“‘Nine Black Robes’ Review: A Curious Court Chronicle; For CNN’s Supreme Court analyst, a ‘far-right bloc’ controls the court, and Justice Samuel Alito wears a ‘heavy cloak of grievance.'” Kyle Peterson had this book review in yesterday’s issue of The Wall Street Journal.
“Joe Biden Embarrasses Elena Kagan (and I Console Her); Even an excellent teacher can do only so much with a dim pupil”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“Inside Janet Protasiewicz’s massive win in the Wisconsin Supreme Court race”: Alexander Shur of Wisconsin State Journal has this report.
Shawn Johnson of Wisconsin Public Radio reports that “For liberals, flipping Wisconsin’s Supreme Court was years in the making; The lopsided victory by Janet Protasiewicz continued trends for liberal court candidates, and for Wisconsin voters.”
Patrick Marley, Colby Itkowitz, Hannah Knowles, and Dylan Wells of The Washington Post report that “Wisconsin Supreme Court election sends message on abortion rights.”
And in today’s edition of The New York Times, Reid J. Epstein has a front page news analysis headlined “Wisconsin Rout Points to Democrats’ Enduring Post-Dobbs Strength; A resounding victory by a liberal judge who ran on abortion rights showed that a largely unified political left is keeping up its momentum, and served as a new warning sign to Republicans.”
“Oklahoma eyes first US religious charter school after Supreme Court rulings”: John Kruzel of Reuters has this report.
“Justice Thomas accepted luxury travel for years from GOP donor, report says”: John Wagner of The Washington Post has this report.
Tierney Sneed of CNN reports that “Justice Clarence Thomas accepted several luxury trips paid for by GOP megadonor, ProPublica report finds.”
Andrew Chung and John Kruzel of Reuters report that “Senators seek probes into report on undisclosed luxury trips by Supreme Court’s Thomas.”
Today’s broadcast of NPR’s “Morning Edition” contained an audio segment titled “ProPublica investigates luxury vacations gifted to Supreme Court Justice Thomas.”
And at the “Intelligencer” blog of New York magazine, Jonathan Chait has a post titled “Clarence Thomas and the Ethical Disaster of the Supreme Court: Undisclosed gifts from billionaires won’t even embarrass the right.”
“Clarence Thomas and the Billionaire”: Joshua Kaplan, Justin Elliott, and Alex Mierjeski of ProPublica have this report.
“Wisconsin Supreme Court Election Shows Abortion Continues to Sway Voters; Victory by abortion-rights supporter Judge Janet Protasiewicz underscores Republicans’ challenges in swing states”: Laura Kusisto and Shannon Najmabadi of The Wall Street Journal have this report.
“Judges Hear Claims Over Floyd Protest Near Trump White House”: Madison Alder of Bloomberg Law has this report (subscription required for full access) on an oral argument (access the audio via this link) that a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit heard yesterday.
“Biden Judicial Nominations Machine Slows Amid New Hiccups”: Tiana Headley of Bloomberg Law has this report.
“How a Texas abortion law could spur N.Y. climate lawsuits”: Lesley Clark of Climatewire has this report.
“But until the Supreme Court or our en banc court determines otherwise, the law of our circuit is that unlawful aliens are not part of ‘the people’ to whom the protections of the Second Amendment extend.” So ruled a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit in a decision issued today.
“Liberal Wins Wisconsin Court Race, in Victory for Abortion Rights Backers; Janet Protasiewicz prevailed in the state’s highly consequential contest for the Supreme Court, which will now be likely to reverse the state’s abortion ban and end the use of gerrymandered legislative maps”: Reid J. Epstein of The New York Times has this report.
“21. United States v. Nixon: In July 1974, the Supreme Court effectively cleared the way for the ouster of a sitting President—in a ruling that may have ultimately *bolstered* the presidency as an institution.” Steve Vladeck has this post at his “One First” Substack site.
“The Law Clerk Boycott Hits Stanford Law School; Plus sundry updates about SLS after the protest of Judge Duncan”: David Lat has this post at his “Original Jurisdiction” Substack site.
“Federalist Society Judges Acting Badly”: Eric Segall has this blog post at “Dorf on Law.”
“Appeals Court Punts on Due Process Rights for Guantánamo Detainees; The case could have resolved an important question about the scope of rights for noncitizens held at the wartime prison”: Charlie Savage and Carol Rosenberg of The New York Times have this report.
Today’s en banc ruling of the U.S. Court of Appeals for the D.C. Circuit has not yet been declassified for public access, but that court’s judgment can be accessed here.
“Large turnout expected for Wisconsin court election ahead of abortion case”: Patrick Marley of The Washington Post has this report.
Ben Kesling and Laura Kusisto of The Wall Street Journal report that “Wisconsin Voters Say They See State Supreme Court Election as Crucial; Decisions on gerrymandering, abortions could have wide-ranging effects.”
And Joseph Ax of Reuters reports that “With abortion in the balance, Wisconsin voters to choose new high court judge.”
Polls are scheduled to close in Wisconsin (barring any court-ordered extensions) at 9 p.m. eastern time, although those in line to vote by that time will be allowed to do so.
Update: The New York Times is posting updated election returns at this link.
“Roberts Rankled Colleagues as His Hold on Supreme Court Slipped, Book Says; Conservative judges griped about Roberts to author of the book; Account details court discord leading up to abortion ruling”: Greg Stohr of Bloomberg News has this report.
“3M’s bid to shield itself from earplug lawsuits faces skeptical judges”: Brendan Pierson and Dietrich Knauth of Reuters have this report.
If you have been waiting to hear Paul D. Clement argue a complicated and important bankruptcy appeal before Circuit Judge Frank H. Easterbrook, today is your chance via this link.
Circuit Judges Diane P. Wood and David F. Hamilton were also on the panel.
“The Oklahoma Supreme Court’s Abortion Decision Did Not Come Down Like Sam Alito Hoped; Alito’s opinion in Dobbs made a big show of returning abortion access to states; Now, courts in some of the reddest states in the country are throwing it back in his face”: Matt Irby has this post at Balls and Strikes.
“Ohio Supreme Court to decide case on changing gender on birth certificates”: Anna Staver of The Columbus Dispatch has this report.
You can access via this link the video of today’s oral argument before the Supreme Court of Ohio.
“Trump, ‘Dobbs’ and the Supreme Court’s aggressive push to the right; Joan Biskupic goes behind the scenes in ‘Nine Black Robes’ to show the widening gap between the conservative majority and the public”: Quinta Jurecic has this book review online at The Washington Post.
And at Shondaland, Vivian Manning-Schaffel has this interview with Biskupic about the book.
“Maine must stop trying to bypass Supreme Court decision on schools; The outcome in Carson v. Makin made clear that such religious discrimination in our education system must end; Why hasn’t it?” Courtney Jones has this essay online at The Portland (Me.) Press Herald.
“Democrats want to restore Roe. They’re divided on whether to go even further. Abortion is headed for the ballot in several swing states as activists clash over limits.” Alice Miranda Ollstein and Megan Messerly of Politico have this report.
“Columbia Law Students Call Kavanaugh A Rapist, Egged On By Radical Academic Department; Virtually all race-based groups said they would no longer help the school after mention of Kavanaugh that one called ‘a terrifying stamp of approval'”: Luke Rosiak of The Daily Wire recently had this report.
In other coverage, Ben Wilson of The Washington Free Beacon reports that “Columbia Law Students Throw Fit Because Classmates Met With Brett Kavanaugh.”
Alex Swoyer of The Washington Times reports that “Columbia Law School students outraged over fellow students meeting with Justice Kavanaugh.”
Jeffrey Clark of Fox News has a report headlined “Columbia Law students flip out over Kavanaugh event, call for protests: ‘White supremacist’; One student group claimed classmates visiting with the Supreme Court Justice perpetuated ‘patriarchy and the gender-based violence it facilitates.’”
And in commentary, The Wall Street Journal has published an editorial titled “Columbia Law Students Are Upset; Members of the school’s Federalist Society met Justice Kavanaugh; Students are horrified.”
“Judge Signals Impatience a Year Into Sept. 11 Case Plea Talks; Legal teams sent the Pentagon’s top lawyer policy questions in March 2022; The Biden administration has yet to reply”: Carol Rosenberg of The New York Times recently had this report.
“The Court Kills: Why do we slaughter our own children? Because the Supreme Court condones it.” Garry Wills has this essay online at The New York Review of Books.
“We hold that the court abused its discretion by denying the amended class certification motion based on a stand-alone and extra-textual rule against ‘fail-safe’ classes”: So rules a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit in a decision written by Circuit Judge Patricia A. Millett issued today.
“Preserving religious freedom in the workplace: Why the Supreme Court should resolve Groff v. DeJoy in line with traditional conceptions of religious freedom.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”
“Reversing the Legacy of Slaughter-House; A careful examination of the Privileges or Immunities Clause shows what we lost 150 years ago”: Ilan Wurman has this post at the “Law & Liberty” blog.
“U.S. Supreme Court Justice Sonia Sotomayor Calls on Students to Become ‘Champions of Change’ at 2023 Robert L. Levine Distinguished Lecture”: Erin DeGregorio of Fordham Law News has this report.
“Dan Kelly travels the state before Supreme Court election while Janet Protasiewicz is grounded by illness”: Daniel Bice of The Milwaukee Journal Sentinel has this report.
“With some of my fellow Stanford Law students, there’s no room for argument”: Tess Winston has this op-ed online at The Washington Post.
“Jehovah’s Witness’ suit says she lost state job over refusal to take loyalty oath”: Pamela Manson of UPI had this report back in November 2020.
Today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this decision reinstating the suit, which a federal district court had dismissed.
“The Most Profound Loss on Campus Isn’t Free Speech. It’s Listening.” Online at The New York Times, columnist Pamela Paul has an essay that begins, “On April 8, 1991, when I was a sophomore at Brown University, Supreme Court Justice Antonin Scalia came to campus to speak.”