“Justice Alito Renews Criticism of Landmark Ruling on Same-Sex Marriage; In a statement, the justice raised concerns that those with ‘traditional religious views’ would be ‘“labeled as bigots and treated as such” by the government’”: Abbie VanSickle of The New York Times has this report.
Maureen Groppe of USA Today reports that “Alito says he was right to fear that opponents of gay marriage would be treated as bigots; Supreme Court Justice Samuel Alito said he’d anticipated that Americans would be called bigots unless they hid their religious views on homosexuality.”
And in commentary, online at Slate, Mark Joseph Stern has a Jurisprudence essay titled “Sam Alito Launches Broadside Against Marriage Equality in Homophobic Juror Case.”
“Supreme Court turns down challenge to N.Y. rent control with implications for California”: David G. Savage of The Los Angeles Times has this report.
“Third Circuit Clarifies Comity Abstention Test”: Maggie Gardner has this post at the “Transnational Litigation Blog.”
“A Response to John Mikhail on ‘Officers of the United States’ — Part I; The issues, arguments, and evidence raised by Mikhail has already been addressed by our scholarship; This evidence was not ‘ignored or overlooked’”: Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy.”
“Penn hearing board recommended sanctions against Amy Wax in June, but her appeal means the process isn’t over; Then-president Liz Magill signed off on the sanctions in August, saying she stood by the hearing board’s decision”: Susan Snyder of The Philadelphia Inquirer has this report.
And Elea Castiglione of The Daily Pennsylvanian reports that “Penn hearing board recommended sanctions against Amy Wax, prompting ongoing appeal.”
“The Quiet Way Democrats Hope to Expand Their Power at the State Level; The Democratic Governors Association is beginning a multimillion-dollar effort aimed at appointing more state judges”: Nick Corasaniti of The New York Times has this report.
“Shock, anger, confusion grip Alabama after court ruling on embryos”: Tim Craig and Sabrina Malhi of The Washington Post have this report.
And in commentary, online at Slate, law professors Courtney G. Joslin and Mary Ziegler have a Jurisprudence essay titled “Sam Alito Is to Blame for the Alabama Supreme Court’s Devastating Anti-IVF Ruling.”
“Supreme Court Won’t Hear New Case on Race and School Admissions; The decision, along with an order this month declining to block West Point’s admissions program, suggests that most justices are not eager to immediately explore the limits of its ruling from June”: Adam Liptak of The New York Times has this report.
Ann E. Marimow and Karina Elwood of The Washington Post report that “Supreme Court won’t review admissions at Va.’s Thomas Jefferson school.”
Jess Bravin of The Wall Street Journal reports that “Supreme Court Rejects Challenge to Diversity Efforts at Top High School; Plaintiffs say school board changed criteria to increase Black, Hispanic enrollment.”
Maureen Groppe of USA Today reports that “Supreme Court sidesteps fight over controversial diversity policy at one of the nation’s top high schools; Against the backdrop of the murder of George Floyd in 2020, a Virginia county changed its admissions policy at one of the most selective high schools in the country.”
And Stephen Dinan and Alex Swoyer of The Washington Times report that “Supreme Court declines challenge to Thomas Jefferson race policy that cut Asian-American admissions.”
You can access today’s Order List of the U.S. Supreme Court at this link.
“Federal Court: Prison Guards Forcibly Shaving a Rastafarian’s Head Is Someone Else’s Problem; A Fifth Circuit decision prohibits guards from cutting Damon Landor’s hair; He gave them a copy of the opinion; They literally threw it in the trash.” Madiba K. Dennie has this post at Balls and Strikes.
“Fifth Circuit keeps Texas anti-drag law on ice as the state’s appeal proceeds; Judge James Ho, though, wrote that Texas should immediately be allowed to enforce the law — despite a district judge’s ruling that the law is unconstitutional”: Chris Geidner has this post at his Substack site.
You can access today’s unpublished order of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
“US appeals court to decide if Pennsylvania mail-in ballots with wrong date still count”: Maryclaire Dale and Mark Scolforo of The Associated Press have this report.
And Steve Ulrich of PoliticsPA reports that “U.S. Appeals Court Hears PA Mail Ballot ‘Missing Date’ Case.”
You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit via this link.
“Nickleback’s Win in ‘Rockstar’ Copyright Suit Upheld on Appeal; Band’s 2006 hit ‘not sufficiently similar’ to earlier song; Texas musician failed to show band heard his song”: Isaiah Poritz of Bloomberg Law has this report (subscription required for full access) on a non-precedential per curiam decision that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
“Beyond the Limit: The Battle Over Copyright Back-Damages in Warner Chappell Music v. Nealy.” Dennis Crouch and Timothy Knight have this post at the “Patently-O” blog.
“Where the Ruling Class Went to Rule — Law’s Violence in the Era of William Howard Taft”: William Forbath has this guest post at the “Balkinization” blog.
“Incorporation by Reference Rules at the Federal Circuit”: Dennis Crouch has this post at his “Patently-O” blog.
“The Supreme Court will decide whether to let civilians own automatic weapons; Garland v. Cargill asks whether gun makers can evade the ban on machine guns with a device called a bump stock”: Ian Millhiser has this essay online at Vox.
“Judge Nancy G. Abudu”: You can access today’s new episode of the “For the Defense with David Oscar Markus” podcast via this link.
“67. Making Sense of the ‘Good Neighbor’ Applications; A rare oral argument on emergency applications challenging Biden administration pollution rules underscores how much earlier the justices are taking up complex legal disputes — and the costs of doing so.” Steve Vladeck has this post at his “One First” Substack site.
