“Trump initiatives might be foiled by the right’s defeat of Chevron; The president-elect’s lawyers are going to have their work cut out for them”: Law professor Cass R. Sunstein has this essay online at The Washington Post.
“The huge stakes in a Supreme Court case about vaping; The justices face the awkward task of reviewing some very shoddy work by Judge Andy Oldham, a potential future colleague”: Ian Millhiser has this essay online at Vox.
“Supreme Court wants US input on whether ISPs should be liable for users’ piracy; SCOTUS asks US government for its view on $1 billion Sony v. Cox case”: Jon Brodkin of Ars Technica has this report.
“The man who helped roll back abortion rights now wants to ‘crush liberal dominance’”: This audio segment appeared on today’s broadcast of NPR’s “Morning Edition.”
“Riggs’ lead drops by 67 votes as 60 counties complete NC Supreme Court recount”: The Carolina Journal has this report.
“Transgender lawyer makes history, takes case on puberty blockers and hormone therapy to Supreme Court; The ACLU’s Chase Strangio will be the first openly transgender lawyer to argue before the Supreme Court when the justices consider Tennessee’s ban on gender-affirming care for minors”: Maureen Groppe of USA Today has this report.
“New Jersey Transit Can Face NY Suits, State Top Court Says; Transit agency has ‘significant independence’ from state; Courts wading into ‘uncharted waters’ since Hyatt ruling”: Beth Wang of Bloomberg Law has this report (subscription required for full access) on a ruling that the Court of Appeals of New York — that state’s highest court — issued today.
A case raising this same issue is currently pending before the Supreme Court of Pennsylvania, where the oral argument did not seem to go very well for plaintiff’s counsel (who appeared to have been proceeding without the help of an appellate practitioner). Perhaps this decision will help turn the tide in that case.
“Sotomayor, Gorsuch shine spotlight on government repayment for private property damage; The high court refused to consider if a Texas property owner should have been reimbursed when police officers caused $50,000 in damages during a hostage standoff”: Kelsey Reichmann of Courthouse News Service 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, but it did call for the views of the Solicitor General in two related cases.
And in Baker v. City of McKinney, No. 23-1363, Justice Sonia Sotomayor issued a statement, in which Justice Neil M. Gorsuch joined, respecting the denial of certiorari.
“The Iron Man of America’s op-ed pages; George F. Will’s conservative outlook and cheerful erudition have been the hallmarks of an extraordinary career”: Columnist David Von Drehle has this essay online at The Washington Post.
“No-Limit Vouchers Are Blowing Up Arizona’s Budget. This Woman Is Leading the Way. Conservative parents seeking ‘educational freedom’ have found a taxpayer-supported way to opt out of public schools. And other states want to imitate it.” Rowan Moore Gerety has this article online at Politico Magazine.
“Special counsel Jack Smith moves to dismiss Trump’s D.C. prosecution; The special counsel filed a motion to dismiss Donald Trump’s election-obstruction case without prejudice, which means the case could be revived in the future”: Perry Stein and Spencer S. Hsu of The Washington Post have this report.
“How Will Trump 2.0 Embolden SCOTUS to Gut the Law?” You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube, featuring an interview with former D.C. Circuit Judge David S. Tatel.
“The Texas Ob-Gyn Exodus: Amid increasingly stringent abortion laws, doctors who provide maternal care have been fleeing the state.” Stephania Taladrid has this Letter from the Rio Grande Valley in the December 2, 2024 issue of The New Yorker.
“110. The Universal Service Fund and the Non-Delegation Doctrine: Friday’s major new cert. grant raises the question whether the justices are poised to reinvigorate the non-delegation doctrine, or whether they’re just going to slap the Fifth Circuit down again.” Steve Vladeck has this post at his “One First” Substack site.
“In emotional event, D.C. jail inmates debate JMU students in courtroom; The topic was whether life without parole should be abolished; The inmates said the opportunity gave them purpose”: Dan Rosenzweig-Ziff of The Washington Post has this report.
“Donald Trump Thinks He Won’t Have Enough Power”: Online at The New York Times, columnist David French has an essay that begins, “These are the times that try a constitutional conservative’s soul.”
And online at The Washington Post, columnist Ruth Marcus has an essay titled “Four ways Trump will undermine the authority of Congress; The president-elect is setting the stage for a vast, dangerous and unconstitutional expansion of presidential power.”
“The Ivy League’s Most Incompetent Team Finally Has a Championship; The Columbia Lions football team, which once set a record for futility, won their first league title since 1961 after landing in a three-way tie with Harvard and Dartmouth”: Joshua Robinson of The Wall Street Journal has this report.
“Judicial Notice (11.24.24): Follow The Leader; Trump’s new AG pick, Cravath’s year-end bonuses, partner defections from Weil, and a Senate deal on judges.” David Lat has this post at his “Original Jurisdiction” Substack site.
“North Dakota Supreme Court considers motion to reinstate abortion ban while appeal is pending”: Mary Steurer of North Dakota Monitor has this report.
“Pittsburgh efforts to regulate firearms likely dead after state Supreme Court ruling”: Julia Zenkevich of 90.5 WESA Radio has this report.
“Departing Mexican Supreme Court justice weighs in on judicial reforms in his country; Alfredo Gutiérrez Ortiz Mena LL.M. ’98, who recently resigned from his position, offers his views on the controversial new laws”: Rebecca Beyer of Harvard Law Today has this report.
“An ad supporting Jenifer Branning finds imaginary liberals on the Mississippi Supreme Court”: Bobby Harrison of Mississippi Today has this news analysis.
“Will Trump’s former defense lawyer protect the Justice Department from Trump? DOJ officials say Todd Blanche, a former federal prosecutor, knows its tradition of barring politicians from influencing criminal investigations, but he faces a daunting task.” Ryan J. Reilly of NBC News has this report.
“Can The Senate Save Us? From Cabinet confirmations to judicial vacancies, will the Senate supercharge Trump’s lawlessness, or curb it?” You can access today’s new episode of Slate’s “Amicus” podcast via this link.
“Hawaii Is Looking For Its Next Supreme Court Justice; The Judicial Selection Commission is seeking applicants to succeed Chief Justice Mark Recktenwald, who must retire next year when he turns 70”: Chad Blair of Honolulu Civil Beat has this report.
“Supreme Court Agrees to Hear Fresh Challenge to Agency Power; A conservative group argues that Congress gave the Federal Communications Commission too much discretion over an $8 billion fund”: Adam Liptak of The New York Times has this report.
And Justin Jouvenal of The Washington Post reports that “Supreme Court to examine power of Congress to delegate authority; The cases explore whether Congress violated the Constitution when it allowed the Federal Communications Commission to gather fees to help pay for critical telecommunications services in communities that might not otherwise have it.”
“Ketanji Brown Jackson on Ethics, Trust, and Keeping It Collegial at the Supreme Court; The Supreme Court Justice talks with David Remnick about the decline in public trust and questions about the Court’s ethics code, and how Justices get along in a very partisan era”: You can access the new episode of “The New Yorker Radio Hour” podcast via this link.
“Trump’s Crown Doesn’t Fit”: Columnist Jamelle Bouie has this essay online at The New York Times.
“Botched Gaetz Nomination Shows Limits of Trump’s Hold Over GOP; Republican lawmakers generally agree with president-elect’s ambition to reshape federal bureaucracy but sometimes balk at his wishes”: Aaron Zitner and Natalie Andrews of The Wall Street Journal have this report.
“Live From The Dispatch Summit: Judge James Ho.” You can access this recent episode of the “Advisory Opinions” podcast via this link.
“Some thoughts on the Ho-Thapar debate on federal judicial clerkship boycotts”: Derek T. Muller has this post at his “Excess of Democracy” blog.
“Supreme Court drops review of Meta, shareholder brawl over data breach disclosures; Only weeks after hearing oral arguments, the high court let a lower court ruling favoring shareholders stand”: Kelsey Reichmann of Courthouse News Service has this report.
You can access today’s per curiam decision of the U.S. Supreme Court dismissing review as having been improvidently granted at this link.
“False Federalist Society Denials About Supporting Nominees for Public Office and Why It Matters”: Eric Segall has this blog post at “Dorf on Law.”
“Conservative activist Leonard Leo’s expectations for Trump’s judicial appointments”: This audio segment appeared on this evening’s broadcast of NPR’s “All Things Considered.”