supreme Court sides with FDA on abortion pills, blocks Texas rulings for now.”
Laura Kusisto and Jess Bravin of The Wall Street Journal report that “Supreme Court Rules Abortion Pill Mifepristone Can Stay on the Market; Justices block lower-court order that would have imposed new limits on drug.”
John Fritze and Christine Fernando of USA Today have an article headlined “Abortion pill: Supreme Court halts mail, telehealth restrictions on mifepristone.”
And Alex Swoyer of The Washington Times reports that “Supreme Court blocks restrictions on abortion pill from taking effect, for now.”
You can access this evening’s 7-to-2 order of the U.S. Supreme Court at this link.
“Do Law Schools Truly Have to Worry About Students Not Being Able to Handle Real-World Disagreements?” Neil H. Buchanan has this blog post at “Dorf on Law,” accompanying his essay online at Justia’s Verdict titled “How Should Universities Respond to Organized Right-Wing Trolling?“
“Judge José Cabranes Recounts His Supreme Court Candidacy; ‘If they kill me for the Supreme Court, they kill me for the Second Circuit'”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“Forensic Psychiatrist Calls Ex-C.I.A. Prisoner’s Confession Voluntary; Prosecutors enlisted the full-time legal consultant to counter claims that a Saudi prisoner accused in the bombing of the destroyer Cole was in a state of ‘learned helplessness’ at Guantánamo Bay”: Carol Rosenberg of The New York Times has this report.
“Judge who suspended abortion pill failed to disclose interviews that discussed social issues”: Andrew Kaczynski and Em Steck of CNN have this report.