“Federal Judges Deserve Due Process, Too; Members of Judge Pauline Newman’s own court sit in inherently conflicting positions as prosecutors, judges, jurors and witnesses”: Fifth Circuit Judge Edith H. Jones has this letter to the editor in today’s edition of The Wall Street Journal.
In news coverage, Andrew Goudsward of Reuters reports that “US appeals judge faults probe of Federal Circuit’s Pauline Newman.”
And Michael Shapiro of Bloomberg Law reports that “Embattled 96-Year-Old Judge Defended as ‘Brilliant’ by Colleague.”
“Even after Planned Parenthood stopped performing abortions, Texas is still trying to shut it down; Planned Parenthood has managed to stay open in Texas despite the state’s best efforts to shut it down; But a lawsuit in front of a conservative judge poses an existential threat”: Eleanor Klibanoff of The Texas Tribune has this report.
“The ‘brains’ behind fake Trump electors was once a liberal Democrat; Kenneth Chesebro, a Harvard-trained lawyer, may be the least well known of the main players in Trump’s federal and Georgia indictments”: Isaac Stanley-Becker of The Washington Post has this report.
“Appeals Court Upholds Abortion Pill Restrictions; The new ruling will have no effect on access until the Supreme Court ultimately decides the case”: Pam Belluck of The New York Times has this report.
Ann E. Marimow and Perry Stein of The Washington Post reports that “Appeals court embraces abortion-pill limits, sets up Supreme Court review; The Supreme Court has ruled that mifepristone, a key abortion drug, will remain available for now under existing rules while litigation continues.”
Laura Kusisto of The Wall Street Journal reports that “Appeals Panel Rules FDA Improperly Expanded Access to Abortion Pill; Ruling sets stage for potential review by the Supreme Court, which has allowed broad access to mifepristone while litigation continues.”
And John Fritze and Christine Fernando of USA Today report that “Appeals court backs limits on access to abortion pill mifepristone, ruling against Biden’s FDA.”
You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
“Goldman Sachs appellate ruling is boon for securities class action defendants”: Alison Frankel’s “On the Case” from Reuters has this post about a ruling that the U.S. Court of Appeals for the Second Circuit issued last Thursday.
“Catholic school could fire unwed pregnant teacher over religious tenets, N.J. Supreme Court says”: Ted Sherman of The Newark Star-Ledger has this report.
And Maria Sole Campinoti of CNN reports that “New Jersey Supreme Court rules in favor of Catholic school that fired a teacher for having premarital sex.”
You can access yesterday’s ruling of the Supreme Court of New Jersey at this link.
“Court revives anti-abortion groups’ free speech lawsuit over D.C. protests”: Andrew Goudsward of Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
“The Looming Supreme Court Nullification Crisis: The precedent-smashing, highly political Roberts Court is likely to trigger outright defiance by the left and right; Just look at Alabama’s failure to comply with a recent Court ruling.” Law professor Garrett Epps has this essay online at Washington Monthly.
“Will anyone trust these hyper-politicized courts to try Donald Trump? The federal judiciary is a cesspool of partisanship, and now it’s being asked to oversee some of the most politically fraught criminal trials in American history.” Ian Millhiser has this essay online at Vox.
“Dozens reverse Supreme Court Justice Rebecca Bradley’s edits to her Wikipedia page”: Daniel Bice of The Milwaukee Journal Sentinel has this report.
“Forget the Trump trials. He might already be ineligible for 2024.” Law professor Edward B. Foley has this essay online at The Washington Post.
“You Can’t Fix the Supreme Court Without Also Fixing Congress”: Elie Mystal has this Jurisprudence essay online at Slate.
“Crypto industry steps up arguments that Supreme Court doctrine bars SEC enforcement”: Alison Frankel’s “On the Case” from Reuters has this post.
“‘Sleeping in my car’: This Supreme Court case could change how disabled Americans book hotel rooms; Disability ‘testers’ sue hotels for failing to note if they are accessible to people with disabilities; The Supreme Court will decide if they can do that even if they don’t intend to book a room.” John Fritze of USA Today has this report.
“The Other Black Justice on the Supreme Court: Thirty years after his death, Thurgood Marshall’s ideas still resonate.” Juan Williams has this essay online at The Atlantic.
“Why Alabama’s Congressional Maps May Need to Be Redrawn, Again; A panel of federal judges will soon decide whether Alabama Republicans complied with a court mandate to create a map that gives Black voters more power”: Emily Cochrane of The New York Times has this report.
“Colleges Can Still Consider Race in Admissions Within Limits, Biden Administration Says; Education, Justice departments highlight the ways schools may pursue a diverse student population in wake of Supreme Court ruling”: Melissa Korn of The Wall Street Journal has this report.
And Anemona Hartocollis of The New York Times reports that “Administration Urges Colleges to Pursue Diversity Despite Affirmative Action Ban; In its first guidance since the Supreme Court decision, the administration says many recruitment programs are still allowed, but other questions are left unanswered.”
“No Catholics Need Adopt: A Massachusetts couple is denied a foster child because of religious views.” Columnist William McGurn will have this op-ed in Tuesday’s edition of The Wall Street Journal.
“The Supreme Court is taking a wrecking ball to the wall between church and state; The Court’s Republican majority has ground the Constitution’s establishment clause down to a nub”: Ian Millhiser has this essay online at Vox.
“Wisconsin’s Supreme Court must resolve issues with infighting ahead of crucial cases”: This audio segment appeared on yesterday’s broadcast of NPR’s “Weekend Edition Sunday.”
“Of Insurrections, Presidents, and the Utter Failure of Constitutional Law to Address the Real Issues”: Eric Segall has this blog post at “Dorf on Law.”
“Social Media Laws Violate Speech Rights, DOJ Tells Supreme Court; Biden administration urges review of laws in Texas, Florida; Filing largely backs social media challenges to state laws”: Greg Stohr of Bloomberg News has this report.
You can view the Solicitor General’s invitation brief at this link.
“40. Ex parte McCardle and Congress’s Power over the Court’s Appellate Jurisdiction; The Supreme Court’s 1869 ruling allowing Congress to take away its jurisdiction over a pending case is quite a story in its own right, and has important separation-of-powers implications for today.” Steve Vladeck has this post at his “One First” Substack site.
“Sacklers’ Fate at Supreme Court Poised to Reshape Bankruptcy Law”: James Nani of Bloomberg Law has this report.
“Why Are So Many of Trump’s Alleged Co-Conspirators Lawyers?” Law professor Deborah Pearlstein will have this guest essay in Tuesday’s edition of The New York Times.
“How the Late RBG’s Collar Tells a Powerful Message; Justice Ruth Bader Ginsburg’s metallic Pegasus collar has become an iconic portrayal of her strength and power in her final days.” Tony Mauro has this post at his “The Marble Palace Blog” via The National Law Journal.
“How This Knife Could Upend Restrictions on Weapons All Across the Nation; A federal appeals court ruling could have a massive impact on the future of gun safety in America”: Matt Ford has this essay online at The New Republic.
“Ohio’s GOP-controlled Supreme Court rejects legal challenge to proposed abortion-rights amendment”: Jeremy Pelzer of The Cleveland Plain Dealer has this report.
And Jessie Balmert of The Cincinnati Enquirer reports that “Ohio Supreme Court rejects legal challenge, clears path for November abortion rights vote.”
You can access today’s ruling of the Supreme Court of Ohio at this link.
And in related news, Susan Tebben of Ohio Capital Journal reports that “Ohio Supreme Court sets date for arguments in abortion appeal.”
“Illinois Supreme Court upholds assault-style weapons ban, more challenges to follow”: Patrick Keck of The Springfield State Journal-Register has this report on a 4-to-3 ruling that the Supreme Court of Illinois issued today.
“Last lawsuits seeking to stop Mountain Valley Pipeline dismissed by appeals court”: Laurence Hammack of The Roanoke Times has this report.
Mike Tony of The Charleston (W. Va.) Gazette-Mail reports that “Federal court clears way for Mountain Valley Pipeline completion as regulators flag potential safety risks.”
Michael Lemley of WVNews reports that “Fourth Circuit dismisses cases challenging Mountain Valley Pipeline.”
John Raby of The Associated Press reports that “US appeals court dismisses motion challenging permits for natural gas pipeline.”
Clark Mindock of Reuters reports that “US appeals court rejects challenge to Mountain Valley pipeline.”
And Shayna Greene of Bloomberg Law reports that “Mountain Valley Pipeline Challenges Fall at US Appeals Court.”
You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. Each of the judges on the panel issued an opinion.
“The Supreme Court justice lifestyle is for me!” Columnist Alexandra Petri has this essay online at The Washington Post.
“Inconvenience, Forum Selection Clauses, and Afghanistan”: John F. Coyle has this interesting post at the “Transnational Litigation Blog.”
“Fox General Counsel Will Depart; Viet Dinh, Fox’s top lawyer, advised the company through its landmark $787.5 million settlement with Dominion Voting Systems”: Jeremy W. Peters of The New York Times has this report.
“Q&A: Newly Retired Judge Greenaway on Law Clerk Diversity, Collegiality and His Path to the Bench.” Avalon Zoppo of The National Law Journal has this report.
Justice Brett M. Kavanaugh is now listed as a speaker at the 2023 Appellate Judges Education Institute Summit in Washington, DC: Details here. I have been attending these annually since the 2014 Summit in Dallas, Texas (brrr, it was cold there!), and have just registered to attend this year’s event. Hope to see you there!
