“Only Black candidate drops out of SC Supreme Court race. Court will be all-White by summer.” Alexander Thompson of The Post and Courier of Charleston, South Carolina has an article that begins, “The only Black candidate in the race for an open South Carolina Supreme Court seat dropped out May 28, ensuring the state’s high court will become all White for the first time in 17 years.”
“The Alitos, the Neighborhood Clash and the Upside-Down Flag; Inside the escalating conflict on a bucolic suburban street that Justice Alito said prompted a ‘Stop the Steal’ symbol at his home”: Jodi Kantor of The New York Times has this report.
“Gorsuch offers rebuke as Supreme Court turns away review of 6-member juries; The Donald Trump appointee urged states to step in and uphold the right to a 12-member jury since the high court declined to correct what Gorsuch called an ‘embarrassing mistake’”: Kelsey Reichmann of Courthouse News Service has this report.
“The Infuriating Alito Two-Step”: Michael C. Dorf has this post at his blog, “Dorf on Law.”
“Liberal Judges Should Respect Precedent As Little As Conservative Judges Do; Judges have long criticized qualified immunity as lawless and illegitimate; A Mississippi district court judge decided to dispense with it altogether”: Madiba K. Dennie has this essay online at Balls and Strikes.
“Supreme Court agrees to hear water pollution fight between San Francisco, EPA”: Bob Egelko of The San Francisco Chronicle has this report.
“US Supreme Court rebuffs lawyer Michael Avenatti’s bid to overturn Nike-related convictions”: John Kruzel of Reuters has this report.
“Time for Some Bad Decisions”: You can access yesterday’s new episode of the “Strict Scrutiny” podcast via this link.
“The Alitos and Their Flags: The saga of a Supreme Court justice, his wife and two symbols adopted by people campaigning to overturn the result of the 2020 election.” You can access today’s episode of “The Daily” podcast from The New York Times via this link.
“The Untold Story of the Network That Took Down Roe v. Wade; A conservative Christian coalition’s plan to end the federal right to abortion began just days after Trump’s 2016 election”: Elizabeth Dias and Lisa Lerer will have this article in this upcoming Sunday’s edition of The New York Times Magazine.
“82. The Supreme Court’s Four Officers: A new Supreme Court librarian provides an opportunity to look at the Court’s role in appointing its own officers — and how that might play into proposals to create an Article III Inspector General.” Steve Vladeck has this post at his “One First” Substack site.
“Judicial Notice (05.27.24): Crash And Burn; Airline attorneys embarrass themselves, SCOTUS issues a big ruling, the NCAA announces a $2.8 billion settlement, and Kirkland takes talent from Milbank.” David Lat has this post at his “Original Jurisdiction” Substack site.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case.
And in Cunningham v. Florida, No. 23–5171, Justice Neil M. Gorsuch issued a dissent from the denial of certiorari.
“Supreme Court Justice Sotomayor Talks Justice, Civic Engagement at Radcliffe Day”: Matan H. Josephy and Neil H. Shah of The Harvard Crimson have this report.
And Alex Swoyer of The Washington Times reports that “Justice Sonia Sotomayor says some Supreme Court rulings have made her cry.”
“U.S. gun makers ask Supreme Court to block Mexico’s claims they’re responsible for cartel violence”: Alex Swoyer of The Washington Times has this report.
“Coinbase’s Supreme Court Loss Is Its Own Fault; The cryptocurrency platform’s lawyers made a mistake — or perhaps executives failed to heed their counsel”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.
“Wife of Justice Alito called upside-down flag ‘signal of distress’; In January 2021, Martha-Ann Alito said the flag, a symbol embraced by election deniers, was raised outside her home in response to a neighborhood dispute”: Justin Jouvenal and Ann E. Marimow of The Washington Post has this report.
“Tired, testy and fractured: The Supreme Court prepares for more drama.” Joan Biskupic of CNN has this news analysis.
“Supreme Court Conservatives Add New Minority Voter Roadblocks; 6-3 court says legislators must be given presumption of good faith; Harder for minority voters to claim votes ‘diluted’”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.
“Louisiana governor signs bill classifying abortion pills as controlled dangerous substances; The state is the only one categorize mifepristone and misoprostol this way”: Daniella Silva and Natalie Obregon of NBC News has this report.
“Dan Markel murder: Charlie Adelson, serving life sentence, moved to prison in South Dakota.” Jeff Burlew of The Tallahassee Democrat has this report.
“A Federal Judge Wonders: How Could Alito Have Been So Foolish?” Senior U.S. District Judge Michael Ponsor (D. Mass.) has this guest essay online at The New York Times.
“Alito’s Second Flag Is About More Than Just Jan. 6; It’s a window into the Supreme Court justice’s ominous vision”: Molly Olmstead has this essay online at Slate.
“Justice Sotomayor Describes Frustration With Being a Liberal on the Supreme Court; In a conversation at Harvard, the justice spoke of her despair at some of the court’s decisions, but she urged optimism and a focus on future generations”: Abbie VanSickle of The New York Times has this report.
“The Supreme Court Doesn’t Agree on What Racism Is; Six justices think of racism as overt bigotry; The other three see it as structural”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Opinionpalooza: A Bad June Rising At SCOTUS; The Supreme Court’s end-of-term is going to be chaos; It doesn’t have to be.” You can access today’s new episode of Slate’s “Amicus” podcast via this link.
“Alito and Thomas Aren’t Really Jurists. They’re Theocratic Leninists. The Supreme Court justices are intent on using maximal power to fundamentally reorder society.” Michael Tomasky has this essay online at The New Republic.
“Justice Alito’s Latest Vexing Vexillology; The new supposed scandal: a flag from the Revolutionary War.” This editorial appears in today’s edition of The Wall Street Journal.
“Supreme Court rules against Coinbase in arbitration dispute”: Alex Swoyer of The Washington Times has this report.
“Supreme Court Sides With Republicans Over South Carolina Voting Map; The case concerned a constitutional puzzle: how to distinguish the roles of race and partisanship in drawing voting maps when Black voters overwhelmingly favor Democrats.” Adam Liptak of The New York Times has this report.
Patrick Marley, Ann E. Marimow, and Justin Jouvenal of The Washington Post report that “Supreme Court’s South Carolina ruling boosts GOP, with national implications; The ruling allows the state to use a map favorable to Republicans and is expected to make it far more difficult for voters nationwide to challenge racial gerrymandering.”
David G. Savage of The Los Angeles Times reports that “Supreme Court OKs shift of Black voters to shore up GOP congressional district.”
Jess Bravin of The Wall Street Journal reports that “Supreme Court Allows South Carolina’s GOP-Drawn Congressional Map, Rejecting Racial Discrimination Claim; Justices raise bar for challenging political maps as unconstitutional racial gerrymanders.”
Maureen Groppe of USA Today reports that “Supreme Court backs GOP plan in SC that critics say discriminated against Black voters; The decision comes at a time of uncertainty about the once-a-decade process of redrawing congressional districts that can decide control of the House.”
And Alex Swoyer of The Washington Times reports that “Supreme Court upholds South Carolina election map over Black voter challenge.”
“Abortion Pills in Louisiana Could Soon Be in Same Category as Opioids; Louisiana would become the first state to classify misoprostol and mifepristone as controlled substances”: Joseph De Avila of The Wall Street Journal has this report.
“A Flagging Campaign Against Justice Alito; The ‘ethics’ attack having failed, the left turns to flag etiquette”: Columnist Kimberley A. Strassel will have this op-ed in Friday’s edition of The Wall Street Journal.
“What These Stories About Samuel Alito’s ‘Provocative’ Flags Are Really About; No, John Roberts is not going to do anything about this one either”: Dahlia Lithwick has this Jurisprudence essay online at Slate.
And online at Balls and Strikes, Jay Willis has an essay titled “How Many Coup-Adjacent Flags Can One Supreme Court Justice Possibly Have: If there is a flagpole on the premises, this man is apparently powerless to stop himself from displaying the preferred symbols of violent insurrectionists.”
“Meet Arizona’s most powerful political couple, who are on opposite ends of an abortion ban”: Faith E. Pinho of The Los Angeles Times has an article that begins, “Before she voted to repeal Arizona’s near-total abortion ban, Sen. Shawnna Bolick rose from her seat on the Senate floor to painstakingly detail one woman’s three difficult pregnancies.”
And on Monday, The Arizona Republic posted online an essay by Arizona Supreme Court Justice Clint Bolick titled “I don’t need to be a Supreme Court justice. But Arizona needs the system that got me here ‘Vote Them Out!’ might boot me from the Arizona Supreme Court. But the effort could have a much worse impact on our state’s judicial merit selection system.”
“President Biden Names Fiftieth Round of Judicial Nominees”: The White House issued this news release today, which includes the announcement of nominees for the First and Sixth Circuits.
The First Circuit nominee would be a second-generation First Circuit judge, while the Sixth Circuit nominee will replace the judge for whom she clerked on that court.
In early news coverage, Evan Mealins of The Tennessean reports that “Biden to nominate Nashville attorney for Sixth Circuit federal appeals court.”