“In Judge Kaplan’s court, Trump plays with fire; A misbehaving defendant claims to want a showdown Monday with a judge who has a unique track record on contempt”: Shayna Jacobs and Devlin Barrett of The Washington Post have this report.
“Judicial Notice (01.20.24): Back To The Future; The fate of Chevron, a major move in the D.C. boutique world, another Biglaw discrimination lawsuit, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Why the Supreme Court ought to punt on Trump’s eligibility”: Columnist Jason Willick has this essay online at The Washington Post.
“Overturning ‘Chevron’ Can Help Rebalance the Constitutional Order”: Columnist David French has this essay online at The New York Times.
“The Abortion Provider Who Became the Most Hated Woman in New York: In nineteenth-century New York, abortion was shrouded in secrecy and stigma; But, for Madame Restell, there was no such thing as bad press.” Moira Donegan has this Under Review books essay online at The New Yorker.
“An ‘Execute-Them-At-Any-Cost Mentality’: The Supreme Court’s New, Bloodthirsty Era. The death penalty survived decades of decline. Now it’s back, thanks to capital punishment-prone prosecutors and a compliant Supreme Court.” Law professor Lara Bazelon has this essay online at Politico Magazine.
“US appeals court invites Supreme Court to revisit shield for federal agency commissioners”: Alison Frankel’s “On the Case” from Reuters has this post.
“A Florida dentist was convicted of having his brother-in-law killed. His mother was charged in the plot days later. Donna Adelson was arrested at the airport with a one-way ticket to Vietnam. Her attorney says she’s ‘absolutely innocent’ in her former son-in-law’s murder.” Tim Stelloh of NBC News has this report.
“The Supreme Court Is Now Complicit in Texas’ Armed Standoff With the Feds”: Mark Joseph Stern has this Jurisprudence essay online at Slate.
“What to Know About the Federal Law at the Heart of the Latest Supreme Court Abortion Case; The federal Emergency Medical Treatment and Labor Act, known as EMTALA, requires hospitals to provide medically necessary care to stabilize patients in emergency situations”: Pam Belluck of The New York Times has this report.
“Trump Asks Supreme Court to Rule He Is Eligible to Hold Office; The forceful brief was the former president’s main submission in his appeal of a ruling barring him from the Colorado primary ballot on the ground that he had engaged in insurrection”: Adam Liptak of The New York Times has this report.
Ann E. Marimow of The Washington Post reports that “Trump urges Supreme Court to keep his name on ballot, warns of ‘bedlam.’”
Lawrence Hurley of NBC News reports that “Trump urges Supreme Court to allow him to stay on the ballot; The former president filed a brief asking the court to rule that the Constitution’s 14th Amendment doesn’t prevent him from appearing on Colorado’s Republican primary ballot.”
Mark Sherman of The Associated Press reports that “Lawyers for Trump urge the Supreme Court ‘to put a swift and decisive end’ to ballot removal efforts.”
And Greg Stohr and Chris Strohm of Bloomberg News report that “Trump Asks Supreme Court to Keep Him on Colorado Ballot; He says Colorado court shouldn’t have barred him over Jan. 6; Appeal aims to end ballot challenges over insurrection clause.”
You can access the Brief for Petitioner at this link.
“‘This is insane’: Miami-Dade PD releases video of Donna Adelson’s airport arrest.” Jeff Burlew of The Tallahassee Democrat has this report.
Also online at The Tallahassee Democrat, C.A. Bridges has an article headlined “New ‘Dateline’ episode on Dan Markel murder promises new details. Here’s how to watch.”
“Will the Supreme Court Show a Little Humility?” Law professor Jody Freeman and Andrew Mergen have this guest essay online at The New York Times.
“Dobbs Didn’t Reduce Abortions. The Anti-Abortion Movement Needs a New Vision.” Daniel K. Williams will have this guest essay in Friday’s edition of The New York Times.
“US Senate panel narrowly advances Muslim federal appellate court nominee”: Nate Raymond of Reuters has this report.
Tiana Headley of Bloomberg Law reports that “Historic Muslim Appellate Pick Advances Despite Republican Anger; Adeel Mangi would be first Muslim US circuit judge; GOP scrutiny focuses on views on Israel-Hamas, terrorism.”
And Joey Fox of New Jersey Globe reports that “Mangi nomination approved by Judiciary Committee after another fraught meeting; Democrats imply Republican attacks on Mangi are motivated by anti-Muslim sentiment.”
“Ned Foley-Ben Ginsberg-Rick Hasen Amicus Brief Warns SCOTUS of Political Instability, Potential Violence, and Voter Disenfranchisement If It Avoids Deciding Merits in Trump Disqualification Case”: Rick Hasen has this post at his “Election Law Blog” about this amicus brief filed at the U.S. Supreme Court.
“Clarence Thomas, Black American Icon | G. Loury, R. George, R. Kennedy & I. Shapiro.” The Glenn Show has posted on YouTube this video of last night’s Manhattan Institute event titled “Clarence Thomas and Me: Glenn Loury on Justice Thomas’s Legacy.”
“Supreme Court Overruling Chevron Doctrine Would Be an Oedipal Act; The father of modern conservative legal thought, Antonin Scalia, believed in judicial restraint; Do today’s justices?” Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Pennsylvania cannot bar adults under 21 from carrying guns, court rules”: Nate Raymond of Reuters has this report.
And Shweta Watwe of Bloomberg Law reports that “Third Circuit Nixes Gun Carry Ban for 18-to-20-Year-Olds.”
You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
“FBI Effort to Moot No Fly List Case Deserves Judges’ Skepticism”: Hannah Mullen has this essay online at Bloomberg Law.
“Phony Originalism Could Cost Florida Women Their Abortion Rights”: Adam Richardson has this Jurisprudence essay online at Slate.
“Sixth Circuit Upholds Exclusion of Unvaccinated from Jury Pool”: Stephen McConnell has this post at the “Drug & Device Law” blog about a recent decision of the U.S. Court of Appeals for the Sixth Circuit.
“Sam Alito Suddenly Unconcerned About Judges Ruling Based On Their Policy Preferences; The right spent years railing against the scourge of ‘judicial activism’; Now that conservatives control the courts, they feel a little differently”: Madiba K. Dennie has this post at Balls and Strikes.
And at “Dorf on Law,” Michael C. Dorf has a blog post titled “Justice Kavanaugh Aims for Chevron But Hits Delegation.”
“Could Justice O’Connor Have Revoked Her Retirement Decision? Exploring some ‘what ifs?’ and Arlen Specter’s gambit.” Ed Whelan has this post at his “Confirmation Tales” Substack site.
“The Carrot and Stick Approach to Innovation”: Dennis Crouch has this post at his “Patently-O” blog.
“Conservative Justices Appear Skeptical of Agencies’ Regulatory Power; The Supreme Court considered whether to overrule the seminal 1984 Chevron decision, which requires judges to defer to agencies’ interpretations of ambiguous statutes”: Adam Liptak of The New York Times has this report.
Charlie Savage of The New York Times has an article headlined “How a Fishery Case Fits Into a Long-Game Effort to Sap Regulation of Business; The case appears poised to be the next step in the conservative legal movement’s multigenerational effort to chip away at the administrative state.”
Ann E. Marimow of The Washington Post reports that “Supreme Court divided over whether to curb power of federal agencies.”
Jess Bravin of The Wall Street Journal reports that “Conservatives Once Hailed This Case; Now They’re at the Supreme Court to Gut It; Justices appear ready to overturn Reagan-era Chevron ruling reining in judges, agreeing with challengers who say it gives federal agencies too much leeway.”
Maureen Groppe of USA Today has an article headlined “‘How do we know where the line is?’ Supreme Court considers ‘chevron’ principle in major case; In one of the biggest cases of the year, justices warned of ‘uber legislators’ and warned of massive change; The court’s conservative majority appeared skeptical of agency regulatory power.”
Stephen Dinan and Alex Swoyer of The Washington Times report that “Supreme Court appears ready to curb power of executive agencies.”
In commentary, Thursday’s edition of The Wall Street Journal will contain an editorial titled “Congress and Chevron Deference; The judicial doctrine has made it easy to abdicate power to bureaucrats.”
And online at Slate, Mark Joseph Stern has a Jurisprudence essay titled “The Supreme Court Is About to Seize Way More Power From Democratic Presidents.”
“Texas’ migrant-deterring buoys can remain in Rio Grande after appeals court ruling; The action set additional arguments for May and vacated an earlier order that said the floating barrier violated a longstanding federal law”: Aarón Torres of The Dallas Morning News has this report.
And Kierra Frazier of Politico reports that “Texas river border buoys to stay in place while 5th Circuit rehears case; The case will now be reheard by the entire court in May.”
“Mother whose child died in TikTok challenge urges US court to revive lawsuit”: Nate Raymond of Reuters has this report about an oral argument (access the audio via this link) that a three-judge panel of the U.S. Court of Appeals for the Third Circuit heard today.
“Missouri’s COVID Suit Against China Revived”: Haley Anderson has this post at the “Transnational Litigation Blog.”
Earlier, Alison Frankel’s “On the Case” from Reuters had a post titled “COVID mask-hoarding claim revived in Missouri’s longshot case against China.”
You can access last Wednesday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
“Abandoning abandonment — appeals court backtracks on jurisdictional oddity”: Alison Frankel’s “On the Case” from Reuters has this post.
“Today’s case may also attract the Court’s interest. It tees up one of the fiercest (and oldest) fights in administrative law: the Humphrey’s Executor ‘exception’ to the general ‘rule’ that lets a president remove subordinates at will.” So wrote Circuit Judge Don R. Willett in his majority opinion that a partially divided three-judge Fifth Circuit panel issued today in the case captioned Consumers’ Research v. Consumer Product Safety Comm’n.
“Appeals court blocks Texas from enforcing book rating law; Plaintiffs claimed that the 2023 law, which required book vendors to rate the explicitness of sexual references in materials sold to schools, was unconstitutionally broad”: William Melhado of The Texas Tribune has this report.
And Brendan Pierson of Reuters reports that “Court refuses to revive Texas public school book rating law.”
You can access today’s ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
“Bodycam: Donna Adelson Arrested at Airport for In-Law’s Murder, Sits Emotionless in Cop Car.” Law&Crime Network has posted this video on YouTube.
“North Carolina ethics panel drops probe over justice’s diversity critique; Panel dismisses complaint against North Carolina Supreme Court Justice Anita Earls; Earls alleged the investigation violated her First Amendment rights”: Nate Raymond of Reuters has this report.
And in commentary, online at Slate, Billy Corriher has a Jurisprudence essay titled “North Carolina GOP Drops Crusade Against Jurist Who Questioned Racial Bias, for Now.”
“Integrity’: An Interview With Judge Pauline Newman; Evaluate the 96-year-old jurist’s mental acuity for yourself by listening to this podcast.” David Lat has posted this new installment of his “Original Jurisdiction” podcast.
In his post, Lat writes, “On January 4, I met with Judge Newman and her clerks in chambers, for about four hours. Last Friday, I interviewed Judge Newman on my podcast, for another hour. I’m now of the view that she’s completely lucid and sane — and I have reason to disbelieve or at least question much of what I’ve read in the takedowns of her.”