“Samuel Alito Has an ‘Obligation to Sit’; The Supreme Court Justice rightly rejects a partisan demand that he recuse from Trump-related cases”: This editorial will appear in Thursday’s edition of The Wall Street Journal.
“The strange case of Alito v. Alito; Alito-gate: The justice, his wife, her flags and their ethics.” Columnist Ruth Marcus has this essay online at The Washington Post.
Also online at The Washington Post, columnist Monica Hesse has an essay titled “It’s a woman’s right to fly her own flag! Hear, hear Justice Alito. The Supreme Court justice is defending a woman’s freedom to make her own decisions without the influence of a man. Say more.”
And online at Slate, Dahlia Lithwick and Mark Joseph Stern have a Jurisprudence essay titled “Alito’s Aggrieved Letter to Congress Tips His Hand in the Jan. 6 Cases.”
“US judge makes ‘unthinkable’ pitch to use AI to interpret legal texts”: Nate Raymond of Reuters has a report that begins, “A federal appeals court judge used a concurring opinion in an insurance dispute to lay out what he called an ‘unthinkable’ proposal: That courts begin using artificial intelligence programs to help interpret words and phrases in legal texts.”
On Tuesday, Eleventh Circuit Judge Kevin C. Newsom issued this very interesting concurring opinion.
“ExxonMobil Argues Co-Defendant’s Settlement Barred Claims That Yielded $725M Benzene Verdict; The company asserted in a recent post-trial brief that the plaintiffs were not entitled to recover against ExxonMobil at all because they had already been compensated by another defendant for their injuries”: Aleeza Furman of The Legal Intelligencer has this report.
“Emerging Portrait of Judge in Trump Documents Case: Prepared, Prickly and Slow; Judge Aileen Cannon’s handling of court hearings offers insights into how the case accusing Donald Trump of illegally retaining classified material has become bogged down in unresolved issues.” Alan Feuer of The New York Times has this report.
“Alito Refuses Calls for Recusal Over Display of Provocative Flags; ‘My wife is fond of flying flags,’ the justice wrote in a letter to members of Congress who had demanded he step down from two cases related to the Jan. 6 attack; ‘I am not’”: Adam Liptak of The New York Times has this report.
Ann E. Marimow and Justin Jouvenal of The Washington Post report that “Justice Alito tells Congress he will not recuse from Jan. 6-related cases; Some Democrats asked whether Justice Samuel A. Alito Jr. could be impartial after an upside-down flag flew at his home following the 2021 U.S. Capitol attack.”
And Alex Swoyer of The Washington Times reports that “Justice Alito refuses call to recuse, says flags were flown by his wife.”
You can access Justice Samuel A. Alito, Jr.’s letter at this link.
“Narrow decisions, broad goals: Why the South Carolina redistricting case was decided 6 to 3.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”
“Amy Coney Barrett’s Husband Is Representing Fox in a Lawsuit; Supreme Court Justice Amy Coney Barrett’s husband, Jesse Barrett, is defending Fox Corporation in a defamation case”: Andrew Perez of Rolling Stone has this report.
“The newest election battlefield for abortion: State supreme courts.” Faith E. Pinho of The Los Angeles Times has this report.
“Ketanji Brown Jackson Points to a Way Forward for the Court”: Linda Greenhouse has this guest essay online at The New York Times.
“Justice Alito’s Wife Has Managed to Avoid the Spotlight Until Now; Martha-Ann Alito has built a limited public life since moving to Washington that has mainly centered on apolitical projects and charity work”: Zach Montague of The New York Times has this report.
David Bauder of The Associated Press reports that “The Washington Post said it had the Alito flag story 3 years ago and chose not to publish.”
And in commentary, online at The Los Angeles Times, columnist Robin Abcarian has an essay titled “Samuel Alito’s ethical lapse isn’t the Supreme Court’s first. This is why it’s different.”
“Former federal judge blasts John Roberts in new book and says Ruth Bader Ginsburg was annoyed by pressure to retire”: Joan Biskupic of CNN has this report.
Retired D.C. Circuit Judge David S. Tatel‘s new book is titled “Vision: A Memoir of Blindness and Justice.”
“Phila. Judge Rejects Truck Company’s Excessiveness Challenge to $12M Crash Verdict; In an order entered just three days after the parties submitted their post-trial briefs, Judge Carmella Jacquinto of the Philadelphia Court of Common Pleas rejected arguments from the defendant that the jury’s award for pain and suffering was too large”: Aleeza Furman of The Legal Intelligencer has this report, in which I am quoted.
“Justice Thomas, Supreme Judicial Hypocrisy, and Race”: Eric Segall has this blog post at “Dorf on Law.”
“Credit Card Late Fee Case Moved Again to Washington From Texas; No affected banks in Texas district, judge rules again; CFPB’s final rule would slash credit card late fees to $8”: Michael Smallberg of Bloomberg Law has this report on a ruling that the U.S. District Court for the Northern District of Texas issued yesterday.