“Senate Republicans Oppose Clinton’s Terrible Eleventh Circuit Pick; Nomination of Rosemary Barkett contradicts Clinton’s tough-on-crime rhetoric”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“Misreading the Court: Biskupic’s caricatures of originalist justices and decisions may mislead casual observers, but they offer little insight for those who follow the court.” John O. McGinnis has this book review post at the “Law & Liberty” blog.
“The demise of the Chevron doctrine is nigh”: Columnist Henry Olsen has this essay online at The Washington Post.
“Clarence Thomas should get out his checkbook and reimburse Harlan Crow”: Columnist Ruth Marcus has this essay online at The Washington Post.
“Husband Sued Over His Ex-Wife’s Abortion; Now Her Friends Are Suing Him; A Texas man says text messages on his ex-wife’s phone show the women helped her obtain an abortion; The women say he invaded their privacy”: Emily Bazelon of The New York Times has this report.
“Judicial activist directed fees to Clarence Thomas’s wife, urged ‘no mention of Ginni’; Leonard Leo told GOP pollster Kellyanne Conway to bill nonprofit, then use money to pay spouse of Supreme Court justice”: Emma Brown, Shawn Boburg, and Jonathan O’Connell have this report.
“Political Polarization, Legal Education, and a Few Modest but Serious Proposals”: Eric Segall has this blog post at “Dorf on Law.”
“The aggrieved Justice Alito points fingers but offers no proof”: Columnist Ruth Marcus has this essay online at The Washington Post.
“Clarence Thomas Had a Child in Private School. Harlan Crow Paid the Tuition. Crow paid for private school for a relative Thomas said he was raising ‘as a son.’ ‘This is way outside the norm,’ said a former White House ethics lawyer.” Joshua Kaplan, Justin Elliott, and Alex Mierjeski of ProPublica have this report.
“25. Judicial Independence vs. Judicial Accountability; The debate over whether individual Justices have behaved appropriately in specific cases underscores why it’s so important for the Supreme Court as an institution to be more accountable.” Steve Vladeck has this post at his “One First” Substack site.
“Mandatory Retirement? Cognitive Assessments? Probe Into Judge’s Fitness Spurs Debate Over Life Tenure; Pauline Newman’s case also addresses the difficulty of telling older judges when they have lost more than a step.” Avalon Zoppo of The National Law Journal has this report.
“Justice O’Connor created the framework and the heart of the language for Chief Justice Rehnquist’s concurring opinion in Bush v. Gore”: Derek Muller has this post at the “Election Law Blog.”
“Ethics, Shmethics”: You can access this week’s new episode of the “Strict Scrutiny” podcast via this link.
“From The Classroom To The Courtroom: An Interview With Neal Katyal; A law professor turned Supreme Court advocate, the former Acting Solicitor General has argued more SCOTUS cases than any other minority lawyer.” You can access today’s new episode of David Lat’s “Original Jurisdiction” podcast via this link.
“US appeals court halts midnight filings over lawyers’ objections”: Andrew Goudsward of Reuters has a report that begins, “A federal appeals court on Tuesday adopted a proposal that would require most legal briefs and other court documents to be submitted by 5 p.m. on the day they are due, putting an end to the practice of lawyers and paralegals working until midnight to complete filings.”
“He took a $500 leaf blower but Ohio Supreme Court says it wasn’t burglary”: Laura A. Bischoff of The Columbus Dispatch has this report.
And Dan Trevas of Court News Ohio reports that “Burglary Conviction Vacated for Man Who Strolled Into Open Garage to Steal Leaf Blower.”
You can access today’s ruling of the Supreme Court of Ohio at this link.
“Sheldon Whitehouse vs. the Supreme Court: One witness dismantles the Senator’s plan to control the Justices.” This editorial appears in today’s edition of The Wall Street Journal.
“The Supreme Court’s Ethics Issues Are Not All Created Equal; But it’s the justices’ own fault that they’re all lumped together”: Dahlia Lithwick and Mark Joseph Stern have this Jurisprudence essay online at Slate.
“The justices’ ethics are to blame for the court’s legitimacy problems”: Columnist Ruth Marcus has this essay online at The Washington Post.
“Once-private SCOTUS files reveal how the justices were concerned about not appearing political in Clinton v. Jones case”: Devan Cole of CNN has this report.
“What the Supreme Court Does in the Shadows: Unsigned, unexplained orders have reshaped American law.” Adam Serwer has this article online at The Atlantic.
“Judge Ana de Alba — Nominee to the U.S. Court of Appeals for the Ninth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”
“New documents show how Sandra Day O’Connor helped George W. Bush win the 2000 election”: Joan Biskupic of CNN has this report.
“Third Circuit Adopts Early Filing Deadline Despite Dissent”: Lydia Wheeler of Bloomberg Law has this report.
The “dissent” mentioned in the headline refers to opposition that the court received from practitioners during the notice and comment period. Today’s Third Circuit order adopting the rule change does not note any dissents.
“Deep divide at Supreme Court ethics hearing, despite some GOP calls for action; Questions over disclosures and potential conflicts have weakened public approval of the justices, prompting new scrutiny”: Ann E. Marimow and Robert Barnes of The Washington Post have this report.
And Josh Gerstein and Katherine Tully-McManus of Politico report that “GOP senators call on Supreme Court to ‘update’ ethics oversight; While Republicans at the Senate Judiciary Committee hearing focused on the high court’s ethics mostly called it a partisan spectacle, some acknowledged justices needed to take action.”
“It’s Time to Reacquaint Americans With the Possibility of Changing the Constitution. Here’s Where to Begin.” Law professors Kate Shaw and Julie C. Suk have this guest essay online at The New York Times.
“The Senate Judiciary Committee is quickly advancing nominees”: U.S. Senator Richard J. Durbin (D-IL) has this letter to the editor online at The Washington Post.
“If Justice Alito Doesn’t Have Enough Evidence to Name the Dobbs Leaker, Maybe He Shouldn’t Say He Knows Who It Was”: Michael C. Dorf has this post at his blog, “Dorf on Law.”
“These law schools sent the most grads to federal clerkships”: Karen Sloan of Reuters has this report.
“Why Harlan Crow Purchased Clarence Thomas’s Mother’s Home; The transaction was conducted ethically — but the Left’s attacks on Justice Thomas have nothing to do with ethics”: Mark Paoletta has this essay online at National Review.
“Windfall tax seizure case in Michigan deepens appellate split on class standing issue”: Alison Frankel’s “On the Case” from Reuters has this post.
U.S. Court of Appeals for the Third Circuit adopts “amended rules [that] create a uniform 5:00 p.m. E.T. deadline for filings (electronic and otherwise) and will become effective on July 1, 2023.” You can access the press release and the order.
“Release of Justice Stevens’s Private Papers Opens Window Into Supreme Court; The justice’s files on thousands of cases, including landmark decisions on abortion and the 2000 election, were made public”: Adam Liptak of The New York Times has this report.
“Wisconsin Supreme Court rules for Aurora hospital that refused to administer ivermectin for COVID-19”: Molly Beck of The Milwaukee Journal Sentinel has this report on a ruling that the Supreme Court of Wisconsin issued today.
“Is the Debt Limit Constitutional? Biden Aides Are Debating It. As the government heads toward a possible default on its debt as soon as next month, officials are entertaining a legal theory that previous administrations ruled out.” Jim Tankersley of The New York Times has this report.