“The Supreme Court’s Big Trump Test Is Here”: Steven V. Mazie and law professor Stephen I. Vladeck have this guest essay online at The New York Times.
And online at CNN, Joan Biskupic has a news analysis headlined “The Supreme Court must take charge of the US political and legal mess, but it isn’t in a hurry.”
“Clarence Thomas’s Clerks: An ‘Extended Family’ With Reach and Power; The Supreme Court justice has built a network of former clerks who share messages, meals and a common vision — wielding influence at universities, law firms and the highest rungs of government.” Abbie VanSickle and Steve Eder have this front page article in today’s edition of The New York Times.
The article contains mention of the U.S. Supreme Court case that I argued on October 10, 2023.
“Clarence Thomas: The Best and Most Incorruptible Supreme Court Justice in U.S. History; 116 people have served on the Supreme Court and Justices Thomas is the best.” Steven Calabresi has this post at “The Volokh Conspiracy.”
“‘Not out of the woods yet’: Republican retribution for SCOTUS ethics probe looms in new year; Although GOP lawmakers on the Senate Judiciary Committee have yet to make good on promises to torpedo the panel’s regular order of business, some experts say it’s too soon to breathe a sigh of relief.” Benjamin S. Weiss of Courthouse News Service has this report.
“Hon. Felix Frankfurter & the Idea of Judicial Self-Restraint: Then & Now in Federal & State Courts.” The Historical Society of the NY Courts has posted this video on YouTube.
“Pa. Justices Nix ‘Industry Standards’ As Defense”: Matthew Santoni of Law360 has this report (subscription required for access).
“Wisconsin Supreme Court rules legislative maps unconstitutional, orders new boundaries for 2024 vote”: Molly Beck and Jessie Opoien of The Milwaukee Journal Sentinel have this report.
Alexander Shur of The Wisconsin State Journal reports that “Wisconsin Supreme Court overturns Republican-drawn legislative maps, orders new maps.”
You can access today’s 4-to-3 ruling of the Supreme Court of Wisconsin at this link.
“Fed. Circuit’s Newman, 96, Fights Colleagues From Sideline”: Michael Shapiro of Bloomberg Law has this report.
“Supreme Court Won’t Hear Case on Trump’s Immunity Defense for Now; Jack Smith, the special counsel prosecuting former President Donald J. Trump, had urged the justices to move with extraordinary speed, bypassing a federal appeals court”: Adam Liptak of The New York Times has this report.
You can access today’s order of the U.S. Supreme Court at this link.
“We’ve Had an Insurrectionist President Before”: Richard Tofel has this post online at Medium.
“Colorado’s Top Court Kicked Trump Off the Ballot. Will the Supreme Court Agree? A legal scholar analyzes how the nine Justices are likely to view the blockbuster decision.” Online at The New Yorker, Isaac Chotiner has this Q&A with law professor Richard H. Pildes.
“Push to Disqualify Trump Pits Democracy Against the Rule of Law; If the Colorado Supreme Court is right that the former president is constitutionally ineligible to run for president, fundamental values are in severe tension”: Charlie Savage of The New York Times has this news analysis.
And Sarah Ellison of The Washington Post has an article headlined “Disqualifying Trump may be legally sound but fraught for democracy, scholars say; Experts say there’s a strong basis for the Colorado Supreme Court’s decision to bar Trump from the ballot, but the larger political context makes the question one of the thorniest in recent memory.”
“We granted allowance of appeal to consider whether evidence of a product’s compliance with industry and governmental safety standards is admissible in products liability cases following this Court’s decision in Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014).” So begins the Opinion Announcing the Judgment of the Court that the Supreme Court of Pennsylvania issued today in Sullivan v. Werner Co., a case that I argued on behalf of the plaintiffs-appellees back on March 8, 2023.
Three Justices joined in the Opinion Announcing the Judgment of the Court. A fourth Justice issued a concurring opinion. And the remaining two Justices joined in a dissenting opinion.
“Sandbagging the Supreme Court; The left’s legal assault on Trump is a threat to the institution — and that’s by design”: Columnist Kimberley A. Strassel will have this op-ed in Friday’s edition of The Wall Street Journal.
“Is the Supreme Court seriously going to disqualify Trump? (Redux); The chances are still low, but improving.” Adam Unikowsky has this post at his “Adam’s Legal Newsletter” Substack site.
“New Trump Cases Shadowed by Rocky Relationship With Supreme Court; Though he appointed three justices, his administration had the worst track record before the justices since at least the 1930s”: Adam Liptak of The New York Times has this report.
“John Roberts, Donald Trump and the ghosts of Bush v. Gore; The Supreme Court may become the decisive player in the 2024 election”: John F. Harris and Josh Gerstein of Politico have this report.
Kyle Cheney and Josh Gerstein of Politico have a report headlined “What Jack Smith won’t say; The special counsel is emphasizing the public interest in a speedy Trump trial; He hasn’t spelled out the true reason the timing is so crucial.”
Erica Orden of Politico reports that “Trump signals plan to take another immunity issue to Supreme Court; He’s trying to avoid an upcoming trial in a defamation lawsuit from E. Jean Carroll.”
And online at Politico Magazine, Ian Ward has an interview titled “‘The Opposite of Politics’: A Conservative Legal Scholar Says Kicking Trump Off the Ballot Is ‘Unassailable’; J. Michael Luttig explains why he thinks the 14th Amendment should prevent Trump from running for president again.”
“Lawsuit Over Naked Baby on Nirvana’s ‘Nevermind’ Is Revived; The suit about the 1991 album had been dismissed because of the statute of limitations; But an appeals court ruled that it could proceed, noting that the album had been reissued in 2021”: Matt Stevens of The New York Times has this report.
Blake Brittain of Reuters reports that “Court revives Nirvana child pornography lawsuit over ‘Nevermind’ cover.”
Kyle Jahner of Bloomberg Law reports that “Child-Porn Claim From Nirvana ‘Nevermind’ Image Revived by Court.”
Edvard Pettersson of Courthouse News Service reports that “‘Nirvana baby’ child porn suit revived by Ninth Circuit; The appellate panel didn’t address whether the iconic image on the cover of the 1991 grunge classic amounted to child pornography.”
Bill Donahue of Billboard reports that “Nirvana Must Face Child Porn Lawsuit Over Naked Baby On ‘Nevermind’ Album Cover, Appeals Court Rules; A lower court had ruled that Spencer Elden waited too long to sue the band, but now a federal appeals court says the case is fair game.”
And Nancy Dillon of Rolling Stone reports that “Nirvana Once Again Facing Child Porn Lawsuit Over ‘Nevermind’ Album Cover; ‘This procedural setback does not change our view. We will defend this meritless case with vigor and expect to prevail,’ Nirvana’s lawyer says in response to federal appeals court ruling reviving the case.”
You can access today’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Whether in 2000 or 2024, There’s No Upside for Supreme Court in Deciding Elections; Specter of court’s divisive Bush v. Gore decision hangs over many cases justices might face next year, starting with Trump’s disqualification from Colorado ballot”: Jess Bravin of The Wall Street Journal has this report.
“Conservative Fifth Circuit’s 2023 Rulings Test Supreme Court”: Jacqueline Thomsen of Bloomberg Law has this report.
“Trump legal clashes reach US Supreme Court as 2024 election nears”: John Kruzel and Andrew Chung of Reuters have this report.
“The Legal Merits of the Colorado Supreme Court Decision Don’t Matter”: Eric Levitz has this post at the “Intelligencer” blog of New York magazine.
“Ginni Thomas Is a Victim of Donald Trump’s Alleged Crimes; Supreme Court Justice Clarence Thomas must recuse himself from the Trump cases”: Ankush Khardori has this essay online at Politico Magazine.
“The Supreme Court Did This to Itself”: Dahlia Lithwick has this Jurisprudence essay online at Slate.
“Texas Becomes an Abortion Dystopia; The conservative movement will pay any price to extend restrictions”: Adam Serwer has this essay online at The Atlantic.
“A Supreme Court shaped by Trump will weigh his political fate; Trump appointees to decide if he stays on the ballot and out of jail”: Alex Swoyer and Stephen Dinan of The Washington Times have this report.
“Assembly Republicans eye abortion referendum for April ballot; Evers threatens veto”: Molly Beck and Jessie Opoien of The Milwaukee Journal Sentinel have this report.
“Colorado’s ruling against Trump raises questions only the Supreme Court can answer”: Law professor Erwin Chemerinsky has this essay online at The Los Angeles Times.
“Colorado Supreme Court justices face a flood of threats after disqualifying Trump from the ballot; The latest round of threats fits a familiar pattern: Trump faces a legal setback, and officials face threats.” Ryan J. Reilly of NBC News has this report.
And Nicholas Bogel-Burroughs of The New York Times has an article headlined “The Colorado Court That Barred Trump: Appointed by Democrats but Narrowly Split; The 4-3 decision was harshly criticized by Trump supporters, who called it undemocratic; But some observers say the court is notably nonpartisan.”
“The Colorado Ruling Changed My Mind; The strongest argument for throwing Trump off the ballot is the weakness of the counterarguments”: George T. Conway III has this essay online at The Atlantic.
“Will Conservative Supreme Court Stick to Values in Trump Ruling in Colorado? A ruling that Donald Trump is ineligible for the presidency will test the court’s methodological values.” Charlie Savage of The New York Times has this report.
Alan Feuer of The New York Times has a news analysis headlined “Trump Cases Crashing Into Supreme Court Could Reshape 2024 Election; The ruling that Donald Trump is not eligible for the ballot in Colorado is the latest election-related issue likely to land before the justices; The implications for 2024 could be profound.”
Nick Corasaniti of The New York Times has an article headlined “Here Are the Other States Where Trump’s Ballot Eligibility Faces a Challenge; At least 16 states beyond Colorado currently have open legal challenges to the former president’s eligibility for office — but what happens next depends on the U.S. Supreme Court.”
And in commentary, online at The New York Times, Jesse Wegman has an essay titled “The Colorado Ruling Is a Rebuke for the Ages.”
“Trump Asks Supreme Court to Put Off Hearing Case on Immunity Claim; The former president urged the justices to move slowly in his federal election interference case, an apparent attempt to delay the trial, set for March”: Adam Liptak of The New York Times has this report.
You can view the brief in opposition at this link.
“Abortion Pills, Fishing Boats and the Legal War on Experts; Cases before the Supreme Court could endanger regulation of banking and many other sectors”: Alan S. Blinder will have this op-ed in Thursday’s edition of The Wall Street Journal.
“The Folly of Colorado’s Trump Disqualification; Four state Supreme Court judges ban the former President from the 2024 ballot without due process”: This editorial will appear in Thursday’s edition of The Wall Street Journal.
Also in Thursday’s edition of that newspaper, law professors John C. Harrison and Saikrishna Prakash will have an op-ed titled “If Trump Is Disqualified, He Can Still Run; Colorado’s Supreme Court overlooks the 20th Amendment.”
And Karl Rove will have an op-ed titled “Trump vs. the Banana Republic of Colorado; The effort to remove him from the ballot is legally baseless and helps his campaign.”
“What Is Insurrection? Trump Puts Once Obscure Questions Before Courts; All roads in former president’s legal battles likely lead to election-year rulings by nine justices; Controversy appears inevitable.” Jan Wolfe of The Wall Street Journal has this report.