“All NH Supreme Court justices recuse themselves in indicted colleague’s disciplinary case; Lawyers for indicted justice say no crimes were committed”: Tim Callery and Ross Ketschke of WMUR in Manchester, New Hampshire have this report.
“GOP asks Pa. Supreme Court to stay ruling allowing provisional voting in ‘naked ballots’ case”: Peter Hall of Pennsylvania Capital-Star has this report.
And at his “Election Law Blog,” Rick Hasen has a post titled “Republicans Plan to Go to U.S. Supreme Court Raising Independent State Legislature Theory to Seek to Block Pennsylvania Supreme Court Ruling Requiring Counting of Certain Provisional Ballots.”
“Trump Seeks to Challenge Jack Smith’s Appointment in Election Case; The former president’s request to file a new motion contesting how the special counsel got his job came on the same day he vowed to fire him if re-elected”: Alan Feuer of The New York Times has this report.
And Spencer S. Hsu and Perry Stein of The Washington Post report that “Trump challenges special counsel Jack Smith appointment in Jan. 6 case; Former president asks Judge Tanya Chutkan to set aside D.C. Circuit precedent, citing doubts raised by Justice Clarence Thomas in a separate ruling.”
“Abortion Pills Are Safe. Post-Roe America Isn’t.” Chavi Eve Karkowsky has this guest essay online at The New York Times.
“Why Penn Wants Amy Wax Gone | Glenn Loury & Amy Wax”: The Glenn Show recently posted this video on YouTube.
“Maine Supreme Judicial Court justice violated ethical code, committee says; A judicial conduct panel is recommending that Justice Catherine Connors, a former private attorney who represented banks, be sanctioned for not recusing herself from 2 cases that upended the state’s foreclosure process”: Hannah LaClaire of The Portland Press Herald has this report.
You can access the Committee on Judicial Conduct’s report at this link.
“Supreme Court ‘friends’ leave justices more questions than answers; Interactions with the justices are few and far between but just about anyone can inject their opinion into the latest Supreme Court legal battle set to shape decades of American life”: Kelsey Reichmann of Courthouse News Service has this report.
“Fifth Circuit Divide Sees Bush Judges Check Trump Appointees; Bush appointees thwart some legal review sought by Trump judges; They act as key votes on conservative court”: Jacqueline Thomsen of Bloomberg Law has this report.
“Ohio ban on most abortions ruled unconstitutional after voters approve ballot measure”: Jessie Balmert of The Cincinnati Enquirer has this report.
And Laura Hancock of The Cleveland Plain Dealer reports that “Ohio judge strikes down ‘heartbeat’ abortion ban.”
You can access today’s ruling at this link.
“Judge Urges Law School Donation Halt Until Originalism Taught; Amul Thapar urged donors to withhold money to law schools; 6th Circuit judge took issue with lack of originalism courses”: Suzanne Monyak of Bloomberg Law has this report.
And Nate Raymond of Reuters reports that “Conservative US judge pushes yanking law school funding until ‘originalism’ taught.”
The Heritage Foundation has posted on YouTube a video of the event titled “The 2024 Joseph Story Distinguished Lecture: Why Originalist Courts Need Originalist Classrooms.”
“Attack ads target 3 Oklahoma Supreme Court justices ahead of November vote”: M. Scott Carter of The Oklahoman has this report.
“If it survives in court, Texas’ immigration law could upend immigration enforcement nationwide; Texas challenged federal supremacy by creating a state crime for illegal entry into the U.S.; The courts will decide whether it’s constitutional — and whether other states can follow Texas’ lead”: Alejandro Serrano of The Texas Tribune has this report.
“New York state can enforce many gun restrictions, US appeals court rules”: Jonathan Stempel of Reuters has this report on a 246-page ruling, jointly signed by all three judges on the panel, that the U.S. Court of Appeals for the Second Circuit issued today.
“A Supreme Court Decision Claimed to Take Partisanship Out of Gun Cases. It Didn’t. A Trace analysis of more than 1,600 rulings found that the Bruen decision has given judges remarkable leeway. The results have been starkly partisan.” Chip Brownlee of The Trace has this report.
“Márquez’s support of the Trump insurrection ruling should disqualify her from office; Vote not to retain Colorado Supreme Court Justice Márquez”: Mike Davis has this essay online at The Denver Post.
“Divided Pennsylvania Supreme Court, In Case Involving Mail-In and Provisional Ballots, Tees Up Potential Independent State Legislature Theory for U.S. Supreme Court”: Rick Hasen has this post at his “Election Law Blog.”
“This Election Is Also a Choice Between Two Visions of the Federal Courts; Judges have vast influence over the biggest political questions; An analysis of President Biden and Donald J. Trump’s nominees found stark differences that could emerge again after November”: Mattathias Schwartz and June Kim of The New York Times have this report.
“Battle over abortion access stretches to state supreme court races”: Melissa Quinn of CBS News has this report.
And in related commentary, online at The Washington Post, columnist Jim Geraghty has an essay titled “You’ve got my vote, your honor; On Nov. 5, supreme court seats are up for election in 33 states; That could have a big effect on abortion laws.”
“National Association of Attorneys General Announces Winners for 2024 Supreme Court Best Brief Awards”: You can access that organization’s news release from earlier this month at this link.
“Texas Supreme Court justice’s oversight of trust belonging to millionaire with dementia raises ethics concerns; Despite objections from her family, John Devine oversees the trust of Elvie Kingston, a clear violation of Texas’ judicial ethics rules, experts said; His wife is also her legal guardian”: Robert Downen of The Texas Tribune has this report.
My client’s pending cert. petition is now fully briefed: You can access the filings in this case, raising an issue of Federal Arbitration Act preemption that divided the Pa. Supreme Court (majority opinion here; dissenting opinion here), via this link.
“A Supreme Court reshaped by Trump has a low profile in this presidential campaign”: Mark Sherman and Lindsay Whitehurst of The Associated Press have this report.
“Prosecutors say Alaska judge’s misconduct warrants vacating man’s conviction”: Nate Raymond of Reuters has this report.
And Suzanne Monyak of Bloomberg Law reports that “Ex-Alaska Judge’s Lawyer Ties Have US Asking to Toss Conviction; DOJ asks to vacate conviction over ex-judge’s misconduct; Kindred received nude photos from prosecutor in the case.”
“J&J’s Latest Talc Bankruptcy Bid Must Be Dismissed, DOJ Says; DOJ bankruptcy unit moves to toss J&J affiliate’s bankruptcy; J&J maneuver was made in bad faith, DOJ unit says”: Evan Ochsner of Bloomberg Law has this report.
“The Princess and the Justice; Princess Gloria von Thurn und Taxis bonded with Justice Samuel A. Alito Jr. over Catholicism and ending abortion; She introduced him to her sumptuous world when he visited her Bavarian palace”: Abbie VanSickle and Philip Kaleta of The New York Times have this report.
“Judicial Notice (10.20.24): Blast Off; A justice under indictment, Elon Musk’s latest lawsuit, a MAGA legal warrior, and a Biglaw firm’s aggressive response to a discrimination lawsuit.” David Lat has this post at his “Original Jurisdiction” Substack site.
“High court passes on guns, agency authority as dust settles from blockbuster rulings; The justices turned down petitions on felon gun ownership and presidential firing power, for now”: Kelsey Reichmann of Courthouse News Service has this report.
You can access today’s Order List of the U.S. Supreme Court at this link.
“First Openly Transgender Lawyer to Argue at Supreme Court; ACLU’s Chase Strangio will argue on behalf of minors and their families; Tennessee one of 22 states that ban gender affirming care for minors”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.
“What Can Memoirs by Supreme Court Justices Teach Us? We’re primed to read Justices’ accounts of their lives for clues to their jurisprudence. Should we?” Amy Davidson Sorkin has this Books essay in the October 28, 2024 issue of The New Yorker.
“States Revive Lawsuit to Sharply Curb Access to Abortion Pill; The Supreme Court ruled in June that the original plaintiffs, anti-abortion doctors and groups, did not have standing to sue; Now three states are trying to continue the legal fight”: Pam Belluck of The New York Times has this report.
“Neil Gorsuch Has No One to Blame But Himself; The Supreme Court justice bemoans overzealous prosecutors; But it’s his favorite legal theory — textualism — that has encouraged their behavior”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“A Writer Sees Leniency in the Supreme Court’s Approach to Public Corruption; A Georgetown law professor argues that five rulings by the justices in recent years have allowed behavior that is ‘sketchy as hell’ and meant to make the judiciary look good by contrast”: Adam Liptak has this new installment of his “Sidebar” column online at The New York Times.
“A Second Trump Term Would Cement a Supreme Court Revolution; Electing the Republican candidate would likely extend conservative control of the court for another 25 years”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Rare Copy of U.S. Constitution Sells for More Than $11 Million; The document, which was sold to an anonymous bidder at an auction in North Carolina, was among the first copies of the Constitution ever printed, experts said”: Hank Sanders of The New York Times has this report.
“Mike Davis trolls the left online. He could also help Trump pick MAGA judges. Mike Davis, a omnipresent and combative presence on right-wing media, has also positioned himself to be a key adviser on judicial selection for Donald Trump if he is reelected.” Beth Reinhard and Marianne LeVine of The Washington Post have this report.