“108. Recess Appointments and/in the Supreme Court: President-Elect Trump is already proposing to bypass a Republican-controlled Senate to install many of his nominees; But could he also do that to fill a seat on the Supreme Court? Yes, albeit briefly.” Steve Vladeck has this post at his “One First” Substack site.
“Making Sense of the Election and What It Means for the Court”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.
“An Interview with Judge James C. Ho”: Josh Blackman has this post at “The Volokh Conspiracy.”
“For legal disputes, Elon Musk’s X picked a venue far from Texas HQ; By changing his company’s terms of service, Elon Musk has ensured that lawsuits against X will be heard in courthouses that are a hub for conservative judges”: Tobi Raji of The Washington Post has this report.
“How the Supreme Court Helped Democrats: Their losses would have been greater without rulings that protected campaign spending as political free speech.” This editorial will appear in Monday’s edition of The Wall Street Journal.
“Military Judge Postpones Guilty Plea Proceedings in Sept. 11 Case; The judge asked defense and prosecution lawyers to settle on a date for the accused mastermind of the terrorist attacks to plead guilty”: Carol Rosenberg of The New York Times has this report.
“Trump Demands Republicans Allow Some Nominees to Bypass Senate; Incoming president says next GOP leader must agree to permit recess appointments to speed up filling posts”: Siobhan Hughes and Jess Bravin of The Wall Street Journal have this report.
And Mariana Alfaro of The Washington Post reports that “Trump, allies signal they will try to call the shots for Republican-led Senate; President-elect Donald Trump on Sunday demanded that the next Senate GOP leader allow him to make appointments to his administration and the courts without Senate approval.”
“Judicial Notice (11.10.24): Trumpworld; White House counsel contenders, SCOTUS retirement speculation, Project Veritas v. CNN, and optimism about M&A work.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Justice Sonia Sotomayor Is Expected to Remain on Supreme Court; Some liberal activists have called for the 70-year-old Obama appointee to retire before Trump can fill her seat”: Jess Bravin of The Wall Street Journal has this report.
“Trump has shaped the Supreme Court, but it could still hinder his agenda; Although the court has three Trump appointees as part of its 6-3 conservative majority, it has not always ruled for him and could push back on expansive uses of executive power”: Lawrence Hurley of NBC News has this report.
“Trump’s Back, This Time Without Guardrails. Can anything be done to mitigate MAGA’s harms the second time around?” You can access today’s new episode of Slate’s “Amicus” podcast via this link.
“Abortion Rights Initiatives Keep Winning. It Might Not Matter.” Law professor Mary Ziegler has this Jurisprudence essay online at Slate.
“Trump’s election sparks speculation and infighting over future Supreme Court vacancies”: John Fritze and Paula Reid of CNN have this report.
“What Donald Trump’s Victory Means for the Supreme Court; Special 2024 elections edition”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“It Is Too Late For a ‘Should Sotomayor Retire?’ Discourse; The time for Senate Democrats to worry about the future of the Supreme Court was well before a devastating election loss that will lock them out of power for the next four years”: Jay Willis has this essay online at Balls and Strikes.
“Trump wants to expand the federal death penalty, setting up legal challenges in second term; The president-elect ramped up executions in his first term; He has since suggested putting to death human and drug traffickers and migrants who kill U.S. citizens”: Erik Ortiz of NBC News has this report.
“Three nominated for upcoming vacancy on Alaska Supreme Court; Gov. Mike Dunleavy will have 45 days to make a final selection that will make the court majority female for the first time”: James Brooks of Alaska Beacon has this report.
“As Trump grasps unprecedented power, the Supreme Court’s decision on presidential immunity looms large”: John Fritze of CNN has this report.
“Donald Trump’s Supreme Court Majority Could Easily Rule Through 2045; Democrats failed to make the Court itself a major campaign issue, but what comes after the Dobbs decision could very well be worse, and more far-reaching”: Jane Mayer will have this article in the November 18, 2024 issue of The New Yorker.
“Leonard Leo, Trump aide Mike Davis spar over Supreme Court retirements; Jabs over whether to pressure Justices Clarence Thomas and Samuel Alito to retire could reflect a split between Trump allies and other conservative lawyers”: Justin Jouvenal of The Washington Post has this report.
And Charlie Savage, Maggie Haberman, and Jonathan Swan of The New York Times have an article headlined “Should Alito and Thomas Be Pushed to Retire? Conservatives Are Divided. Coaxing aging Supreme Court justices to give up their power and status during a window of political opportunity can be a delicate endeavor.”
“When it comes to costly engagement rings, Mass. is a no-fault state, state’s highest court rules”: John R. Ellement of The Boston Globe has this report.
Lance Reynolds of The Boston Herald reports that “Massachusetts SJC orders $70K engagement ring be returned to man in failed love story.”
Jenna Russell of The New York Times has an article headlined “A Massachusetts Couple Called Off Their Wedding. Who Keeps the $70,000 Ring? The state’s Supreme Judicial Court ruled that if wedding plans crumble, the engagement ring must be returned to the person who purchased it.”
Nate Raymond of Reuters reports that “Massachusetts would-be bride must return $70,000 ring, court rules.”
And Allie Reed of Bloomberg Law reports that “Engagement Ring Spats No Longer Pivot on Fault in Massachusetts; Ex-fiancé wants engagement ring, wedding bands returned; Couple’s engagement ended amid allegations of an affair.”
You can access today’s ruling of the Supreme Judicial Court of Massachusetts at this link.
“NC Supreme Court race could be headed to a recount. Experts say not to expect an upset. Provisional ballots have narrowed the deficit for Associate Justice Allison Riggs to roughly 8,000 votes of 5.5 million cast.” Brandon Kingdollar of NC Newsline has this report.
“Trump will name more conservative judges. He may even pick a majority of the Supreme Court. The Supreme Court doesn’t have any vacancies, but Republicans are keeping a close eye on Justices Alito and Thomas for potential retirements in Trump’s second term.” Sahil Kapur and Lawrence Hurley of NBC News have this report.
“Trump Set to Move Courts Further Right, Deepening Judicial Clout; Dozens of vacancies could open in the appeals courts that decide on pressing and far-reaching issues, from financial regulations to abortion”: Sabrina Willmer, Madlin Mekelburg, and Erik Larson of Bloomberg News have this report.
“Judge Ho Says SCOTUS Critics See Half of US’ Views as ‘Garbage’; Fifth Circuit judge seen as potential Supreme Court justice; Comments made after Trump victory in presidential race”: Jacqueline Thomsen of Bloomberg Law has this report.
“Trump’s Supreme Court Agenda Is Likely to Include Legal U-Turns; In recent years, new administrations have not been shy about disavowing positions taken by their predecessors”: Adam Liptak has this new installment of his “Sidebar” column online at The New York Times.
“After G.O.P. Wins, Senate Democrats Eye Major Push to Confirm Biden Judges; The loss of the White House and the Senate majority will end Democrats’ ability to fill judicial vacancies come January; They say they want to confirm as many as possible in the coming weeks”: Carl Hulse of The New York Times has this report.
“What Deference to the Executive in Halkbank Should Have Looked Like”: William S. Dodge has this post at the “Transnational Litigation Blog.”
“S.D. farmer’s fight with USDA over ‘puddle’ tests new era of regulatory reach”: Don Jacobson of UPI has this report on the case in which apparently every registered user of the Eighth Circuit‘s CM/ECF system yesterday was spammed with an email whose subject line read “22-2729 Arlen Foster v. U.S. Dept. of Agriculture, et al ‘Judge Order Filed sua sponte vacate opinion’ (4:21-cv-04081-RAL).”
“The last best hope for Supreme Court liberals: Amy Coney Barrett”: Joan Biskupic of CNN has this news analysis (subscription may be required for access).
“University employees lose 11th Circuit fight over sex discrimination claims; A former art professor at Augusta University and the former head women’s basketball coach at the Georgia Institute of Technology each filed complaints of discrimination and retaliation”: Megan Butler of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
“Judiciary Rejects Media Bid to Allow Cameras in Criminal Trials; Criminal rules panel voted not to change courtroom camera ban; One state court judge endorsed limited broadcasting”: Suzanne Monyak of Bloomberg Law has this report.
“CNN must face Project Veritas’ defamation lawsuit, US appeals court rules”: Jonathan Stempel of Reuters has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today.
“GOP Wins in Partisan High Court Races Has Party Mulling Tweaks; GOP sees court wins in North Carolina, Ohio with party labels; Montana lawmaker pushing to change court election ballots”: Eric Heisig of Bloomberg Law has this report.
“John Roberts Bet Big on Trump — and Won”: Mark Joseph Stern has this Jurisprudence essay online at Slate.