“The Solicitor General Embraces Judicial Supremacy; He had to for his argument against universal injunctions to work”: Jack Goldsmith has this post at the “Executive Functions” Substack site.
Posted at 4:34 PM by Howard Bashman|
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Friday, May 16, 2025
“The Solicitor General Embraces Judicial Supremacy; He had to for his argument against universal injunctions to work”: Jack Goldsmith has this post at the “Executive Functions” Substack site. Posted at 4:34 PM by Howard Bashman“Supreme Court Retains Temporary Block on Using Wartime Law to Deport Venezuelans; The justices sent the case back to a lower court to consider whether the Alien Enemies Act can be used to deport immigrants accused of being members of the Venezuelan gang”: Abbie VanSickle of The New York Times has this report. You can access today’s 7-to-2 per curiam decision of the U.S. Supreme Court at this link. Posted at 4:32 PM by Howard Bashman“I Have Found Yet Another Thing to Disagree With John Roberts About; There is no meaningful criticism of the Supreme Court that he’d consider legitimate”: Jay Willis has this post at his “Balls & Strikes” Substack site. Posted at 4:23 PM by Howard Bashman“Conservative justices object to how lower courts are blocking Trump, but birthright citizenship case presents deeper issues”: Joan Biskupic of CNN has this news analysis. Posted at 1:17 PM by Howard BashmanThursday, May 15, 2025
“Justice Allison Riggs sworn in after six-month election battle with GOP challenger”: Luciana Perez Uribe Guinassi and Kyle Ingram of The News & Observer of Raleigh, North Carolina have this report. Posted at 8:58 PM by Howard Bashman“The Abrego Garcia Boomerang at the Supreme Court; The Justices express some frustration over Justice Department candor as they hear the birthright citizenship case”: This editorial will appear in Friday’s edition of The Wall Street Journal. Posted at 8:42 PM by Howard Bashman“Supreme Court Wrestles With Limiting Judges’ Power in Birthright Citizenship Case; The justices heard arguments on whether a federal judge in a single district can block Trump administration policy across the country”: Abbie VanSickle of The New York Times has this report. David G. Savage of The Los Angeles Times reports that “Justices skeptical of Trump plan to limit birthright citizenship and judges who blocked it.” And Jess Bravin and Mariah Timms of The Wall Street Journal reports that “Supreme Court Puzzles Over Trump’s Decree to Limit Birthright Citizenship; Justices question whether nationwide injunctions against the White House are appropriate, even if its policy is unconstitutional.” Posted at 8:39 PM by Howard Bashman“Ed Martin publicizes ethics probe he says was wrongly disclosed; The former D.C. U.S. attorney nominee revealed he faces a legal disciplinary review in an all-office goodbye email, while claiming his confidentiality was violated”: Spencer S. Hsu of The Washington Post has this report. And Ryan J. Reilly of NBC News reports that “Trump’s ‘weaponization’ chief accuses D.C. disciplinary counsel investigating him of weaponization; Ed Martin, the outgoing interim U.S. attorney for the District of Columbia, revealed he was under investigation by D.C.’s Office of Disciplinary Counsel.” Posted at 8:34 PM by Howard Bashman“Supreme Court Rejects ‘Moment of Threat’ Limit in Excessive Force Suits; Lower courts had been divided over whether judges must limit their scrutiny of challenges to police shootings to the seconds preceding them”: Adam Liptak of The New York Times has this report. Justin Jouvenal of The Washington Post reports that “Supreme Court rules totality of circumstances must be considered in police shootings; The Supreme Court ruled that the totality of circumstances must be considered when determining whether a police shooting is justified, not just the seconds before an officer opens fire.” And Maureen Groppe of USA Today reports that “Supreme Court revives suit against cop who fatally shot driver stopped for unpaid tolls.” Posted at 8:30 PM by Howard Bashman“Supreme Court appears skeptical of allowing Trump to implement birthright citizenship plan; The court is considering whether to allow the proposal to go into effect at least in some parts of the country while litigation continues in lower courts”: Lawrence Hurley of NBC News has this report. Posted at 4:24 PM by Howard Bashman“Supreme Court Understands the Assignment on Birthright Citizenship; The justices appear to recognize that judges need tools to stop President Trump’s unlawful executive orders”: Law professor Noah Feldman has this essay online at Bloomberg Opinion. Posted at 4:18 PM by Howard Bashman“Larry L. Turner, celebrated Philadelphia attorney and education advocate, has died at 65; He was inspired to pursue a legal career by former Supreme Court Justice Thurgood Marshall and TV attorney Perry Mason.;’I saw myself as a cross between the two,’ he said”: Gary Miles of The Philadelphia Inquirer has written this obituary. Posted at 3:18 PM by Howard Bashman“Trump Solicitor General Hedges on Always Following Court Orders; Circuit precedent isn’t binding ‘necessarily in every case’; Executive doesn’t have to follow unlawful court orders, several officials have said”: Kimberly Strawbridge Robinson of Bloomberg Law has this report. Posted at 2:32 PM by Howard Bashman“Justice David Souter Was the Antithesis of the Present; His jurisprudence has been overshadowed by that of his showier colleagues but was a model of principled restraint”: Law professor Jeannie Suk Gersen has this essay online at The New Yorker. Posted at 2:08 PM by Howard Bashman“The 20th Century’s Timeless Values: Growing up in the postwar years, I learned to prize education, civil rights and the rule of law.” Stephen Breyer has this essay online at The Wall Street Journal. Posted at 2:06 PM by Howard Bashman“Supreme Court grapples with nationwide orders blocking birthright citizenship ban; The Supreme Court appeared divided about whether to scale back nationwide orders that have blocked President Donald Trump’s ban on birthright citizenship”: Ann E. Marimow of The Washington Post has this report. And Stephen Dinan and Alex Swoyer of The Washington Times report that “Trump’s birthright citizenship order strains Supreme Court.” Posted at 2:04 PM by Howard Bashman“Supreme Court Hears Birthright Citizenship Case”: C-SPAN has posted this video on YouTube. Posted at 2:00 PM by Howard Bashman“In Birthright Citizenship Case, Supreme Court Examines the Power of District Judges; The Supreme Court will hear arguments on whether federal judges can block Trump administration policy across the country”: Abbie VanSickle of The New York Times has this report. On today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment titled “Supreme Court to hear arguments on birthright citizenship.” And online at Politico Magazine, you can access an item titled “‘A Moral, Ethical, Legal, Constitutional Travesty’: As the Supreme Court considers a nationwide injunction blocking Trump’s move to end birthright citizenship, two legal scholars debate whether lower court judges should be able to stop him.” Posted at 8:27 AM by Howard BashmanWednesday, May 14, 2025
“At Supreme Court, a Once-Fringe Birthright Citizenship Theory Takes the Spotlight; Before the Trump presidency, there was broad consensus that the 14th Amendment established birthright citizenship for children born in the United States”: Abbie VanSickle of The New York Times has this report. And in commentary, Thursday’s edition of The Wall Street Journal will contain an editorial titled “Birthright Citizenship Reaches the Supreme Court; Does the 14th Amendment cover illegal aliens, and are national injunctions abused?“ Posted at 9:30 PM by Howard Bashman“House lawmakers spar over impeachments, framing judiciary as ‘wayward’ or ‘essence’ of balance; The head of the federal judiciary’s administrative office warned budget-conscious congressional appropriators that courts need a dramatic boost in security spending to deal with proliferating threats”: Benjamin S. Weiss of Courthouse News Service has this report. Posted at 8:26 PM by Howard Bashman“Texas Burn Victim Gets Samsung Suit Reinstated by Fifth Circuit; Business contracts constituted purposeful availment for case; Notion that commercial market and consumer one differed failed”: Shweta Watwe of Bloomberg Law has this report (subscription required for full access) on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today. Posted at 8:21 PM by Howard Bashman“Trump Isn’t Attacking Universal Injunctions. He’s Attacking Universal Rights. In Trump v. CASA, the administration is asking the Supreme Court for a backdoor way to override the constitutional guarantee of birthright citizenship.” Madiba K. Dennie has this essay online at Balls and Strikes. Posted at 5:02 PM by Howard Bashman“Two Supreme Court Justices Invited an All-Out Assault on the Voting Rights Act. Now It’s Here.” Law professor Richard L. Hasen has this Jurisprudence essay online at Slate. Posted at 4:52 PM by Howard Bashman“Eighth Circuit, on 2-1 Vote, Holds Private Plaintiffs Cannot Enforce Section 2 of the Voting Rights Act through a Section 1983 Action, a Ruling Which if Applied Nationally Would Devastate Voting Rights Act Enforcement in the United States”: Rick Hasen has this post at his “Election Law Blog” about a decision that a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued today. Posted at 3:14 PM by Howard Bashman“Domestic Violence Misdemeanors May Lead to Ban on Gun Possession; Law is facially constitutional under recent SCOTUS precedent; US has history of disarming those who pose threat to safety”: Bernie Pazanowski of Bloomberg Law has this report (subscription required for full access) on a ruling that a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today. Update: In other coverage, Joe Dodson of Courthouse News Service reports that “Fourth Circuit upholds firearms ban for domestic violence offenders; The three-judge panel found the statute fits with the historical tradition of preventing individuals who threaten physical harm to others from misusing firearms.” Posted at 3:07 PM by Howard Bashman“SC Supreme Court upholds state’s six-week abortion ban”: Anna Wilder of The Post & Courier of Charleston, South Carolina has this report. Joseph Bustos of The State of Columbia, South Carolina reports that “SC Supreme Court rules on when fetal heartbeat abortion restrictions begin.” And Jeffrey Collins of The Associated Press reports that “South Carolina Supreme Court decides heartbeat definition allows six-week abortion ban.” You can access today’s ruling of the Supreme Court of South Carolina at this link. Posted at 3:02 PM by Howard Bashman“Trump Pushes Supreme Court to Undercut the Judges Who Thwart Him”: Greg Stohr of Bloomberg News has this report. And Kimberly Strawbridge Robinson of Bloomberg Law reports that “Trump Birthright Merits Are Key to Justices’ Look at Injunctions; Justices to consider scope of relief in birthright citizenship suit; Order seeks to change century-old understanding.” Posted at 2:54 PM by Howard Bashman“It’s Time for the Supreme Court to Kill Nationwide Injunctions”: Law professor Robert Luther III has this essay online at Bloomberg Law. Posted at 2:46 PM by Howard Bashman“150. The State of Play in the Alien Enemy Act Litigation: A series of outwardly inconsistent developments in different courts in the Alien Enemy Act cases underscores the difficulties that litigants challenging Trump policies face without nationwide relief.” Steve Vladeck has this post at his “One First” Substack site. Posted at 2:44 PM by Howard BashmanTuesday, May 13, 2025
“Remembering David Souter: Recollections of a true gentleman.” Mark Movsesian has this post at “The Volokh Conspiracy.” Posted at 10:12 PM by Howard Bashman“His great-grandfather enshrined birthright citizenship. Norman Wong is trying to save it. Wong has assumed the role of living testament to the multigenerational fight for American citizenship at a time when fundamental values are again under threat.” David Nakamura of The Washington Post has this report. Posted at 10:05 PM by Howard Bashman“Boy Scouts Beat Bankruptcy Plan Appeal Over Liability Shield; Boy Scouts’ historic abuse settlement survives court appeal; Controversial bankruptcy plan unaffected by Purdue case”: Alex Wolf of Bloomberg Law has this report. And Alexandra Jones of Courthouse News Service reports that “Third Circuit rejects sex abuse victims appeal of Boy Scouts bankruptcy deal; Lamenting that no amount of money could ever outweigh ‘the abuse claimants have suffered,’ the court shot down the appeal of a small fraction of sexual abuse victims who appealed the plan’s terms.” You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link. Posted at 9:52 PM by Howard Bashman“Trump’s Habeas Corpus Threat: No president, even Lincoln, has ever suspended the writ without Congress.” Columnist William A. Galston will have this op-ed in Wednesday’s edition of The Wall Street Journal. Posted at 9:40 PM by Howard Bashman“Trump’s First Judicial Nomination Would Replace a Union-Side Labor Lawyer with a Baby Alito; That ‘deal’ Senate Democrats made during the lame-duck session is looking worse by the day”: Jenny Hunter has this essay online at Balls and Strikes. Posted at 3:10 PM by Howard Bashman“The Universal Injunction Cases, Part 4: The Court’s Options.” Samuel Bray has this post at the “Divided Argument” Substack site. Posted at 3:03 PM by Howard Bashman |
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