“Public opinion, credible threats, and the Fezzik Principle; History (and The Princess Bride) shows how to bring the Supreme Court into line with the American people”: Jesse Wegman has this post at his “Major Questions” Substack site.
“The Most Offensive Thing a Supreme Court Justice Can Do Is Be Honest About the Supreme Court; The legal profession has no problem with Clarence Thomas publicly railing against the evils of progressivism, as long as he doesn’t mention any colleagues by name”: Jay Willis has this post at his “Balls & Strikes” Substack site.
“Sniping by justices underscores tension over Supreme Court’s ‘shadow docket’”: John Fritze of CNN has this report.
“Stakes high as supreme court set to rule on law involving Monsanto’s weed-killing pesticide; Risks from cancer and other diseases could be hidden with little accountability if justices favor big firms, critics warn”: Carey Gillam of The Guardian has this report.
“The Shocking Secrets of Madison Square Garden’s Surveillance Machine; Famously vengeful Knicks owner Jim Dolan has long spied on people at his iconic arenas; WIRED goes deep inside the operation that allegedly tracked a trans woman, lawyers, protesters, and more”: Noah Shachtman and Robert Silverman of Wired have this report.
“Supreme Court Repudiates Sotomayor Ruling Against Firefighters; Ricci v. DeStefano, Part 3”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“Clarence Thomas Can’t Get American History Right; In his recent broadside against the twentieth century, the justice is as ill informed as he is mean-spirited”: Matt Ford has this essay online at The New Republic.
“The Maduro Case Needs a New Judge”: Elie Honig has this post at the “Intelligencer” blog of New York magazine.
“Trump administration deepens quest to stamp out the events of Jan. 6; In his second term, the president has doubled down on efforts to reframe public perception of the 2021 attack on the U.S. Capitol, in court and beyond”: Mark Berman of The Washington Post has this report.
“Neomi Rao Understands What It Means to Be a Trump Judge; For conservative judges with Supreme Court aspirations, nothing is more important than reminding the president what you are willing to do for him”: Madiba K. Dennie has this essay online at Balls and Strikes.
“Two Magicians Warn the Supreme Court About Junk Science; Penn & Teller filed a Supreme Court brief questioning the use of ‘investigative hypnosis’ in a death-penalty case in Texas”: Adam Liptak has this new installment of his “The Docket” newsletter online today at The New York Times.
“Trump-Appointed Judges Rebuke Denial of Covid-19 Bias Rehearing”: Quinn Wilson of Bloomberg Law has this report (subscription required for full access).
You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit, and the dissents therefrom, at this link.
“How the Supreme Court Defeated Trump: A conservative court watcher explains why the president has failed to bend the judicial branch to his will.” Online at The New York Times, Sarah Isgur is the guest on today’s new episode of Ross Douthat’s “Interesting Times” podcast.
And at the “Executive Functions” Substack site, Isgur joined Jack Goldsmith for a discussion titled “The Last Branch Standing: Sarah Isgur on the Supreme Court and Executive Power.”
“Ninth Circuit Orders Rehearing of California Open-Carry Gun Case”: Maia Spoto of Bloomberg Law has this report (subscription required for full access).
You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit at this link.
“I Almost Never Predict Supreme Court Outcomes. Trump Will Lose This Case.” Linda Greenhouse has this guest essay online at The New York Times.
“U.S. Supreme Court Justice Ketanji Brown Jackson Delivers James A. Thomas Lecture”: Yale Law School has this report.
You can access video of the event via this link.
In news coverage, Josh Gerstein of Politico reports that “Justice Ketanji Brown Jackson slams Supreme Court’s emergency docket actions; Jackson faulted her fellow justices for often forcing the public and lower-court judges to rely on ‘scratch-paper musings.’”
And Jordan Fischer and Justin Wise of Bloomberg Law report that “Jackson Says Court’s Emergency Orders Risk ‘Zombie’ Proceedings.”
“Key Senator Says Any AG Pick Who Backed Jan. 6 ‘Dead on Arrival’”: Suzanne Monyak of Bloomberg Law has this report.
“US judicial panel scraps key provision in amicus brief disclosure rule”: Nate Raymond of Reuters has this report.
And Jacqueline Thomsen of Bloomberg Law reports that “Judicial Panel Trims Amicus Rule Change After Privacy Worries.”
“Former Trump lawyer John Eastman disbarred for trying to overturn 2020 election”: Andrew J. Campa of The Los Angeles Times has this report.
Kyle Cheney of Politico reports that “John Eastman loses his law license in California over 2020 election scheme; Eastman helped architect Trump’s legal effort to block Joe Biden’s 2020 victory.”
The “At the Lectern” blog has a post titled “California Supreme Court disbars President Trump’s lawyer, John Eastman.”
And in commentary, online at Fox News, Mike Davis has an essay titled “California’s highest court disgraces itself by upholding disbarment of John Eastman; Constitutional scholar Eastman committed no crime and Jeff Clark faces a similar fight in DC.”
“Conservative Judges’ Early Hiring Fuels Two-Track Clerkship System at Harvard Law”: Sierra R. Pape and Uy B. Pham of The Harvard Crimson have this report.
“Justice Thomas Speaks in Honor of 250th Anniversary of U.S.” C-SPAN has posted this video online.
In news coverage, Devin Dwyer of ABC News reports that “Supreme Court Justice Clarence Thomas blasts progressivism as threat to America; He said values in the Declaration of Independence have ‘fallen out of favor.’”
Breanne Deppisch of Fox News reports that “Justice Thomas warns progressivism is a threat to America in rare public remarks; Thomas’s remarks urged young people to have courage and stand up for their ideals.”
And Ryan Autullo of Bloomberg Law reports that “Supreme Court Needs Congress to Help on AI, Clarence Thomas Says.”
“Justice Sotomayor Apologizes for Highly Personal Criticism of Justice Kavanaugh; At the University of Kansas School of Law last week, she criticized her colleague while discussing his views in an immigration-related case”: Ann E. Marimow of The New York Times has this report.
James Romoser of The Wall Street Journal reports that “Supreme Court Justice Sotomayor Issues Public Apology to Kavanaugh; Liberal justice says she regrets sharply personal criticism over immigration ruling.”
Josh Gerstein of Politico reports that “Justice Sonia Sotomayor apologizes for swipe at Kavanaugh; The Obama appointee suggested Justice Brett Kavanaugh’s upbringing left him insensitive in a case about immigration stops.”
Kelsey Reichmann of Courthouse News Service reports that “Sotomayor apologizes to Kavanaugh for ‘hurtful’ comments; The ideological wings of the high court bench have been at odds over how to handle cases on the emergency docket.”
And at his Substack site, Chris Geidner has a post titled “Why Justice Sotomayor’s apology to Justice Kavanaugh makes sense; There are just nine votes on the court, and each time they cast those votes they’re setting the rules that all of us need to live under for now; Sotomayor knows that.”
“Eighth Circuit swats challenge to Minnesota policy embracing trans athletes; A circuit judge said since Trump’s executive orders aren’t yet established law, they can’t be relied on to prove the likelihood of Title IX violations”: Ryan Luetkemeyer of Courthouse News Service has this report.
You can access today’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.
“Trump Lawyer Selected for Appeals Court Pledges Independence”: John Crawley of Bloomberg News has this report.
Nate Raymond of Reuters reports that “Senate Democrats question loyalty of Trump personal attorney nominated to judgeship.”
And in commentary, online at Balls and Strikes, Jay Willis has an essay titled “When Trump Judges Complain About ‘Woke Ideology,’ Everyone Knows What They Mean; Eighth Circuit nominee Justin Smith says he will decide cases ‘fairly and impartially’; On his LinkedIn page, he still describes himself as ‘an attorney and strategist who fights for conservative values.’”
“Fairhope protester acquitted of charges after inflatable costume arrest during anti-Trump rally”: John Sharp of Alabama Media Group has this report.
And Gabriel Tynes of Courthouse News Group reports that “Penis costume protester prevails in court; Alabama officers said the woman’s costume created a public safety threat and arrested her at an October ‘No Kings’ rally.”
“Justice Dept. Moves to Vacate Jan. 6 Convictions for Far-Right Extremists; Defending the convictions would likely have required administration officials to assert that far-right groups were acting on behalf of President Trump on Jan. 6, 2021”: Alan Feuer of The New York Times has this report.
And Salvador Rizzo, Jeremy Roebuck, and Perry Stein of The Washington Post report that “DOJ moves to undo Jan. 6 rioters’ convictions for seditious conspiracy; President Donald Trump last year commuted the prison sentences of 12 members of the Proud Boys and Oath Keepers.”
“Grassley Wants Lee or Cruz for Supreme Court if Vacancy Arises”: Lillianna Byington of Bloomberg Law has this report.
“Process to Refund Tariffs to Begin Next Week; Trade court judge says government confirmed it is on track to start processing claims for refunds of Trump’s tariffs invalidated by the Supreme Court”: Lydia Wheeler of The Wall Street Journal has this report.
And Laura Curtis of Bloomberg News reports that “Bessent Says Trump’s Tariff Rates Could Be Restored by July.”
“Appeals Court Ends Contempt Inquiry Into Deportation Flights; A federal judge’s nearly yearlong effort to investigate whether the Trump administration had violated his order had become a point of contention in the president’s battles with the courts”: Alan Feuer of The New York Times has this report.
Salvador Rizzo of The Washington Post reports that “Appeals court again blocks contempt inquiry into deportation flights; Chief U.S. District Judge James E. Boasberg of D.C. has clashed with the Trump administration over dozens of Venezuelan migrants’ ‘hasty’ removals to a prison in El Salvador.”
And Ryan Knappenberger of Courthouse News Service reports that “Judge ordered to end contempt probe over deportation flights; The majority found the Trump administration had violated neither the bench order nor the written order by U.S. District Judge James Boasberg regarding deportation flights.”
“RBG Medical Records Hacker Can’t Undo Criminal Conviction”: Mary Anne Pazanowski of Bloomberg Law has this report.
You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
“The Justice Department’s position on presidential papers is astounding; I know the Presidential Records Act well; Now the Trump administration is calling it unconstitutional”: Gary M. Stern has this essay online at The Washington Post.
“Trump Chooses His Personal Lawyers for Federal Appeals Courts”: Jacqueline Thomsen of Bloomberg Law has this report.
“Trump Refights the ‘War’ That Congress and the Burger Court ‘Waged’ Against President Nixon’s Tapes; The OLC’s opinion will frustrate, rather than extend, the dangerous cycle of presidential lawfare”: Josh Blackman has this essay online at Civitas Outlook.
“New York City’s Prohibition on Stun Guns, Tasers Survives Appeal”: Mallory Culhane of Bloomberg Law has this report (subscription required for full access).
You can access yesterday’s non-precedential decision of the U.S. Court of Appeals for the Second Circuit at this link.
“Boasberg Contempt Hearing for Noem Found on Appeal to Be ‘Abuse’”: Erik Larson of Bloomberg News has this report.
And Kyle Cheney and Josh Gerstein of Politico report that “Appeals court again blocks Boasberg contempt probe into Alien Enemies Act deportations; The ruling is a win for the administration against a judge whom the president has sought to fashion into an adversary.”
You can access today’s decision of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.