“Fifth Circuit to rehear Big Tech free speech case as Supreme Court eyes intervention”: Christopher Hutton of Washington Examiner has this report on an order granting panel rehearing that the U.S. Court of Appeals for the Fifth Circuit issued today.
“A 1997 Motel Murder Puts a Convict’s Life on the Line in the Supreme Court — Again; Oklahoma’s Republican attorney general is pushing to throw out Richard Glossip’s conviction, but other state officials say enough is enough”: Jess Bravin of The Wall Street Journal has this report.
“Not just Clarence Thomas: Lower courts facing scrutiny over ethics, disclosures, too; Americans are now able to review financial disclosure reports for all nine justices on the Supreme Court, documents that revealed private jet flights, foreign travel and some bouquet ordered by Oprah.” John Fritze of USA Today has this report.
“How Democrats could fix the Founding Fathers’ Supreme Court mistake”: Columnist Ramesh Ponnuru has this essay online at The Washington Post.
“A Supreme Court case about hotel websites could blow up much of US civil rights law; The Supreme Court hears a civil rights case straight out of a right-wing fever dream”: Ian Millhiser has this essay online at Vox.
“Views from the High Court: Justice Elena Kagan on ethics, originalism, faith and the free exchange of ideas.” Margaret Fosmoe of Notre Dame Magazine has this report.
In earlier coverage, Ariane de Vogue of CNN reported that “Supreme Court Justice Elena Kagan talks ethics and her relationship with the chief justice.”
And Josh Gerstein of Politico reported that “Kagan hopes Supreme Court’s ideological divide on precedent isn’t permanent; The justice said it would be ‘a good thing’ for the court to adopt an ethics code.”
“SCOTUS Is Not Done With Guns and Abortion; The excesses of the 2021 term bleed into a new SCOTUS term with the possibility of gun rights for abusers post-Bruen, and the impossible tension between medicine and the law post-Dobbs”: You can access this week’s episode of Slate’s “Amicus” podcast via this link.
“Will the Government (as we know it) Still Be Constitutional?” You can access today’s new episode of the “Strict Scrutiny” podcast via this link.
“A Conversation with Justice Amy Coney Barrett”: The Catholic University of America’s Columbus School of Law’s Project on Constitutional Originalism and the Catholic Intellectual Tradition has posted this video on YouTube.
At the “Sub Deo et Lege” blog, Kevin C. Walsh has a post titled “Justice Barrett explains THaT constitutionalism at CUA’s Columbus School of Law.”
Kate Scanlon of the National Catholic Reporter has an article headlined “Supreme Court Justice Barrett discusses academic freedom at Catholic universities.”
And Jimmy Hoover of The National Law Journal has an article headlined “Justice Barrett on Originalism and Why She Doesn’t Write So Many Opinions; Judges should be ‘very, very careful’ about how historical evidence is used in constitutional adjudication, Barrett says in talk at Catholic University’s law school.”
“Nathaniel Sutton ’21 Serves as U.S. Supreme Court Clerk; Alum Clerking for Justice Amy Coney Barrett”: Mike Fox of the University of Virginia School of Law has this report.
“Citing Down the Ladder”: Adam Feldham has this post at his “Empirical SCOTUS” blog.
“46. The Long Conference: The annual late-September meeting of the justices usually sees a flurry of cases added to the docket—even as many veteran practitioners try to time their cert. petitions to avoid it.” Steve Vladeck has this post at his “One First” Substack site.
“Judicial Notice (09.23.23): Where Is The Love? A celebrity professor’s surprising engagement, Judge Newman’s troubling suspension, Wachtell’s exciting hire, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.
“The Supreme Court will hear a case with a lot of ‘buts’ & ‘ifs’ over the meaning of ‘and’”: Mark Sherman of The Associated Press has this report.
“ProPublica Buries Its Clarence Thomas News; The outlet’s latest hit piece unwittingly debunks its own political narrative about the Supreme Court justice”: Ira Stoll had this op-ed in Saturday’s edition of The Wall Street Journal.
“The Supreme Court May Overturn the Error That Made Major League Baseball Rich; A pair of minor league clubs are asking the court to reverse the league’s lucrative 101-year-old antitrust exemption”: Matt Ford of The New Republic has this report.
“The Honorable Abigail M. LeGrow sworn in as Delaware Supreme Court Justice”: The Supreme Court of Delaware issued this news release Tuesday.
“Former justices see no legitimate reason to impeach Janet Protasiewicz”: Janine Geske and Louis Butler have this essay online at The Wisconsin State Journal.
“The Georgia Fake Electors Scheme: What Does Legal and Political History Tell Us About These Charges?” John G. Malcolm has this post at the “FedSoc Blog.”
“Anti-affirmative action group, emboldened by US Supreme Court, targets scholarships”: Joseph Ax of Reuters has this report.
“Clarence Thomas Secretly Participated in Koch Network Donor Events; Thomas has attended at least two Koch donor summits, putting him in the extraordinary position of having helped a political network that has brought multiple cases before the Supreme Court”: Joshua Kaplan, Justin Elliott, and Alex Mierjeski of ProPublica have this report.
“Suspended US appeals judge warns her treatment could erode confidence in judiciary”: Blake Brittain and Nate Raymond of Reuters have this report.
“Older US judges’ cognitive aging may affect opinion writing, study finds”: Nate Raymond of Reuters has this report about a research paper titled “Cognitive Aging and Opinion Writing Among Federal Circuit Court Judges.”
“A Conversation with Justice Elena Kagan”: Notre Dame Law School will stream this event live on YouTube starting at 2:30 p.m. eastern time today.
“Coerced, censored, shut down: How will Supreme Court manage social media’s toxic sludge? From a city manager who blocked critics on Facebook to claims that the White House sought to have posts taken down, the Supreme Court’s upcoming term could be a viral one for social media.” John Fritze and Jessica Guynn of USA Today have this report.
And in commentary, online at Vox, Ian Millhiser has an essay titled “The Supreme Court showdown over social media ‘censorship,’ explained; A rogue federal court effectively put the Republican Party in charge of social media, and now the justices have to deal with this mess.”
“A New Play Unfolds the Wit and Wisdom of Oliver Wendell Holmes; Holmes, a famed Supreme Court justice more than a hundred years ago, will be portrayed by a solo actor at D.C.’s Arena Stage in October”: Tony Mauro of The National Law Journal has this post at his “The Marble Palace Blog.”
“Bill Clinton Pressures Own Judicial Appointee To Reverse ‘Stupid’ Ruling For Drug Dealer; Re-election campaign has Clinton running scared on his judicial nominations”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“The Supreme Court is Coming for Affirmative Action in the Military; With a new lawsuit filed this week, John Roberts has his opportunity to upend the hard-fought racial balance in the armed forces — the pleas of the service chiefs be damned”: Law professor Garrett Epps has this essay online at Washington Monthly.
“Supreme Court justices asked to weigh in on Jan. 6 defendants’ cases; Review could affect special counsel Jack Smith’s election case against Trump”: Alex Swoyer of The Washington Times has this report.
“Will the Supreme Court Weigh In on a Law Before It’s Even Passed? The conservative legal movement wants the court to preemptively kill a major liberal policy idea.” Matt Ford has this essay online at The New Republic.
“My Move to the Hoover Institution”: Eugene Volokh has this post at “The Volokh Conspiracy.”
“Supreme Court Should Let the Bully Pulpit Keep Some Muscle; Lower courts have used thin evidence to accuse the White House of coercing social media companies to remove some content”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“The Supposed Misconduct of Montana’s Attorney General; The legal guild goes after Austin Knudsen for doing his job”: The Wall Street Journal has published this editorial.
“US appeals judge, 96, suspended in rare clash over fitness”: Blake Brittain of Reuters has a report that begins, “The U.S. Court of Appeals for the Federal Circuit on Wednesday suspended Judge Pauline Newman from hearing new cases amid a deepening clash over the 96-year-old jurist’s mental competence to serve on the bench.”
Michael Shapiro of Bloomberg Law reports that “Embattled 96-Year-Old Judge Suspended in Disability Probe; Nation’s oldest active judge sidelined for a year; Newman’s attorney vows to challenge order.”
And Zach Schonfeld of The Hill reports that “96-year-old federal judge suspended in clash with colleagues over mental fitness.”
You can access today’s per curiam order of the Judicial Council of the U.S. Court of Appeals for the Federal Circuit (along with supporting documents) at this link.
In earlier related coverage, Blake Brittain of Reuters reported last Friday that “Embattled US appeals judge takes stage at vaccine law conference.”
Michael Shapiro of Bloomberg Law reported that “96-Year-Old Suspended Judge Honored at Patent Law Conference.”
And Eileen McDermott of IPWatchdog.com had a post titled “Judge Newman Gets Standing Ovations During Induction into IPWatchdog Masters Hall of Fame; Presents First Ever Pauline Newman Award.”
“‘An odd situation’: President Biden aims to tighten firearms sales. Hunter Biden is caught in the crosshairs. President Joe Biden has advocated universal background checks for gun purchases. But federal courts have ruled against a statute that aims to keep guns out of the hands of people addicted to drugs.” Bart Jansen of USA Today has this report.