“The Eight-Figure Talent Race for Supreme Court Lawyers; Firms are dangling large pay packages to lure stars who can elevate their stature”: C. Ryan Barber and Erin Mulvaney of The Wall Street Journal have this report.
“French Interlude: Judicial appointments in the Fifth Republic.” Ed Whelan has this new installment of his “Confirmation Tales” Substack site.
“Aftershocks from ‘The Shadow Papers’; Publication of a trove of confidential Supreme Court memos ignited debates in the legal academy”: Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.
“Public support for SCOTUS slips in Trump’s second term; Despite supporting the high court’s decision to block a major policy priority for the president, polling shows Americans still view the Supreme Court as playing defense in hopes of avoiding a constitutional crisis”: Kelsey Reichmann of Courthouse News Service has this report.
“Paul Clement Will Argue for Trump-Targeted Law Firms Next Month”: Justin Henry of Bloomberg Law has this report.
“Justice Brett Kavanaugh: Keynote Conversation.” The Center for the Constitution and the Catholic Intellectual Tradition has posted this video on YouTube.
“Elizabeth Prelogar’s Unexpected and Unusual Argument; The former Solicitor General did not sign any briefs but somehow popped up on the docket and argued the case”: Josh Blackman has this post at “The Volokh Conspiracy.”
“Two Litigation Partners Depart Paul Weiss; Kannon Shanmugam and Masha Hansford are the latest in a string of litigators who have left the influential New York law firm”: Jessica Silver-Greenberg and Michael S. Schmidt of The New York Times have this report.
Meghan Tribe of Bloomberg Law reports that “Top Paul Weiss Litigator Shanmugam Bolts for Rival Davis Polk.”:
And Mike Scarcella of Reuters reports that “Supreme Court lawyers leave law firm Paul Weiss for Davis Polk.”
“R.I. grandparents will not be granted visits with their granddaughter after judge dismisses their case; ‘This was a tragic case,’ said Judge Felix Gill, adding that although he believed visits would be in the girl’s best interests, a secret recording guided his decision”: Amanda Milkovits of The Boston Globe has this report.
“Originalist Judges Are Spitting On the Constitution and Think You Won’t Notice; A law in Texas requires every public school to display the Ten Commandments in every single classroom; No problem, says the Fifth Circuit”: Jay Willis has this post online at his “Balls & Strikes” Substack site.
“Bonus 221: Sanewashing the Emergency Docket; Criticisms of the New York Times’ Clean Power Plan scoop are ignoring/deflecting from the alarming evidence it provides that the Supreme Court treats Democratic presidents differently from Republicans.” Steve Vladeck has this post at his “One First” Substack site.
And at the “Divided Argument” Substack site, William Baude and Richard M Re have a post titled “Misunderstanding the Law of the Clean Power Plan Ruling; clarifying irreparable injury.”
“New Alito book reveals details on Jan. 6 case, flag controversy; New books about Alito are being published after much speculation about when the conservative justice might retire”: Maureen Groppe of USA Today has this report.
“Chapman on Indoctrinating Thy Neighbor; Assessing Nathan v. Alamo Heights Independent School District”: Nathan Chapman has this guest post at the “Divided Argument” Substack site.
“SCOTUSblog” launches redesign: Featuring a new font (Century Schoolbook, perhaps?) and a new typesize (which I will describe as teeny-tiny). You can see for yourself here.
“Supreme Court Finds Soldier Injured in Suicide Bombing Can Sue; An American soldier was injured in a 2016 suicide bombing in Afghanistan; The justices cleared the way for the soldier to proceed with a lawsuit against a military contractor”: Abbie VanSickle of The New York Times has this report.
Justin Jouvenal of The Washington Post reports that “Supreme Court allows soldier to sue contractor over suicide bombing; The ruling will make it easier for troops hurt in combat zones to win damages as contractors become a larger part of military operations around the world.”
And Megan Butler of Courthouse News Service reports that “Justices say military contractor can be sued over Taliban attack; The former Army specialist pushing to hold Fluor Corporation accountable was one of more than a dozen soldiers seriously injured during a 2016 suicide bombing at Bagram Airfield.”
“11th Circuit shoots down challenge to machine gun ban; The federal government maintained the Second Amendment does not cover machine guns or the machine gun conversion device that led to a two-year prison sentence for a Fort Lauderdale man”: Alex Pickett of Courthouse News Service has this report.
Chief Judge William H. Pryor Jr. wrote yesterday’s decision of the U.S. Court of Appeals for the Eleventh Circuit on behalf of a unanimous three-judge panel.
“Hyatt’s $71 Million Tax Assessment Bounced Back to Tax Court”: Tristan Navera and Perry Cooper of Bloomberg Law have this report (subscription required for full access).
You can access today’s decision of the U.S. Court of Appeals for the Seventh Circuit at this link.
“The Constitution doesn’t make an exception for misusing police powers; Innocent people harmed in law enforcement raids deserve restitution”: Columnist George F. Will has this essay online at The Washington Post.
“Philip Morris Must Pay $56 Million in Wrongful Death Suit”: Mallory Culhane of Bloomberg Law has this report on a decision that the Supreme Judicial Court of Massachusetts issued today.
“How Americans developed an unhealthy relationship with the Supreme Court”: Sarah Isgur is Megan McArdle’s guest on today’s new episode of the “Reasonably Optimistic” podcast from The Washington Post.
“The Justices Seem Unhappy — and the Emergency Docket Is a Factor”: David Lat has this new installment of his “Exclusive Jurisdiction” column online at Bloomberg Law.
“Former Supreme Court Justice Breyer Says Public Schools Are Essential to Democracy at HGSE Forum”: Mahpara Faatin of The Harvard Crimson has this report.
And Jordan Fischer of Bloomberg Law reports that “Breyer Defends Supreme Court as Shadow Docket Scrutiny Grows.”
“Trump unleashes on conservative Supreme Court justices: ‘Weak, stupid, and bad!’” Lauren Sforza of NJ Advance Media has this report.
Andrew Feinberg of The Independent (UK) reports that “Trump singles out Supreme Court Justice Ketanji Brown Jackson as ‘low IQ’ in latest slur against prominent person of color; Trump often uses the ‘low IQ’ insult to describe non-white individuals with whom he has clashed.”
And Justin Wise of Bloomberg Law reports that “Trump Labels Justice Jackson ‘Low IQ’ in Latest Court Attack.”
You can view the posts here and here.
“Thou Shalt Not Overturn Supreme Court Precedent”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Key Defense Lawyers for Trump to Leave Sullivan & Cromwell for Rival Firm; Jeffrey Wall and Morgan Ratner, both leaders in the firm’s appellate and Supreme Court practice group, will join Gibson Dunn”: C. Ryan Barber and Erin Mulvaney of The Wall Street Journal have this report.
Wall and Ratner’s deep knowledge of admiralty choice-of-law principles is proving to be quite marketable.
“Tax Code’s Home Distilling Ban Is Lawful, Appeals Court Says”: James Matheson of Bloomberg Law has this report (subscription required for full access) on a decision that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today.
“5th Circuit allows Texas to require Ten Commandments in classrooms; The ruling sets up a likely Supreme Court battle over whether the Texas law violates the constitutional separation of church and state”: Laura Meckler of The Washington Post has this report.
Louis Casiano of Fox News reports that “Federal court upholds Texas law requiring Ten Commandments in public classrooms; A federal appeals court has upheld a Texas law requiring public schools to display the Ten Commandments, ruling the mandate a constitutional.”
And Jacqueline Thomsen of Bloomberg News reports that “Split Fifth Circuit OKs Texas Ten Commandments in Classroom Law.”
You can access today’s 9-to-8 en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
“Some Thoughts on John Eastman’s Disbarment”: Brad Wendel has this post at his Substack site, “Legal Ethics Stuff.”
“How to Deliberate on the Shadow Docket; Or, Are Critics Seeing Shadows?” Richard M Re has this post at the “Divided Argument” Substack site.
“The Shadow Docket Is John Roberts’ Disappointing Legacy”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Justices to Hear Case on Catholic Preschools That Reject Children of Gay Parents; Catholic preschools in Colorado that decline to enroll families with L.G.B.T.Q. children or parents sued to participate in a state-funded program”: Ann E. Marimow of The New York Times has this report.
Julian Mark of The Washington Post reports that “Supreme Court to review Catholic preschools’ bid for LGBTQ exemption; The Colorado schools say they’re being excluded from funding because of their denial of enrollment to children of LGBTQ parents, which the state deems discriminatory.”
And Steve Garrison of Courthouse News Service reports that “Supreme Court takes up religious freedom case from Colorado preschools; Catholic school administrators in Colorado argue they shouldn’t be required to admit LGBTQ+ families in order to receive state funding.”
“Building Bridges: Disagreement by Design; A Conversation with Justice Amy Coney Barrett.” The Crystal Bridges Museum of American Art has posted this event notice online.
“Supreme Court Voices Little Interest in More Curbs on SEC”: Greg Stohr of Bloomberg News has this report.
“The Trump Administration Is Coming After Birth Control Access in a Terrifying New Way”: Jill Filipovic has this guest essay online at The New York Times.
“Distilling Down the Commerce Clause; An 1868 moonshine ban could be an opening for the Supreme Court”: This editorial will appear in Tuesday’s edition of The Wall Street Journal.