“A Way Out of Mexico’s Constitutional Crisis? One Idea for Compromise Emerges. A lone voice on Mexico’s Supreme Court has proposed a way to ease the political tensions that have arisen over a judicial overhaul. But big obstacles could prevent any deal.” Simon Romero and Paulina Villegas of The New York Times have this report.
“The Fifth Circuit Was Wrong — Counting Timely-Cast Remote Votes That Are Received After Election Day is as Old as the Founding.” Rich Bernstein has this post online at the Society for the Rule of Law.
“Contested state supreme court seats are site of hidden battle for abortion access; Judges are on ballot in election swing states such as Arizona and Florida whose courts recently upheld abortion bans”: Carter Sherman of The Guardian has this report.
“How the Antiabortion Movement Became a Cause Without a Candidate; The groups rode high when Roe was overturned; Now, they’re splintered on strategy and facing state-level defeats after Trump and the GOP pulled back support, wary of election liability”: Laura Kusisto of The Wall Street Journal has this report.
“The Campaign against Justice Gorsuch’s New Book Is an Embarrassment; An effort to discredit Justice Gorsuch is overhyped and misleading”: Dan McLaughlin has this essay online at National Review.
“Supreme Court Rejects Bid to Block Count of Some Pennsylvania Provisional Ballots; Republicans had asked the justices to pause a state court order requiring election boards to count provisional ballots by voters whose mail-in ballots were deemed invalid”: Abbie VanSickle of The New York Times has this report.
And Justin Jouvenal and Colby Itkowitz of The Washington Post report that “Supreme Court allows Pennsylvania voters to fix faulty absentee ballots; The Supreme Court cleared the way for Pennsylvania voters to submit provisional ballots as a remedy for improperly cast absentee ballots in the presidential election.”
You can access today’s order of the U.S. Supreme Court at this link.
“Undated mail ballots won’t be counted in next week’s election, Pa. Supreme Court rules; In a scathing opinion, one justice chastised Commonwealth Court for elevating the issue so close to Election Day”: Jeremy Roebuck and Katie Bernard of The Philadelphia Inquirer have this report.
Today’s ruling of the Supreme Court of Pennsylvania consisted of a per curiam order and two concurring statements (here and here).
“Abortion politics draw money to once-sleepy state Supreme Court races; National groups are spending millions of dollars to shape high courts in states including Michigan, Montana and Ohio”: Patrick Svitek of The Washington Post has this report.
And Nate Raymond of Reuters reports that “Battles over abortion access fuel US state supreme court races.”
“The Supreme Court Is Making People Fight For Marriage Equality Again; People don’t trust a post-Dobbs Supreme Court to protect their rights, so they’re trying to protect themselves”: Madiba K. Dennie has this post at Balls and Strikes.
“Anti-abortion activists ask justices to overrule ban on expressive activity outside clinics”: Kalvis Golde has this Petitions of the Week post at “SCOTUSblog.”
“The Conservative Strategy to Ban Abortion Nationwide: A local referendum in Texas is part of a long-term effort to block abortions through the courts.” Rachel Monroe has this Letter from the Southwest online at The New Yorker.
“A Texas Judge’s Fight to Keep a High Profile Case Out of His Court; A battle over a new rule to limit credit card late fees has spiraled into a larger skirmish about how much power litigants should have to maneuver their cases into friendly courtrooms”: Stacy Cowley of The New York Times has this report.
“Friend bought you a ticket to the big game? You still have to arbitrate, says US appeals court.” Alison Frankel’s “On the Case” from Reuters has this post.
“Walmart Lands Supreme Court Litigator as Lead Appellate Counsel; Charles Dameron recruited after six years in private practice; Retail giant adds former Supreme Court lawyer to legal team”: Brian Baxter of Bloomberg Law has this report (subscription required for full access).
“Abortion Rights Are on Every Swing-State Ballot Come Tuesday”: Law professors David S. Cohen, Greer Donley, and Rachel Rebouche have this Jurisprudence essay online at Slate.
“‘You should expect bones’: How chicken wings became part of the 2024 Ohio Supreme Court race; Democratic candidates for Ohio Supreme Court are citing a ruling that made national headlines for explaining why boneless wings can have bones.” Frank W. Lewis of Signal Cleveland has this report.
“Second Circuit Holds for the Government in Halkbank Remand”: Ingrid (Wuerth) Brunk has this post at the “Transnational Litigation Blog.”
Also at that blog, Zachary D. Clopton has a related post titled “Halkbank and the ‘Unitary’ Executive.”
You can access last week’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.
“Holding Sonia Sotomayor Hostage; Senator Richard Shelby’s power play on Ed Carnes nomination”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“Election Lawsuits Are Piling Up. How Worried Should You Be? Nearly 200 voting-related cases have churned ahead this year. But not all of them will make a difference.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Justices Cause Confusion With No Voting Purge Ruling Explanation; Divided Supreme Court allows Virginia voter purges; Unexplained ruling leaves voting advocates confused”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.
“‘Disruption and havoc’: Courtroom chaos of Trump’s first term expected to return if he wins election; The Trump administration was characterized by provocative policy moves that were immediately challenged in court, sometimes putting government lawyers in difficult positions.” Lawrence Hurley of NBC News has this report.
“Injured Football Fans Face Arbitration Over Negligence Claims; Contract’s existence a ‘precondition’ to enforce arbitration; Team reliance on purchaser’s agency ‘reasonable,’ court finds”: Sam Skolnik of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued Tuesday in a case involving Philadelphia Eagles fans injured while attending a Washington Commander game.
“What we know about Trump, Harris, the Supreme Court and federal judges; Whoever wins the White House in November will face a closely divided Senate and, at least at first, relatively few judicial vacancies”: Justin Jouvenal of The Washington Post has this report.
“ATF Hands Judges Loaded Weapons — And Lessons to Ponder on Bench”: Jacqueline Thomsen has this new installment of her “Elevated Take” column online at Bloomberg Law.
“8 Supreme Court Justices in Mexico to Resign Ahead of Contentious Election; All but three of the country’s Supreme Court justices announced they would quit rather than partake in the controversial elections mandated by a judicial overhaul”: Natalie Kitroeff and Emiliano Rodríguez Mega of The New York Times have this report, along with an article headlined “Mexico Passes Bill Barring Legal Challenges to Constitutional Changes; The bill has drawn criticism from legal scholars who say it would bulldoze any judicial oversight of constitutional matters.”
“From Wachtell To The White House To The Federal Bench: Judge Kenneth Lee; A judge on the Ninth Circuit since 2019, Judge Lee extols the virtues of public service, building relationships, and the United States of America.” David Lat has posted online this new episode of his “Original Jurisdiction” podcast.
“Mexico Supreme Court justice announces resignation, more expected”: Lizbeth Diaz of Reuters has this report.
“Hawaii Takes Aim at the Supreme Court’s Most Chaotic Gun Rights Ruling. Can the Aloha State defy the Roberts court on a controversial Second Amendment decision? They may soon find out.” Matt Ford of The New Republic has this report.
“There’s no such thing as a guaranteed Supreme Court vacancy”: Joan Biskupic of CNN has this news analysis.
“Judge Cannon won’t recuse from trial of accused Trump golf course gunman; Judge Aileen M. Cannon disputed speculation that she would favor the former president in hopes that he would nominate her to a higher judicial appointment”: Perry Stein of The Washington Post has this report.
And Alan Feuer of The New York Times reports that “Judge Refuses to Recuse Herself From Trump Assassination Case; The man accused of plotting to shoot Donald J. Trump at his golf course had asked the judge to step aside, saying she had been praised by the former president and listed as a possible Trump appointee.”
“Missouri voters may overturn one of nation’s strictest abortion bans; A constitutional amendment on the state ballot would protect ‘the right to make and carry out decisions about all matters relating to reproductive health care’”: Annie Gowen of The Washington Post has this report.
“Deploying on U.S. Soil: How Trump Would Use Soldiers Against Riots, Crime and Migrants; The former president’s vision of using the military to enforce the law domestically would carry profound implications for civil liberties.” Charlie Savage, Jonathan Swan, and Maggie Haberman of The New York Times have this report.
“Pennsylvania Mail Ballots at the Supreme Court; The Justices are asked to halt the state Supreme Court’s judicial rewrite on rejected mail ballots”: The Wall Street Journal has published this editorial.
“In a Legal House of Horrors, It’s an Office Contest That Scares the Judges Most; Staffers in Southern District spend weeks preparing for Halloween competition presided over by real jurists; ‘I don’t know if I’ll ever be as traumatized as I was then’”: Corinne Ramey will have this front page article in Wednesday’s edition of The Wall Street Journal.
“She said she had a miscarriage — then got arrested under an abortion law”: Caroline Kitchener of The Washington Post has this report.