“Prosecutors Call Goldstein a Flight Risk, Financial Danger; Goldstein denies engaging in prohibited financial activity; Government concedes he may not formally own accounts”: Holly Barker of Bloomberg Law has this report.
“Justice Department’s Order to Drop Eric Adams Case Is Nonsensical; The Trump DOJ admits the decision was made without assessing the evidence against the New York City mayor”: Law professor Barbara McQuade has this essay online at Bloomberg Opinion.
“Boston Federal Court Will Randomly Assign Some National Cases; Massachusetts court will randomly assign some lawsuits against nationwide policies; Memo follows judge-shopping guidance”: Suzanne Monyak of Bloomberg Law has this report (subscription required for full access).
You can access yesterday’s order of the U.S. District Court for the District of Massachusetts at this link.
And in commentary, online at Bloomberg Law, former U.S. District Judge Paul Grimm (D. Md.) has an essay titled “Judges’ Executive Check Works Best When Politics Kept Out of It; Reforms could reduce forum shopping, boost the public’s trust.”
“Musk takes aim at law firms involved in Trump policy challenges”: Mike Scarcella of Reuters has this report.
And earlier, Theodore Schleifer of The New York Times reported that “Musk Lawyer Tries to Build a Powerhouse Firm With a Billionaire Client; Donors with ties to Elon Musk have grown in prominence in the Republican Party since Donald J. Trump’s victory; The same is true for those in the legal world, like Mr. Musk’s lawyer, Chris Gober.”
“Even Superstar Supreme Court Litigators Can’t Win Them All”: David Lat has this new installment of his “Exclusive Jurisdiction” column online at Bloomberg Law.
“Neal Katyal Leaves Hogan Lovells for Milbank; Katyal, who has argued over 50 cases in front of the Supreme Court, will lead Milbank’s appellate practice, the firm said”: Patrick Smith of The American Lawyer has this report.
“Trump loses bid to pause judge’s order barring funding freezes”: Nate Raymond and Jack Queen of Reuters have this report on an order that a three-judge panel of the U.S. Court of Appeals for the First Circuit issued yesterday.
“In Defense of Birthright Citizenship: Precedent and the text make clear that Trump’s order is unconstitutional.” Columnist William A. Galston will have this op-ed in Wednesday’s edition of The Wall Street Journal.
“Is There a Constitutional Crisis? Trump’s actions are aggressive, but they aren’t an executive coup.” This editorial will appear in Wednesday’s edition of The Wall Street Journal.
“JD Vance’s Tweet Is No Crisis; Judges also have an obligation to respect the separation of powers; Usually they do so”: Law professor Adrian Vermeule will have this op-ed in Wednesday’s edition of The Wall Street Journal.
“Tom Goldstein Seeks Release, Denies Control Over Crypto Wallets; Goldstein arrested for allegedly violating release conditions; Defendant claims cryptocurrency payments were to satisfy debts”: John Woolley of Bloomberg Law has this report.
“Justice Sonia Sotomayor’s Elegy for Precedent: Is the Supreme Court rushing to overturn old cases? The figures say the opposite.” This editorial appeared in Monday’s edition of The Wall Street Journal.
“A legal renegade challenges the judicial system”: Marc Fisher of The Washington Post has this profile of attorney Jonathan Mitchell.
“Nothing Enrages Clarence Thomas Like Criminal Defendants Having Constitutional Rights; Our bloodthirstiest justice is once again putting on his old-timey detective costume to solve a case he thinks came out the wrong way”: Jay Willis has this essay online at Balls and Strikes.
“How to make sense of all the court orders against Donald Trump: Restraining orders? Injunctions? What do all the court orders against Trump mean?” Ian Millhiser has this essay online at Vox.
“State v. state battles over abortion laws are coming to a head — and likely will end up at the Supreme Court”: Tierney Sneed of CNN has this report (subscription required for access).
“Top Justice officials who played key roles in January 6 cases now leading ‘weaponization’ review”: Hannah Rabinowitz, Evan Perez, Paula Reid, and Katelyn Polantz of CNN have a report that begins, “On January 6, 2021, Emil Bove sat in lower Manhattan, watching on television as a pro-Trump mob invaded the US Capitol, violently attacking police and temporarily causing Congress to suspend its certification of Joe Biden’s electoral victory. Bove at the time helped to lead the counterterrorism section in the US attorney’s office for New York’s southern district, and he was instrumental in helping agents try to track down dozens of Capitol riot suspects, according to two former US law enforcement officials involved in the investigation.”
“Newman Urges Appeals Court to End Her Federal Circuit Suspension”: Michael Shapiro of Bloomberg Law has this report. You can access Appellant’s Reply Brief filed yesterday in the U.S. Court of Appeals for the D.C. Circuit via this link.
And earlier, Shapiro had an article headlined “Federal Circuit Judges Critique Newman’s Clean Bills of Health; Favorable findings don’t prove cognition of judge, 97, they say; Newman ordered to respond on report, unsealing of documents.”
“Musk Increases Attacks on Judges Who Rule That DOGE Must Pause; Dozens of suits question the legality of Musk’s actions in DC; Musk has long used X to go after business and political rivals”: Dana Hull of Bloomberg News has this report.
“Judge sets bond hearing for Donna Adelson after defense complains about jail abuse”: Jeff Burlew of The Tallahassee Democrat has this report.
“The Elite Lawyers Working for Elon Musk’s DOGE Include Former Supreme Court Clerks; Much attention has been paid to the young Silicon Valley engineers working for Musk’s Department of Government Efficiency, but the group has also hired high-powered legal talent”: Justin Elliott, Avi Asher-Schapiro, and Andy Kroll of Pro Publica have this report.
“This Supreme Court Philosophy Could Constrain Trump; A federal judge on the legal theory that is often at odds with an authoritarian view of governmental power”: You can access yesterday’s episode of “The Opinions” podcast from The New York Times, featuring columnist David French and Sixth Circuit Chief Judge Jeffrey S. Sutton, via this link.
“GOP Judge Jefferson Griffin appeals trial court loss in his effort to throw out votes”: Lynn Bonner of NC Newsline has this report.
The Carolina Journal reports that “Griffin appeals trial judge’s ruling against NC Supreme Court ballot challenges.”
And earlier, Kyle Ingram of The News & Observer of Raleigh, North Carolina reported that “Wake judge dismisses GOP challenge of 65,000 votes in NC Supreme Court election.”
“As Trump team overhauls government, a constitutional crisis looms”: Joan Biskupic of CNN has this news analysis.
And Peter Nicholas and Matt Dixon of NBC News report that “White House officials bristle as the courts throttle parts of Trump’s agenda; One White House official called legal roadblocks an ‘occupational hazard,’ while a number of legal experts worry the country may be headed for a constitutional crisis.”
“SCOTUSblog’s Goldstein to Represent Himself in Criminal Tax Case; Goldstein said he has limited means to pay for counsel; Taken into custody Monday following crypto transactions”: Holly Barker of Bloomberg Law has this report.
Dan Mangan of CNBC reports that “Supreme Court lawyer Tom Goldstein jailed as flight risk after cryptocurrency hiding claim.”
David Thomas of Reuters reports that “Supreme Court lawyer Tom Goldstein is detained as flight risk in tax case.”
Ashish Kumar of Cryptopolitan reports that “Top US Supreme Court lawyer detained after secret $6M crypto moves.”
And at Law & Crime, Chris Perez has a post titled “Poker-playing SCOTUS attorney arrested for second time in a month after making undisclosed crypto transactions worth millions while claiming he’s ‘destitute’: DOJ.”
“Trump’s Actions Have Created a Constitutional Crisis, Scholars Say; Law professors have long debated what the term means; But now many have concluded that the nation faces a reckoning as President Trump tests the boundaries of executive power”: Adam Liptak of The New York Times has this report.
“Emil Bove Revived His Career Defending Trump. Now He’s Upending the Justice Department. Once a relentless prosecutor, Bove turns his single-minded focus to president’s agenda.” Corinne Ramey of The Wall Street Journal has this report.
“123. What Vice President Vance Did — and Didn’t — Say About Judicial Power: A weekend tweet provides a useful opportunity for articulating some nuance in understanding what federal courts can — and can’t — do when reviewing the executive branch.” Steve Vladeck has this post at his “One First” Substack site.
“Texas Court’s Unexpected Jurisdiction Invites Shopping, Deluge; Lawmakers created court to handle business, state matters; Recent decision could lead to judge shopping, overworked court”: Ryan Autullo of Bloomberg Law has this report.
“Trump’s power to fire executive branch officials will be tested in another lawsuit; Hampton Dellinger, who led an ethics enforcement office, said his firing is illegal”: Josh Gerstein of Politico has this report.
“Trump Allies Start Bullying Judges After Adverse Rulings; Musk, Vance criticize judges’ reach after Manhattan court decision; Obama appointee put block on accessing Treasury information”: Jacqueline Thomsen of Bloomberg Law has this report.
Zoe Tillman and Erik Larson of Bloomberg News report that “Trump’s Rush to Unleash Executive Power Hits a Judicial Wall; Courts have halted action on immigration, federal operations; More than 40 federal lawsuits filed over Trump’s actions.”
And in commentary, online at Bloomberg Opinion, law professor Noah Feldman has an essay titled “JD Vance Is Playing a Dangerous Legal Game; The vice president’s comments about the relationship between the executive and judicial branches are intentionally misleading.”
“Goldstein Rearrested After Feds Say He Hid Millions In Crypto”: Law360 has this report (subscription required for full access).
And Holly Barker of Bloomberg News has an updated report headlined “Tom Goldstein Arrested for Allegedly Violating Release Terms.”
“Trump’s Tariffs Could Squeeze the Supreme Court; They represent another major effort to expand presidential authority”: Ankush Khardori has this essay online at Politico Magazine.
“How the ‘10th justice’ can help Trump’s agenda at the Supreme Court”: Joan Biskupic of CNN has this news analysis (subscription required for access).
“DOGE Runs Amok & Originalism’s Ahistoricism”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.