“US Senate confirms Trump nominee Mascott to federal appeals court”: Nate Raymond of Reuters has this report.
And Tiana Headley of Bloomberg Law reports that “Trump White House Lawyer, Professor Confirmed to Third Circuit.”
You can access the roll call vote tally at this link.
“Should They Just Go Ahead and Put Up a Gold Trump Sign on the Supreme Court?” Emily Bazelon and David French have this written conversation online at The New York Times.
“Pennsylvania court tells Lower Merion it can’t use zoning to regulate how gun shops do business; A split Commonwealth Court ruled that a Lower Merion’s requirements on gun shops were preempted by state law; ‘It is a gun regulation, not a zoning regulation,’ Judge Matthew Wolf wrote”: Katie Bernard and Abraham Gutman of The Philadelphia Inquirer have this report.
You can access today’s en banc ruling of the Commonwealth Court of Pennsylvania at this link.
“Chicago Chief Judge Says US Troops Should Stay Away From Court”: Seth Stern of Bloomberg Law has this report.
“Trump Court Battles Must Continue During Shutdown, Judges Rule”: Zoe Tillman of Bloomberg News has this report.
“Bonus 182: Damages as a (Missing) Deterrent; It’s worth reflecting on how different things might look right now if federal officers — or the federal government itself — faced a meaningful specter of monetary liability for constitutional violations.” Steve Vladeck has this post at his “One First” Substack site.
“Senate Panel Advances Circuit Pick Who Drew Conservative Ire”: Tiana Headley of Bloomberg Law has a report that begins, “The Senate Judiciary Committee advanced President Donald Trump’s pick for the US Court of Appeals for the Seventh Circuit who attracted rare conservative pushback.”
“Oregon bid to block Trump’s National Guard orders hits skeptical appeals court”: Kale Williams of Axios has this report.
And the U.S. Court of Appeals for the Ninth Circuit has posted online at YouTube a video of today’s oral argument titled “25-6268 State of Oregon, et al. v. Trump, et al.“
“Presidential Bad Faith in the Law of Emergency Power; Trump’s false claims about Portland matter a great deal in evaluating the legal basis for a military deployment in Portland — and in other cities”: Bob Bauer has this post at the “Executive Functions” Substack site.
“Nixon Now Looks Restrained; The former President once made an offhand remark about Charles Manson’s guilt; The reaction shows how aberrant Donald Trump’s rhetoric is”: Ruth Marcus has this essay online at The New Yorker.
“Presidential and Judicial Political Capital: An Inverse Relationship; Why delaying Supreme Court review of Trump’s major policies might be desirable.” Dan Epps has this post at the “Divided Argument” Substack site.
“California Supreme Court Associate Justice Martin Jenkins to Retire; Associate Justice Martin J. Jenkins will retire from the California Supreme Court at the end of October after five years with the court and more than 35 years of judicial service”: Merrill Balassone of California Courts Newsroom has this report.
“Prosecutors say no harm was done by social media posts about assassination of UnitedHealthcare CEO”: Michael R. Sisak and Larry Neumeister of The Associated Press have this report.
“Retired Justice Kennedy laments coarse discourse of Trump era and its effects on the Supreme Court”: Mark Sherman of The Associated Press has this report.
“Oklahoma Supreme Court rules special legal system for businesses unconstitutional”: Dale Denwalt of The Oklahoman has this report.
And Janelle Stecklein of Oklahoma Voice reports that “High court strikes down Oklahoma business courts.”
You can access yesterday’s ruling of the Supreme Court of Oklahoma at this link.
“Court Lifts Oregon Guard Ruling, but Deployment Ban Remains”: Madlin Mekelburg of Bloomberg News has this report on an order that a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
“Supreme Court grapples with lawsuit challenging mail-in ballot rules; The question before the justices was a narrow one — whether an Illinois congressman had met the basic legal threshold to bring his lawsuit — not the law’s legality”: Justin Jouvenal of The Washington Post has this report.
“Make HHS and FDA Pro-Life Again: Approval of generic mifepristone is why I warned against RFK Jr.’s appointment.” Mike Pence has this essay online at The Wall Street Journal.
“President Trump Holds the Legal Cards on the Use of the Military in the Domestic Sphere; The protective power for the regular military, and the Insurrection Act, lie in the wings”: Jack Goldsmith has this post at the “Executive Functions” Substack site.
“The ‘Second Roberts Court’: The justices are wise to return political issues to voters and their representatives.” Columnist Barton Swaim has this essay online at The Wall Street Journal.
“The Supreme Court betrayed again — this time from the bench; Nicholas Roske brought gun, ammunition and tactical knife to justice’s home in 2022”: Mike Davis has this essay online at Fox News.
“Inside the Justice Department Where the President Calls the Shots; With an accidental social-media post, Trump showed how much had changed since his first term”: Josh Dawsey, Sadie Gurman, and Aruna Viswanatha of The Wall Street Journal have this report.
“CT inmates have no ‘established rights’ to gender-affirming care, appeals court says in reversal”: Bruno Matarazzo Jr. of CT Insider has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued Monday.
“Fragmented Fifth Circuit Partly Revives Religious Pamphlets Suit”: Mallory Culhane of Bloomberg Law has this report (subscription required for full access) on a ruling that a fragmented three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
“Trump Gets Fresh Chance to Fight Judge He Picked in Oregon”: David Voreacos and Erik Larson of Bloomberg News have this report.
“Chinese Hackers Said to Target U.S. Law Firms; Williams & Connolly, one of the nation’s most prominent law firms, told clients that its computer systems had been infiltrated and that hackers may have gained access to some client emails”: Michael S. Schmidt of The New York Times has this report.
“Reagan’s originalist revolution changed the Supreme Court forever; Meese, Rehnquist, Scalia and Bork reshaped constitutional law and restored the Founders’ intent”: Law professor Josh Blackman and John G. Malcolm have this essay online at The Washington Times.
And in yesterday’s mail, I received an advance copy of The Heritage Guide to the Constitution: Fully Revised Third Edition, for which Blackman and Malcolm served as editors.
“Judges appointed by Trump keep ruling against him. He’s not happy about it. From the National Guard to deportations, Trump has suffered numerous legal setbacks from people he put on the bench.” Kyle Cheney of Politico has this report.
“With One Damning Question, Ketanji Brown Jackson Defined the Supreme Court’s New Term”: Mark Joseph Stern has this Jurisprudence essay online at Slate.
“Judge Poised to Free Abrego Garcia if Officials Can’t Supply Deportation Plans; The judge expressed exasperation at government lawyers’ failure to answer ‘basic questions’ or produce evidence during what she called a ‘topsy-turvy, inside-out day’”: Minho Kim of The New York Times has this report.
“For Cases of Beer, the Plane Was Seized; An Alaskan bush pilot asks for help from the Supreme Court”: The Wall Street Journal has published this editorial.
“Judge in Comey case is known for sparing but powerful remarks in court; U.S. District Judge Michael S. Nachmanoff, a former public defender nominated by President Joe Biden, has a reputation as a measured jurist”: Salvador Rizzo of The Washington Post has this report.
“No, Trump Can’t Deploy Troops to Wherever He Wants”: Law professor Stephen I. Vladeck has this guest essay online at The New York Times.
“J&J Must Pay Record $966 Million in Talc Baby Powder Cancer Case”: Jef Feeley of Bloomberg News has this report.
“The Appellate Void”: Law professor Andrew Coan has posted this article online at SSRN.