“The Outsider Legal Genius Who May Rescue Trump: Seth Barrett Tillman is an Orthodox Jewish commodities trader turned law professor living in Dublin whose ideas were recently heard by the Supreme Court; He’s also something even more unusual: a thinker whose mind hasn’t been corrupted by politics.” Armin Rosen of Tablet Magazine has this report.
“Clerking For Judge Aileen Cannon: A Behind-The-Scenes Look; A tale of two clerkships: it was the best of times, it was the worst of times.” David Lat has this post at his “Original Jurisdiction” Substack site.
“In conclusion, this Court holds that [18 Pa.C.S.] Section 6321(g) does not require exposure of the nipple in order to meet the definition of nudity. Nudity is sufficiently established where any area below the top of the nipple is visible.” So ruled a unanimous Supreme Court of Pennsylvania in a decision issued yesterday.
“Judge Dodging: Apple loses Mandamus Transfer Action This Time.” Dennis Crouch has this post at his “Patently-O” blog.
“Could the Supreme Court Blindside the FDA on the First Amendment?” James M. Beck has this post at his “Drug & Device Law” blog.
“Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It.” Law professors Reva Siegel and Mary Ziegler have posted this article at SSRN.
“Timeliness in Supreme Court Practice”: Dennis Crouch recently had this post at his “Patently-O” blog.
“Biden’s controversial judicial nominee twists in the wind”: Columnist Debra J. Saunders has this essay online at The Las Vegas Review-Journal.
“Mifepristone at the Supreme Court”: Chris Geidner has posted this video interview on YouTube.
“Maryland defends handgun law at Fourth Circuit en banc session; Lawyers representing a gun rights organization argue Maryland creates an unfair hurdle for law-abiding citizens seeking to purchase handgun”: Joe Dodson of Courthouse News Service has an article that begins, “Maryland argued Thursday that its law requiring an extensive licensing process before purchasing a handgun is constitutional in front of an en banc Fourth Circuit audience.”
“Texas immigration ruling puts spotlight on nation’s most conservative federal appeals court”: Kevin McGill of The Associated Press has this report.
“US appeals court directs probe of juror bias in Boston Marathon bomber’s case”: Nate Raymond of Reuters has this report.
And Alanna Durkin Richer of The Associated Press reports that “Appeals court orders judge to probe claims of juror bias in Boston Marathon bomber’s case.”
You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.
“Alliance Defending Freedom Lawyer Enraged By Good, Correct Criticism Of Alliance Defending Freedom; The fallout over the Idaho attorney general’s sketchy arrangement with the activist legal organization is turning right-wing ideologues into mediocre bloggers”: Susan Rinkunas has this essay online at Balls and Strikes.
“Trump-Appointed Judges Lead Trip to Israel ‘Bearing Witness’; 14 judges make trip, including Trump circuit, trial court members; Met with officials, judges; partly focused on Oct. 7”: Suzanne Monyak of Bloomberg Law has a report that begins, “More than a dozen federal judges, nearly all appointed by Donald Trump, traveled to Israel to discuss the country’s legal system, military compliance with international law, and aftermath of the October attack by Hamas.”
“Judge approves $125 million PACER fees settlement with US judiciary”: Nate Raymond of Reuters has this report.
“Biden nomination of the first Muslim American to a federal appeals court in peril; Two Democratic senators said they will oppose the nomination of Adeel Mangi to the powerful U.S. Court of Appeals for the Third Circuit”: Frank Thorp V, Sahil Kapur, and Kate Santaliz of NBC News have this report.
Zach C. Cohen and Courtney Rozen of Bloomberg Law report that “Manchin Announces Opposition to Muslim Circuit Court Nominee; Mangi would be first Muslim federal appeals court judge; Nomination has drawn intense Republican opposition.”
Jennifer Bendery of HuffPost reports that “It Looks Like It’s Over For Biden’s Historic Muslim Court Pick, Adeel Mangi; Two Democrats said they’ll oppose the U.S. appeals court nominee, caving to the GOP’s baseless and Islamophobic smear campaign against him.”
Kaelan Deese, Emily Jacobs, and Peyton Sorosinski of Washington Examiner report that “Biden judicial nominee chances ‘dead as Jimmy Hoffa’ after Manchin opposition.”
Joey Fox and David Wildstein of New Jersey Globe have a report headlined “With N.J. Circuit Court nominee in trouble, Biden may have to switch tactics — and soon; Senate Dems have narrow window to either push Adeel Mangi through or get new nominee in place.”
And Julia Terruso of The Philadelphia Inquirer reports that “Fetterman supports nominee for Philly-based court who’s facing Islamophobic smears but Casey is more noncommittal; Fetterman said he supports Adeel Mangi’s nomination; Casey indicated possible support if Mangi makes it to a vote.”
“Pulsifer v. United States as Permissive Interpretation”: Richard M. Re has this post at his blog, “Re’s Judicata.”
“The Umpire Strikes Back: John Roberts’s apt baseball simile.” Ed Whelan has this post at his “Confirmation Tales” Substack site.
“Manchin won’t vote for Biden judge picks that lack GOP support; The retiring West Virginia Democrat called it his ‘own little filibuster’”: Burgess Everett of Politico has this report.
“Justice Breyer’s Problematic ‘Pragmatism’: Breyer makes unsupported claims about originalism and defends a brand of legal interpretation that would obfuscate the law.” John O. McGinnis has this post at the “Law & Liberty” blog.
“Cannon Fodder: Law Clerks Quit On Judge Aileen Cannon; The controversial jurist’s slowness in handling the Trump documents case could be due to personnel problems in her chambers.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Texas Immigration Spat Puts Spotlight on Fifth Circuit Stays; Latest maneuver in Texas immigration dispute with US; Court watchers see more administrative stays in big cases”: Jacqueline Thomsen of Bloomberg Law has this report.
“Appeals Court Considers Reviving Texas Migrant Law, Now on Hold; As dizzying legal developments sowed confusion along the border, an appeals court panel appeared split over whether Texas’ migrant arrest law should remain on hold while the court fight continues”: J. David Goodman of The New York Times has this report.
Mattathias Schwartz of The New York Times reports that “Appeals Court Shaped by Trump Is at Center of Texas Border Debate; The fight over a new immigration law is the latest national controversy to reach the Fifth Circuit Court of Appeals.”
Charlie Savage and Jack Healy of The New York Times have a news analysis headlined “Fight Over Texas Law Underscores a Battle of America vs. Its States; The partisan gridlock gumming up Washington has prompted states controlled by one party to set off on their own.”
Arelis R. Hernández and Patrick Svitek of The Washington Post have an article headlined “Texas immigration law is on hold. But the confusion is still mounting. Whiplash legal rulings over S.B. 4 leave migrants, officers and advocates in limbo.”
Elizabeth Findell and Adolfo Flores of The Wall Street Journal have an article headlined “Flurry of Court Actions on Immigration Law Causing Confusion in Texas; Fifth Circuit panel gives no indication of whether it will allow state to arrest and deport migrants while law is litigated.”
And in commentary, Thursday’s edition of The Wall Street Journal will contain an editorial titled “Texas, the Border and the Supreme Court; Gov. Abbott’s law is back on hold, after overwrought cries of judicial abdication.”
“White House: Attack on judicial nominee is ‘Islamophobic smear campaign’; Adeel A. Mangi, a partner in a New York law firm, would be the first Muslim American judge on the federal appellate bench.” Tobi Raji of The Washington Post has this report.
“Dog food fight is on at the US Supreme Court”: Alison Frankel’s “On the Case” from Reuters has this post.
“Fourth Circuit hears third challenge to Maryland assault weapons ban; Gun rights advocates argue the more than 20 million AR-15 rifles in circulation show they are in common use and therefore protected by the Second Amendment”: Joe Dodson of Courthouse News Service has this report.
And yesterday, Mike Vilensky of Bloomberg Law reported that “Gun Laws to Face Fourth Circuit in Trio of Post-Bruen Tests; Three cases questioning gun restrictions get en banc rehearing; The Fourth Circuit has undergone a liberal shift recently.”
At some point in the not too distant future, you can access the audio recordings of today’s en banc Fourth Circuit oral arguments via this link.
“Do Judges Also ‘Berate’ The Press?” Josh Blackman has this post at “The Volokh Conspiracy.”
My favorite “berating” was when two Third Circuit judges, at a cocktail reception, forcefully expressed their disagreement with my view expressed in my appellate column that it wasn’t proper for a dead Article III judge to be casting the deciding vote on a case. As often happens, ultimately the U.S. Supreme Court had the last word on this matter.
“The New Judge Shopping Fix Has Two Huge Loopholes”: Law professors Paul R. Gugliuzza and J. Jonas Anderson have this Jurisprudence essay online a Slate.
“How the Justices Should Decide the Trump Immunity Case: The Supreme Court needs to set a standard that respects the presidency as well as the rule of law.” Ohio Attorney General Dave Yost will have this op-ed in Thursday’s edition of The Wall Street Journal.
“Biden taps U.S. Attorney for Western District Kevin Ritz as Sixth Circuit Judge nominee”: Lucas Finton of The Memphis Commercial Appeal has this report.
Today, the White House issued a news release titled “President Biden Names Forty-Seventh Round of Judicial Nominees and Announces One New Nominee to Serve as U.S. Marshal.”
Update: In other coverage, Tiana Headley of Bloomberg Law reports that “Biden to Nominate Prosecutor to Sixth Circuit Tennessee Seat; Kevin Ritz is US Attorney in Tennessee; Ex-public defenders tapped for two trial courts.”
“US appeals court skeptical of challenge to Maryland assault weapons ban; 4th Circuit hearing three Second Amendment cases en banc; Case was first to be heard by new Judge Nicole Berner”: Nate Raymond of Reuters has this report.
“Biden Seventh Circuit Nominee Pressed by GOP on Case Management; Nancy Maldonado nominated to Seventh Circuit; Republicans critical of motion backlog as district judge”: John Crawley of Bloomberg Law has this report.
And Nate Raymond of Reuters reports that “Senate Republicans grill 7th Circuit nominee on her trial court backlog.”
“Dinkus”: You can access the new episode of the “Divided Argument” podcast via this link.
The episode’s description begins, “After grappling with listener feedback ranging from the acoustic to the typographical, we catch up on last month’s decisions in Great Lakes v. Raiders Retreat Realty (admiralty) and McElrath v. Georgia (double jeopardy).”
“Texas’s S.B. 4 immigration enforcement law appears likely to remain on hold for now; Chief Judge Priscilla Richman of the Fifth Circuit, a George W. Bush appointee, was skeptical of Texas’s arguments to enforce the law immediately”: Chris Geidner has this post at his Substack site.
“The Appeal Deadline & Subsequent Rule 59(e) Motions: The Fifth Circuit held that the grant of a Rule 59(e) motion that resolved an ambiguity in the original judgment allowed a second Rule 59(e) motion to reset the appeal clock.” Bryan Lammon has this post at his “final decisions” blog.