“Filibuster Politics Shape Strategies on Alito Nomination; Democrats’ excesses put them at severe disadvantage”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
And Ed’s post from last Thursday was titled “Samuel Alito Gets Big Boost from Harriet Miers Fiasco; George W. Bush’s third pick for O’Connor seat unifies Republicans.”
“Supreme Court Clerk Hiring Watch: Meet The October Term 2024 SCOTUS Clerks; Yale Law bests Harvard, D.D.C. trounces S.D.N.Y., and other trends in SCOTUS clerk selection.” David Lat has this post at his “Original Jurisdiction” Substack site.
Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in three argued cases.
1. Justice Ketanji Brown Jackson delivered the opinion for a unanimous Court in Coinbase v. Suski, No. 23-3. And Justice Neil M. Gorsuch issued a concurring opinion. You can access the oral argument via this link.
2. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Alexander v. South Carolina State Conference of the NAACP, No. 22-807. Justice Clarence Thomas issued an opinion concurring in part. And Justice Elena Kagan issued a dissenting opinion, in which Justices Sonia Sotomayor and Jackson joined. You can access the oral argument via this link.
3. And Justice Alito delivered the opinion of the Court in Brown v. United States, No. 23-6389. Justice Jackson issued a dissenting opinion, in which Justice Kagan joined in full and Justice Gorsuch joined in large measure. You can access the oral argument via this link.
“The Supreme Court makes a dangerous ruling, delighting progressives; The justices, endorsing the CFPB’s structure, are feeding the executive branch’s sense of entitlement”: Columnist George F. Will has this essay online at The Washington Post.
“US appeals court punts on liability shield for Apple, Google, Meta in casino app cases”: Alison Frankel’s “On the Case” from Reuters has this post about a non-precedential decision that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
“‘A Major Milestone’: Senate Confirms Joe Biden’s 200th Lifetime Federal Judge; Not only has Biden confirmed more judges than Trump had done by this point in his presidency, but he’s infused the nation’s courts with astounding diversity.” Jennifer Bendery of HuffPost has this report.
“How the Supreme Court Abuses a Fake ‘Principle’ to Put the Squeeze On Democracy; In theory, the ‘Purcell principle’ prevents voter confusion; In reality, it allows the Court’s six-justice conservative supermajority to get rid of voter protections they don’t like”: Ian Baize has this essay online at Balls and Strikes.
“A Federal Judge Delivers Another Urgent, Scathing Warning About the Supreme Court”: Mark Joseph Stern has this Jurisprudence essay online at Slate about a decision that U.S. District Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi issued Monday.
“Samuel Alito, His Wife and the Ginsburg Standard: The late justice didn’t recuse herself after expressing her own political opinions.” Mark Paoletta has this essay online at The Wall Street Journal.
“Another Provocative Flag Was Flown at Another Alito Home; The justice’s beach house displayed an ‘Appeal to Heaven’ flag, a symbol carried on Jan. 6 and associated with a push for a more Christian-minded government”: Jodi Kantor, Aric Toler, and Julie Tate of The New York Times have this report.
“New York top court upholds abortion insurance coverage requirement; The New York Court of Appeals found that a recent U.S. Supreme Court decision didn’t make broadly-applied rules unconstitutional violations of religious freedom, but Albany’s Catholic diocese vowed to change that”: Andy Monserud of Courthouse News Service has this report on a unanimous ruling that the New York State Court of Appeals issued today.
“Justice Alito Is a True Believer”: Columnist Jamelle Bouie has this essay online at The New York Times.
“Georgia Supreme Court incumbent staves off challenge from ex-lawmaker; Justice Andrew Pinson was elected to full six-year term after defeating former U.S. Rep. John Barrow, who centered his campaign on a vow to preserve abortion rights at the state’s highest court”: Rosie Manins of The Atlanta Journal-Constitution has this report.
“House Democrats call on Justice Alito to recuse after flag controversy; Justice Samuel Alito has said his wife flew the U.S. flag upside down after what neighbors described as a heated argument over yard signs”: Justin Jouvenal and Ann E. Marimow of The Washington Post have this report.
“California justices appear likely to uphold Prop. 22, keeping gig worker law in place”: Bob Egelko of The San Francisco Chronicle has this report.
“The Supreme Court’s CFPB Ruling Saved the Fed, Too. Even conservative Justice Thomas doesn’t want to undermine the global financial system. The same can’t be said for Justice Alito.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Abortion was already a top issue. Alito made the Supreme Court one, too. A Democratic agenda: Lose the filibuster, reform the court and revive Roe.” Columnist Jennifer Rubin has this essay online at The Washington Post.
“The Republican Party’s man inside the Supreme Court; Justice Samuel Alito brings no vision and no unique insights to his job — other than unrelenting loyalty to the GOP”: Ian Millhiser has this essay online at Vox.
“There’s No Sense of Shame at the Supreme Court”: Jesse Wegman has this essay online at The New York Times.
“CT Chief Justice Richard A. Robison to retire from state Supreme Court”: Edmund H. Mahony of The Hartford Courant has this report.
“California Supreme Court to decide fate of Prop. 22, possibly transform the gig economy”: Bob Egelko of The San Francisco Chronicle has this report.
“The Truth Turned Upside-Down”: Michael C. Dorf has this post at his blog, “Dorf on Law.”
“The ‘Originalist’ Justices Keep Getting History Spectacularly Wrong; Actual subject matter experts are baffled at how badly the conservative justices are butchering history in pursuit of their preferred policy outcomes”: Madiba K. Dennie has this essay online at Balls and Strikes.
“I Researched Judicial Ethics Rules For Years. Here’s Why The Alito Recusal Calls Are Ridiculous.” Margot Cleveland has this post online at The Federalist.
“Pa. Justices Agree to Reconsider Longstanding Statutory Employer Defense Precedent”: Riley Brennan of The Legal Intelligencer has this report about a case in which I am serving as appellate counsel for the plaintiff-appellant.
“Remember What’s Behind the Alito Attacks”: Jeffrey Blehar has this post at National Review’s “The Corner” blog.
“A Different Way of Seeing Justice Alito’s Blame-the-Wife Defense”: Jennifer Weiner has this guest essay online at The New York Times.
“The CFPB’s Pyrrhic Supreme Court Victory: The Constitution allows the Federal Reserve’s profits to fund the bureau; But the Fed has no profits.” Hal Scott will have this op-ed in Tuesday’s edition of The Wall Street Journal.
In the May 27, 2024 issue of The New Yorker: In the Talk of the Town section, Margaret Talbot has a Comment titled “Donald Trump’s Abortion Problem at the Polls; Since Roe v. Wade was overturned, G.O.P. efforts to ban abortion have backfired with voters in many states — and they could do so again in November.”
Sharon Lerner has a Reporter at Large article headlined “How 3M Discovered, Then Concealed, the Dangers of Forever Chemicals; The company found its own toxic compounds in human blood — and kept selling them.”
And Adam Gopnik has a Critic at Large essay titled “Why Liberals Struggle to Defend Liberalism: We may be months away from the greatest crisis the liberal state has known since the Civil War; How come it’s so hard to say what we’re defending?“
“US Senate cements all-Democratic appointed bench on 1st Circuit”: Nate Raymond of Reuters has this report.
“Upside-down flag controversy is the latest for Supreme Court Justice Alito”: David G. Savage of The Los Angeles Times has this report.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.
“2 Liberal Groups to Spend $5 Million on State Supreme Court Races; The National Democratic Redistricting Committee and Planned Parenthood Votes are joining together to help their preferred candidates for 2024 as state-level party battles gain steam”: Nick Corasaniti of The New York Times has this report.
“Notre Dame Law School alumnae Kari Lorentson ’19 J.D. and Elizabeth Totzke ’22 J.D. to clerk for U.S. Supreme Court Justice Amy Coney Barrett”: Denise Wager of the Notre Dame Law School has this report.
“The Alitos Let Their Freak Flag Fly”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link.