Programming note: On Wednesday, I am scheduled to argue an appeal before a nine-judge en banc panel of the Superior Court of Pennsylvania. This will be my second en banc oral argument before that court, but the first one in-person, as the previous one occurred via video during the Covid lockdown.
I originally argued this case before a three-judge Pa. Superior Court panel on June 26, 2024. That three-judge panel never issued a ruling. Instead, the Pa. Superior Court issued an order granting en banc review of the case on November 15, 2024.
As a result, additional posts will appear here on Wednesday night.
“Gov. Kay Ivey appoints Bill Lewis to the Alabama Supreme Court”: Anna Barrett of Alabama Reflector has this report.
And the Alabama Governor’s Office today issued a news release titled “Governor Ivey Appoints Judge Bill Lewis to Serve on Supreme Court of Alabama.”
“A Charge on Gettysburg”: You can access today’s new episode of the “Advisory Opinions” podcast via this link.
“Former Supreme Court Justice David H. Souter ’61 Remembered as ‘the Model of a Justice’”: Caroline G. Hennigan and Bradford D. Kimball of The Harvard Crimson have this report.
And at “SCOTUSblog,” Charles Barzun has a post titled “The quiet radicalism of Justice Souter.”
“Rep. Laurel Libby regains right to vote in House from Supreme Court; The nation’s highest court sides with the Republican lawmaker who was blocked from voting after she identified a transgender student athlete in a critical social media post”: Randy Billings of The Portland (Me.) Press Herald has this report.
Abbie VanSickle of The New York Times reports that “Supreme Court Orders Maine House to Restore Voting Power to Censured Lawmaker, for Now; State Representative Laurel Libby, a Republican, had been banned from voting over comments opposing transgender athletes in girls’ sports.”
Justin Jouvenal of The Washington Post reports that “Supreme Court for now overturns Maine official’s censure on trans sports; Maine lawmakers stripped voting rights from state Rep. Laurel D. Libby (R) after her online post about a transgender high school pole vaulter.”
Jan Wolfe of The Wall Street Journal reports that “Supreme Court Backs Maine Republican Censured for Transgender-Athlete Post; Justices grant emergency reprieve to state Rep. Laurel Libby, who was prohibited from voting while the punishment was in place.”
And Mark Walsh of Education Week reports that “Supreme Court Gives Relief to Maine Legislator in Transgender Sports Controversy.”
You can access today’s order of the U.S. Supreme Court at this link.
“A Supreme Court Injustice to a District Judge; Justice Alito’s dissent gets it right: James Hendrix handled the Alien Enemies Act case commendably.” Law professor Paul G. Cassell will have this op-ed in Wednesday’s edition of The Wall Street Journal.
“The Supreme Court’s Last Chance to Rein in Universal Injunctions; The measures block the enforcement of laws nationwide, making it increasingly difficult for presidents to govern”: Michael A. Fragoso has this essay online at City Journal.
“Supreme Court ruling on TPS stuns South Florida, leaves Venezuelan families in fear”: Verónica Egui Brito, Sonia Osorio, Grethel Aguila, Nora Gámez Torres, and Syra Ortiz Blanes of The Miami Herald have this report.
And Christine Armario of The Washington Post reports that “Supreme Court ruling on Venezuelans ripples through Miami’s ‘Doralzuela’; Venezuelans have long considered the Miami suburb of Doral their refuge. Trump’s immigration crackdown is calling that into question.”
“Five years after George Floyd’s death, calls to reform qualified immunity mostly fall silent; Police officers continue to benefit from the legal defense that helps them fend off civil rights claims, including allegations of using excessive force”: Lawrence Hurley of NBC News has this report.
“Justice Jay Mitchell resigns from Alabama Supreme Court to run for Attorney General in 2026”: Grayson Everett of Yellowhammer has this report.
“Liberal Chris Taylor to challenge conservative Wisconsin Supreme Court Justice Rebecca Bradley in 2026”: Alison Dirr and Molly Beck of The Milwaukee Journal Sentinel have this report.
“Who Gets to Be an American? Since the earliest days of the Republic, American citizenship has been contested, subject to the anti-democratic impulses of racism, suspicion, and paranoia.” Michael Luo has this essay online at The New Yorker.
“Justices Give Alternative Path to Block Trump Orders Nationwide; ‘Quiet bombshell’ dropped on fight over nationwide injunctions; Relief available to parties in proposed class actions”: Lydia Wheeler of Bloomberg Law has this report.
“Court Rules for Retired 7th Circuit Judge Posner in Breach-of-Contract Case; The lawsuit alleged unjust enrichment and breach of contract, accusing Posner — who served on the U.S. Court of Appeals for the Seventh Circuit — of not paying $170,000 to Brian Vukadinovich for his more than a year of work as executive director of the Posner Center of Justice for Pro Se’s”: Avalon Zoppo of The National Law Journal has this report on a decision that the U.S. District Court for the Northern District of Indiana issued yesterday.