“La.’s Ten Commandments law will test religion-friendly courts, experts say; The state’s Republican governor signed a measure requiring taxpayer-financed schools to prominently post a specific version of the commandments by Jan. 1”: Michelle Boorstein and Danielle Paquette of The Washington Post have this report.
“A Supreme Court Mistake on Wealth Taxes: Five Justices open the door to taxing unrealized gains in assets; Democrats will walk through it.” This editorial will appear in Friday’s edition of The Wall Street Journal.
Online at Slate, Mark Joseph Stern has a Jurisprudence essay titled “Why Brett Kavanaugh Shot Down a Fake Case That Would Have Blown Up the Tax Code.”
Online at Balls and Strikes, Jay Willis has an essay titled “The Conservative Justices Picked a Different Day to Kill a Wealth Tax; The Supreme Court’s opinion in Moore v. United States didn’t give conservative activists everything they wanted; But it gave them good reason to be optimistic about the future.”
And online at Vox, Ian Millhiser has an essay titled “The Supreme Court’s new tax decision is great news for billionaires; Most of the justices voted not to blow up the US tax code, but the opinion has bad news for progressive proponents of wealth taxes.”
“Antonin Scalia’s Son Found a New Way to Exploit the Worst Loophole in the Court System”: Miles Mogulescu has this Jurisprudence essay online at Slate.
“Handing Down The Final 19 (or 17) Opinions; With a Presidential Debate on June 27!” Josh Blackman has this post at “The Volokh Conspiracy.”
“Judge in Trump Documents Case Rejected Suggestions to Step Aside; Two federal judges in South Florida privately urged Aileen M. Cannon to decline the case when it was assigned to her last year, according to two people briefed on the matter; She chose to keep it”: Charlie Savage and Alan Feuer of The New York Times have this report.
Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in four argued cases.
1. Justice Brett M. Kavanaugh delivered the opinion of the Court in Moore v. United States, No. 22-800. Justice Ketanji Brown Jackson issued a concurring opinion. Justice Amy Coney Barrett issued an opinion, in which Justice Samuel A. Alito, Jr., joined, concurring in the judgment. And Justice Clarence Thomas issued a dissenting opinion, in which Justice Neil M. Gorsuch joined. You can access the oral argument via this link.
2. Justice Elena Kagan delivered the opinion of the Court in Chiaverini v. City of Napoleon, No. 23-50. Justice Thomas issued a dissenting opinion, in which Justice Alito joined. And Justice Gorsuch issued a dissenting opinion. You can access the oral argument via this link.
3. Justice Thomas delivered the opinion of the Court in Diaz v. United States, No. 23-14. Justice Jackson issued a concurring opinion. And Justice Gorsuch issued a dissenting opinion, in which Justices Sonia Sotomayor and Kagan joined. You can access the oral argument via this link.
4. And the Court issued a per curiam opinion in Gonzalez v. Trevino, No. 22-1025. Justice Alito issued a concurring opinion. Justice Kavanaugh issued a concurring opinion. Justice Jackson issued a concurring opinion, in which Justice Sotomayor joined. And Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.
“This Judge Made Houston the Top Bankruptcy Court. Then He Helped His Girlfriend Cash In. Law firm Kirkland & Ellis brought multibillion-dollar cases to David R. Jones’s court, aided by a local attorney who lived with the judge; ‘Why did no one look into it?’” Alexander Gladstone, Andrew Scurria, and Akiko Matsuda of The Wall Street Journal have this report.
“Abortion-Rights Advocates Deploy a New Red State Playbook; After Ohio voters approved a constitutional amendment, movement’s lawyers are citing it to challenge state restrictions”: Laura Kusisto of The Wall Street Journal has this report.
“Why Republicans Don’t Abandon ‘Felon’ Trump; They see the Democrats’ political use of the justice system as a more serious threat to democracy”: Law professor Michael W. McConnell will have this op-ed in Thursday’s edition of The Wall Street Journal.
“Louisiana Requires All Public Classrooms to Display Ten Commandments; A law signed by Gov. Jeff Landry on Wednesday makes the state the only one with such a mandate; Critics have vowed to mount a constitutional challenge”: Rick Rojas of The New York Times has this report.
Anumita Kaur of The Washington Post reports that “Louisiana requires Ten Commandments to be displayed in public classrooms; Gov. Jeff Landry (R) signed the legislation Wednesday.”
Alyssa Lukpat of The Wall Street Journal reports that “Louisiana Requires Ten Commandments to Be Displayed in Public-School Classrooms; Civil-liberties groups pledge to sue, citing separation between church and state.”
And Julia Guilbeau of The Times-Picayune of New Orleans reports that “Jeff Landry signs Ten Commandments bill into Louisiana law; A lawsuit is already brewing.”
“Justice Clarence Thomas casts cloud over lawsuits challenging diversity programs”: Alison Frankel’s “On the Case” from Reuters has a post that begins, “U.S. Supreme Court Justice Clarence Thomas has just adopted a legal theory that would eliminate a spate of recent lawsuits filed by groups that share the conservative justice’s opposition to race-based diversity programs.”
“Something’s Rotten About the Justices Taking So Long on Trump’s Immunity Case”: Law professor Leah Litman has this guest essay online at The New York Times.
“If Trump Loses, We Might Owe the Supreme Court; They keep handing Biden all the arguments he needs to win”: Jill Lawrence has this post at The Bulwark.
And online at Bloomberg Opinion, Francis Wilkinson has an essay titled “Supreme Court’s Bump Stock Ruling Reflects Its MAGA Agenda; How else do you explain a decision that says devices that enable semiautomatic rifles to be turned into copycat machine guns are okay?“
“Supreme Court Ruling on Bump Stocks Could Open Door to More Lethal Weapons; The court’s decision has the potential to undercut President Biden’s efforts to restrict other gun accessories that enable semiautomatic rifles to fire at speeds rivaling those of machine guns”: Jack Healy of The New York Times has this report.
“What will Justices Barrett and Jackson bring to the Supreme Court’s homestretch?” Marcia Coyle has this post at the “Constitution Daily” blog of the National Constitution Center.
“I’m the cake artist who won at the Supreme Court. Here’s why I’m still in court. I gladly serve people from all backgrounds. I decide to create custom cakes based on what they will express, not who requests them.” Jack Phillips has this essay online at Fox News.
“Wisconsin Supreme Court takes David Prosser’s name off law library, renames it for first woman lawyer”: Jessie Opoien of The Milwaukee Journal Sentinel has this report.
And Rich Kremer of Wisconsin Public Radio reports that “Wisconsin Supreme Court to rename State Law Library after Lavinia Goodell; Library currently named after former conservative Justice David Prosser; Current conservative Justice Rebecca Bradley calls change ‘another petty and vindictive maneuver’ from liberal majority.”
“Father Reidy Goes to Washington — As Supreme Court Clerk; Notre Dame law professor Father Patrick Reidy will clerk for Justice Brett Kavanaugh, starting in October”: Mary Frances Myler of National Catholic Register has this report.
“Amy Coney Barrett may be poised to split conservatives on the Supreme Court; Legal experts see signs of a ‘raging’ philosophical debate among the court’s supermajority”: Josh Gerstein of Politico has this report.
And Devan Cole and John Fritze of CNN report that “The Supreme Court’s approach on ‘history and tradition’ is irking Amy Coney Barrett.”
“Colorado Supreme Court takes up Christian baker’s refusal to create gender-transition cake”: Valerie Richardson of The Washington Times has this report.
And Mead Gruver of The Associated Press reports that “Colorado justices consider a pink and blue cake’s meaning in a transgender discrimination case.”
“Ohio attorney suspended over pooping in a Pringles can has license reinstated”: Laura A. Bischoff of The Columbus Dispatch has this report.
“Senate Republicans Block Bump-Stock Ban; Democrats failed in their effort to override last week’s Supreme Court ruling with legislation, but saw some political benefits to the clash”: Carl Hulse of The New York Times has this report.
“Antiabortion Lawsuits Leaned on Discredited, Disputed Research; Peer-reviewed studies were later challenged, disavowed or retracted”: Nidhi Subbaraman of The Wall Street Journal has this report.
“New York’s high court won’t hear Trump’s gag order challenge; The appellate court shot down Trump’s First Amendment gripes and kept the order active”: Erik Uebelacker of Courthouse News Service has this report.
“The Supreme Court’s role in our partisan polarization has been greatly exaggerated”: Columnist Jonah Goldberg has this essay online at The Los Angeles Times.
“Wisconsin governor’s ‘400-year veto’ to be decided by Wisconsin Supreme Court”: Mitchell Schmidt of The Wisconsin State Journal has this report.
“Case testing the constitutionality of Colorado’s anti-discrimination law goes to state supreme court”: Megan Verlee of Colorado Public Radio has a report that begins, “Lakewood baker Jack Phillips, who has long fought not to make cakes he says violate his Christian religious beliefs, will be in front of the Colorado Supreme court today.”
“How the Supreme Court could decide Trump’s blockbuster fight for immunity”: John Fritze of CNN has this report.
“J&J’s Talc Litigation Saga Gets Attorney-Client Privilege Twist; Suit seeks to pierce privilege behind bankruptcy strategy; J&J is looking to resolve talc litigation via $11 billion deal”: Brian Baxter of Bloomberg Law has this report.
“Supreme Court’s Far Right Faces a Free-Speech Problem; A humdrum trademark case exposed the limitations of originalism — and a rift on the court over the First Amendment”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“‘Hot-tubbing’ and more. New terms in Black’s Law Dictionary.” Jenna Greene’s “Legal Action” from Reuters has this post.
“Texas court favored by conservatives to pause transferring cases elsewhere”: Nate Raymond of Reuters has this report.
“The Division of Oral Arguments in the Office of Solicitor General (OT 2001-OT 2023)”: Josh Blackman has this post at “The Volokh Conspiracy.”
“As a Texas city debates an abortion travel ban, maternal care is scarce in nearby rural counties; Amid a fight over an ‘abortion travel ban,’ women health care experts say more attention is needed to the plight of pregnant Texans in the Panhandle where there are few hospitals and OBGYNs”: Jayme Lozano Carver of The Texas Tribune has this report.
“Statement of Concern Regarding Improper Use of Judicial Offices in Relation to Law Clerk Hiring and Refusal to Hire”: The New York City Bar Association issued this statement today.