“Why the Supreme Court Matters More to Republicans than Trump: Conservative justices might be the party’s final bulwark against a changing electoral landscape.” Russell Berman of The Atlantic has this report today.
“Race bias in the jury room: what’s the solution?” Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.
“Do Counterterrorism Lawsuits Stand a Chance in Court? A group of non-citizens detained after the 9/11 terrorist attacks claim officials violated their constitutional rights, but the result in the case isn’t likely to be in their favor.” Law professor Garrett Epps has this essay online today at The Atlantic.
“SCOTUS: The Dangerous Empty Seat; ‘The future of the Supreme Court is at stake on Nov. 8.'” Donald Verrilli has this essay online at Time magazine.
In addition, law professor Laurence Tribe has an essay titled “The SCOTUS Vote: Our decisions could reverberate for decades.”
And Nan Aron has an essay titled “Vote on Federal Courts: ‘The next president will set the character and caliber of scores of appointees.’”
“Breaking Down Arguments in Samsung v. Apple”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
“Mike Lee explains why the GOP will block Garland even if Clinton wins”: James Hohmann of The Washington Post has this report.
“An independent U.S. agency’s independence gets it into trouble”: Lyle Denniston has this post today at the “Constitution Daily” blog of the National Constitution Center.
And at “The Volokh Conspiracy,” Stuart Benjamin has a post titled “D.C. Circuit buries Supreme Court precedent.”
“Paterson council rejects $1.6M deal in US Supreme Court case on campaign sign”: Joe Malinconico has this front page article in today’s edition of The Record of Hackensack, New Jersey.
“The Supreme Court Debates Juror Bias: And Samuel Alito complains about oversensitive PC college students.” Mark Joseph Stern has this Supreme Court dispatch online at Slate.
“Two years later, few Hobby Lobby copycats emerge”: Jennifer Haberkorn of Politico.com has this report.
“In major decision, 10th Circuit rules Wyoming can’t force BLM to remove wild horses”: Arno Rosenfeld of The Caspar Star Tribune has this report.
And Tom McGhee of The Denver Post reports that “Federal appeals court in Denver dismisses lawsuit calling for wild horse roundup in Wyoming; Wyoming sued the BLM, saying it failed to keep wild horses within certain range land.”
You can access Tuesday’s ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Immigrants categorized as “habitual drunkards” may have rejoiced too soon, as the Ninth Circuit yesterday granted rehearing en banc, vacating recent panel victory: You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.
My earlier coverage of the original divided three-judge Ninth Circuit panel’s ruling in the case can be accessed here.
“New hope for undocumented immigrants: DAPA might not be dead — a bold legal strategy could protect millions from deportation; A series of legal end runs may succeed in restoring Obama’s protections for millions of undocumented immigrants.” Daniel Denvir of Salon.com has this report.
Eighth Circuit panel reverses course, ordering that Missouri Department of Corrections need not reveal information regarding use of pentobarbital in executions, including the identity of its anonymous supplier: You can access today’s per curiam ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
Update: In early news coverage, The Associated Press reports that “Court reversal shields Missouri’s execution drug provider.”
“Death sentence overturned for Cleveland man convicted in 1985 murder”: Eric Heisig has this front page article in today’s edition of The Cleveland Plain Dealer.
And The Associated Press reports that “Appeals court overturns death sentence in 1985 Ohio slaying.”
You can access yesterday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
Duke Law School’s Appellate Litigation Clinic wins Third Circuit RFRA appeal on behalf of federal prison inmate: You can access Tuesday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Duke Law previously issued a news release about the case titled “Taylor ’16 argues federal appeal in Third Circuit.”
“Abbott and Costello Heirs Lose Appeal Over Broadway Play’s Use of ‘Who’s on First’ Routine; ‘Hand of God’ producers beat lawsuit — not because of fair use, but because the heirs haven’t demonstrated ownership of a valid copyright”: Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Second Circuit issued on Tuesday.
“Supreme Court deals blow to out-of-state companies on taxes”: Bob Egelko of The San Francisco Chronicle has this report.
“The D.C. Circuit’s gratuitous ruling on CFPB constitutionality”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Clinton’s vow to push Supreme Court left galvanizes conservatives wary of Trump”: S.A. Miller of The Washington Times has this report.
“Let’s Legislate From the Supreme Court Bench”: Linda Greenhouse has this essay online today at The New York Times.
“Supreme Court justices question big verdict against Samsung for copying Apple’s iPhone”: David G. Savage of The Los Angeles Times has this report.
And Richard Wolf of USA Today reports that “Justices lean to Samsung in smartphone design dispute with Apple.”
“Supreme Court Weighs Bias and Secrecy in Jury Deliberations”: Adam Liptak has this article in today’s edition of The New York Times.
In today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court hears case concerning biased comments in jury room.”
Jess Bravin of The Wall Street Journal reports that “Supreme Court Weighs Bias Claims in Murder Trial; Justices hear arguments over whether expert witness’s racial comments undermined African-American man’s sentencing.”
And Richard Wolf of USA Today reports that “Justices divided over jury racism, privacy.”
“Case Accusing Bush Officials of 9/11 Abuses Heads to Supreme Court”: Adam Liptak has this article in today’s edition of The New York Times.
In today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court to consider lawsuit against former attorney general Ashcroft.”
Josh Gerstein of Politico.com has a blog post titled “Six-justice SCOTUS could decide cases on post-9/11 detentions.”
And at the “Constitution Daily” blog of the National Constitution Center, Lyle Denniston has a post titled “Webster Bivens’ story — an update after a half-century.”
“Supreme Court to decide whether U.S. Border Patrol agent can be sued for shooting Mexican teenager”: David G. Savage of The Los Angeles Times has this report.
“Divided We Stand: Is obstructionism the new normal?” Tracy Schorn has this article in the October 2016 issue of Washington Lawyer, a publication of the DC Bar.
Charlie Rose interviews Justice Ruth Bader Ginsburg: You can view the interview online in two parts: part one and part two.
“The Consumer Protection Agency Is Unusual. It’s Not Unconstitutional.” Law professor Cass R. Sunstein has this essay online at Bloomberg View.
Online at The Los Angeles Times, business columnist Michael Hiltzik has an essay titled “A conservative federal judge takes an overheated slap at the Consumer Financial Protection Bureau.”
And at the “Notice & Comment” blog of the Yale Journal on Regulation, Aaron Nielson has a post yesterday titled “D.C. Circuit Review — Reviewed: A Primer on Today’s CFPB Decision.”
“What a Court Got Wrong About Dreadlocks and Race”: Law professor Noah Feldman has this essay online at Bloomberg View.
“Bloomberg Law: Former Solicitor General Don Verrilli.” Donald Verrilli speaks with Greg Stohr and June Grasso in a podcast you can access via this link.
“Adelson sighting could ‘implicate’ Markel’s ex”: Sean Rossman has this front page article in today’s edition of The Tallahassee Democrat. In addition, Rossman has an article headlined “No bond for Katherine Magbanua in Markel killing.”
And Karl Etters of The Tallahassee Democrat has articles headlined “Wendi Adelson’s attorney questions Rivera’s credibility” and “Rivera: ‘We were coming up here to kill somebody.’”
“Death sentence in doubt?” In today’s edition of The Oklahoman, Chris Casteel has a front page article that begins, “The U.S. Supreme Court on Tuesday ordered a new review of the death sentence given to an Oklahoma man convicted of killing a woman and her two children.”
Also in today’s edition of The Oklahoman, Nolan Clay has a front page article headlined “Some death row inmates have been executed despite same error in their cases; one resentenced to life.”
“Ruth Bader Ginsburg Was Never Really ‘Notorious RBG’: Her attacks on Colin Kaepernick dispel that myth once and for all.” Mark Joseph Stern has this jurisprudence essay online at Slate.
“Social Conservatives’ Legal Juggernaut”: Patrick Gregory of Bloomberg Law has this report.
In today’s mail: I received a copy of law professor Josh Blackman‘s new book, “Unraveled: Obamacare, Religious Liberty, and Executive Power.” I’m reliably advised that this blog is mentioned at least twice in the book.