“Law Professor’s Tireless Search for Rare Recordings Resurrects Voices of Landmark Segregation Case; Using AI and sleuthing, a team recreated unrecorded oral arguments from Brown v. Board; It’s ’amazing’ but ‘a little creepy,’ says retired Justice Stephen Breyer”: Jess Bravin of The Wall Street Journal has this report.
“What Was That Bizarro Louisiana Voting Rights Decision All About? In a topsy-turvy ruling, the conservatives on the Supreme Court ordered Louisiana to use a VRA-compliant congressional map while the liberals dissented.” Elie Mystal has this essay online at The Nation.
“The Supreme Court Just Handed Another Loss to Congress; Legislators have delegated too much of their decision-making to powerful agencies like the Consumer Financial Protection Bureau”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.
“What Do Judicial Rules Say About Alito and a ‘Stop the Steal’ Symbol? Judicial experts say an upside-down flag at the justice’s home raises thorny questions about potential ethics violations and what circumstances require recusal from cases.” Abbie VanSickle of The New York Times has this report.
John Fritze and Holmes Lybrand of CNN report that “Justice Samuel Alito blames upside-down American flag on his wife and a flap with neighbors.”
In commentary, online at The Atlantic, Adam Serwer has an essay titled “Why Was Alito Flying the Flag Upside Down After January 6? Justice Alito blamed his wife for the incident, but he did not disavow what the symbol stands for.”
Online at Slate, Dahlia Lithwick and Mark Joseph Stern have a Jurisprudence essay titled “The Smallest Justice Who Ever Lived; Samuel Alito’s explanations for his wife’s upside-down American flag make the story even worse.”
And at the “Intelligencer” blog of New York magazine, Ed Kilgore has a post titled “Justice Alito’s ‘Stop the Steal’ Flag Is Symbol of New Partisan Era at Supreme Court.”
“Despite consumer watchdog’s US Supreme Court win, agency powers still on chopping block”: John Kruzel of Reuters has this report.
“Stuart Harrow Wins the Unlikeliest of Supreme Court Cases; Court is unanimous ruling Harrow can continue his 11-year fight for six days of back pay”: Ben Foldy of The Wall Street Journal has this report.
“Is There a Constitutional Right to Talk About Abortion?” Linda Greenhouse has this guest essay online at The New York Times.
“Biden has installed the most non-White judges of any president; Additionally, 6 in 10 Biden judges are women, data show”: Nick Mourtoupalas of The Washington Post has this report.
Supreme Court of Pennsylvania agrees to consider whether to limit availability of “statutory employer” defense: Yesterday, the Pennsylvania’s highest court issued this order granting review in the case.
The Petition for Allowance of Appeal that I filed a little over one year ago asking the court to accept the case for review can be accessed here.
“In Shopify class action, US appeals court will revisit thorny venue issue”: Alison Frankel’s “On the Case” from Reuters has this post.
“Ghostwriters Try Steering Supreme Court Justices Away from Cases; No rule against practice seen in opposition briefs; Ethical question of misleading the justices raised”: Lydia Wheeler of Bloomberg Law has this report.
“The Fifth Circuit Is In the Tank For Corporate Power; When the government does things that megacorporations don’t like, they know exactly where to go to get the friendliest possible audience”: Molly Coleman has this essay online at Balls and Strikes.
“The Supreme Court decides not to trigger a second Great Depression; Two justices dissent”: Ian Millhiser has this essay online at Vox.
And online at Slate, Mark Joseph Stern has a Jurisprudence essay titled “Even Clarence Thomas Can See That the 5th Circuit Is Just Making Up Nonsense; The conservative justices finally sent a strong message to a rogue lower court; But the sanity might not last.”
“Brett Kavanaugh: Ending School Segregation Is a Lot Like Ending Abortion Rights, If You Think About It; The conservative legal movement spent years complaining about Brown v. Board of Education; But they love bringing it up to justify taking rights away from people.” Madiba K. Dennie has this essay online at Balls and Strikes.
“Kavanaugh Bests Two Fellow Justice Runners in Washington Race; ACLI Capital Challenge attracts big field, including DC luminaries; Solicitor General Elizabeth Prelogar bests the three justices”: Seth Stern of Bloomberg Law has this report.
“‘Papa Warren’ and the End of Segregation: A boy’s-eye view of my grandfather’s most important case.” Jeffrey Earl Warren has this op-ed in today’s edition of The Wall Street Journal.