“27. Why I Wrote (and Hope You’ll Read) a Book About the ‘Shadow Docket’: With publication day coming tomorrow, a personal reflection on trying to make the more technical side of the Court’s history, output, and impact more accessible to lawyers and non-lawyers alike.” Steve Vladeck has this post at his “One First” Substack site.
And at his “Law Dork” Substack site, Chris Geidner has a post titled “The Law Dork Q&A with The Shadow Docket author Steve Vladeck: Why a book on the shadow docket? ‘Because there hasn’t been one before.’ Why the SCOTUS shadow docket matters, and when everything changed.”
“What’s Going on So Far This Term”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
“The Real Scandal Surrounding Clarence Thomas’s Gifts: Supreme Court Justices, alone in our system, are not truly regulated by anyone other than themselves.” Law professor Jeannie Suk Gersen has this Comment in the Talk of the Town section of the May 22, 2023 issue of The New Yorker.
And in that same issue, Gersen also has a Books essay titled “The Dark Side of Defamation Law: A revered Supreme Court ruling protected the robust debate vital to democracy — but made it harder to constrain misinformation; Can we do better?“
“The Case for Violating the Debt Limit Is Dangerous Nonsense”: Law professor Michael W. McConnell has this guest essay online at The New York Times.
“The Second Amendment Allows a Ban on the AR-15; Ordinary people don’t carry semiautomatic rifles for self-defense”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Free speech or federal crime? Protesters are still marching outside conservative Supreme Court justices’ homes; Some senators want to use a federal law to charge those who continue to picket — even though it could be on shaky constitutional grounds.” Lawrence Hurley of NBC News has this report.
“Michael Noriega is Murphy’s pick for N.J. Supreme Court; Former public defender, immigration rights attoney, and ACLU outside counsel, would become lone Hispanic on state’s highest court”: David Wildstein of the New Jersey Globe has this report.
“Three-judge panel poised to uphold Jan. 6 obstruction cases; During an oral argument Thursday, the Justice Department seemed likely to prevail on its interpretation of a key obstruction statute”: Kyle Cheney of Politico has this report.
“A pointed message from one judge to nine others about race and guns”: Columnist Ruth Marcus has this essay online at The Washington Post.
“Clarence Thomas, Harlan Crow And The Original Meaning Of Corruption: The justice’s relationship with conservative donors and judicial activists is corrupt if we follow his preferred method of legal interpretation.” Paul Blumenthal of HuffPost has this report.
“DOJ says Biden administration will appeal judge’s rulings on migrants; The Biden administration also wants its policy to go forward while the appeals process plays out”: Josh Gerstein and David Cohen of Politico have this report.
“Justice’s Files Offer Insights Into Student Prayer and Other Supreme Court Education Cases; What the papers of late Supreme Court Justice John Paul Stevens reveal”: Mark Walsh of Education Week has this report.
“The ‘Stop the Steal’ Judge Who Wants a Seat on Pennsylvania’s Supreme Court; Patricia McCullough, who is on the ballot on Tuesday, handed Donald Trump a rare legal victory in 2020 and has sided with the GOP on other election cases, only to be repeatedly struck down by the high court she now wants to join”: Alex Burness of Bolts has this report.
“In new filings, lawyers disagree over whether court should decide major election case”: Amy Howe of “SCOTUSblog” has this post.
“Supreme Court won’t review constitutionality of Medicaid coverage ban for trans surgery”: Michaela Ramm of The Des Moines Register has a report that begins, “The Iowa Supreme Court has declined to weigh in on a judge’s decision that a state rule banning Medicaid coverage for gender-affirming surgery is unconstitutional.”
“Clarence Thomas Can’t Undermine the Legitimacy of the Supreme Court Fast Enough”: Columnist Jamelle Bouie has this essay online at The New York Times.
“In new Supreme Court decision, abortion lurks just below the surface; A ruling on a California animal welfare law could embolden states seeking to regulate abortion across state lines”: Josh Gerstein of Politico has this report.
“The Unjust Attacks on Thomas, Alito, and Roberts; Recent criticisms of them are rooted in double standards”: Dan McLaughlin has this article in the May 29, 2023 issue of National Review magazine.
“Supreme Court Upholds California Law on Humane Treatment of Pigs; The court ruled that the measure did not violate constitutional limits on state laws that affect conduct beyond the state’s borders”: Adam Liptak of The New York Times has this report.
Robert Barnes of The Washington Post reports that “Supreme Court upholds California law on humane pork sales; Proposition 12 bans selling products derived from sows that don’t have at least 24 square feet of space and the ability to stand up and turn around in their pens.”
David G. Savage reports that “Supreme Court upholds California animal cruelty law that bans narrow cages for pigs.”
Bob Egelko of The San Francisco Chronicle reports that “Supreme Court upholds California law limiting pig confinement for pork producers.”
Jess Bravin and Jan Wolfe of The Wall Street Journal reports that “Supreme Court Rejects Pork-Industry Challenge to California’s Animal-Cruelty Law; Ruling eases states’ ability to regulate products and services originating outside their territory.”
John Fritze of USA Today reports that “Supreme Court sides with California on animal welfare law that could have impact beyond bacon.”
And Alex Swoyer of The Washington Times has a report headlined “Saving their bacon: Supreme Court upholds California’s animal welfare law for pork sales.”
You can access yesterday’s 5-to-4 ruling of the U.S. Supreme Court in National Pork Producers Council v. Ross, No. 21-468, at this link.
“‘A Check for the Judiciary’: Legal’s Social Media Stars Say Emerging Tech Is Changing Bar, Court Dynamics.” Max Mitchell of The Legal Intelligencer has this report.
“Judge in Virginia Strikes Down Federal Limit on Age of Handgun Buyers; The ruling in Richmond is one of the first successful challenges to gun control laws under the Supreme Court’s landmark 2022 Bruen decision”: Glenn Thrush of The New York Times has this report.
You can access today’s ruling of the U.S. District Court for the Eastern District of Virginia at this link.
“The Supreme Court’s Pork Decision Fractured the Justices in the Weirdest Way Possible”: Mark Joseph Stern has this Jurisprudence essay online at Slate.
And online at Vox, Ian Millhiser has an essay titled “The Supreme Court rediscovers humility — in a case about pigs; The justices just did something very unusual: They didn’t try to make themselves even more powerful.”
“Chertoff, who endorsed Supreme Court’s leak investigation, warns judges to stay vigilant; Leakers may think twice if ‘they’re going to be punished,’ Michael Chertoff told a judicial conference”: Josh Gerstein of Politico has this report.
“Replacing Harry Blackmun: Clinton searches for candidate ‘with a big heart.'” Ed Whelan has this post at his “Confirmation Tales” Substack site.
“US appeals court judge sues to halt competency probe”: Blake Brittain of Reuters has this report.
You can view the complaint filed yesterday in the U.S. District Court for the District of Columbia at this link.
“US appeals court overturns first ‘Varsity Blues’ scandal convictions”: Jonathan Stempel and Nate Raymond of Reuters have this report on a ruling that the U.S. Court of Appeals for the First Circuit issued today.
“Clarence Thomas’s 2011 Ethics Complaints Are Under Senate Scrutiny; Bloomberg revealed new details on tension over 2011 complaints; Democratic senator is asking judiciary for more information”: Zoe Tillman of Bloomberg News has this report.
Earlier, Tillman reported that “Justice Thomas Ethics Review Questioned by US Court Leader in 2012; Thomas faced complaints in 2011 over reporting wife’s income; Judiciary leadership member objected to lack of information.”
“GOP megadonor Harlan Crow rebuffs congressional request to disclose details about travel and real estate deals with Clarence Thomas”: Ariane de Vogue, Shawna Mizelle, Lauren Fox, and Tierney Sneed of CNN have this report.
And Benjamin Guggenheim of Politico reports that “Senate tax chief says billionaire Crow ‘stonewalling’ over perks for Clarence Thomas; Wyden has previously said he would ‘explore using other tools at the committee’s disposal’ should Crow not cooperate with the request.”
“SCOTUS ruled against a California labor law. State Supreme Court might uphold it anyway.” Bob Egelko of The San Francisco Chronicle has this report.
“How Troubling Are the Payments and Gifts to Ginni and Clarence Thomas? They’ve gone on for years and they raise serious questions about accountability at the Supreme Court.” Jane Mayer has this Daily Comment online at The New Yorker.
“A new Supreme Court case seeks to legalize assault weapons in all 50 states; A case on the Court’s ‘shadow docket’ could strike down state and local bans on AR-15s and similar weapons”: Ian Millhiser has this essay online at Vox.
“He followed strict rules as a judge, and wants Supreme Court justices to do the same”: This audio segment appeared on today’s broadcast of NPR’s “Morning Edition.”
“Is it OK for a Supreme Court justice to accept bagels and lox from her high school friends? Elena Kagan had concerns about a Russ & Daughters gift basket; Meanwhile, Clarence Thomas accepted favors reportedly worth millions.” Beth Harpaz of the Forward has this report.
“Senate panel asks Crow for full accounting of gifts to Thomas, other justices; The Senate Judiciary Committee’s Democrats also asked for a list of guests who had access to Thomas during his luxury travels”: Liz Goodwin and Marianne LeVine of The Washington Post have this report.
Shawna Mizelle and Ariane de Vogue of CNN report that “Senate Democrats turn up pressure on Clarence Thomas’ billionaire friend by demanding accounting of gifts.”
And Summer Concepcion of NBC News reports that “Senate Democrats ask billionaire Harlan Crow to list gifts to Clarence Thomas and any other justices; Democrats on the Judiciary Committee requested the GOP megadonor provide an itemized list of gifts worth more than $415 that he gave to Thomas or any other justice or their family members.”
“DEI Brings Kafka to My Law School; Ohio Northern University is trying to banish me for lack of ‘collegiality’ but won’t say what I’ve done”: Law professor Scott Gerber has this essay online at The Wall Street Journal.
