“How ‘History and Tradition’ Rulings Are Changing American Law: A new legal standard is gaining traction among conservative judges — one that might turn back the clock on drag shows, gun restrictions and more.” Emily Bazelon will have this article in tomorrow’s edition of The New York Times Magazine.
“Booker on Mangi nomination: ‘It’s not over yet’; Senator says he’s still working to push through stalled Third Circuit nominee.” Joey Fox of the New Jersey Globe has this report.
And Chuck Ross of The Washington Free Beacon reports that “Embattled Biden Nominee Adeel Mangi Facilitated Meeting Between Leaders of Anti-Israel and Anti-Police Groups.”
“Judicial Security Resources Stretched Amid Rising Threats”: Suzanne Monyak of Bloomberg Law has this report.
“Federal judge sentences McGirt to 30 years, expected to be released in 30 days”: Mckenzie Richmond of Tulsa, Oklahoma’s KTUL has this report.
“Biden Top Supreme Court Lawyer Laments Shadow Docket Effect”: Suzanne Monyak and Kimberly Strawbridge Robinson of Bloomberg Law have this report.
“Generating Predictions for Grants Pass v. Johnson”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
“Texas man files legal action to probe ex-partner’s out-of-state abortion; The previously unreported petition reflects a potential new antiabortion strategy to block women from ending their pregnancies in states where abortion is legal”: Caroline Kitchener of The Washington Post has this report.
According to the article, “Davis’s petition — filed under Texas’s Rule 202 by Jonathan Mitchell, a prominent antiabortion attorney known for devising new and aggressive legal strategies to crack down on abortion — follows a lawsuit filed last spring by another Texas man, Marcus Silva, who is attempting to sue three women who allegedly helped his ex-wife obtain abortion pills.”
“Abortion is still consuming US politics and courts 2 years after a Supreme Court draft was leaked”: Geoff Mulvihill of The Associated Press has this report.
And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court’s next chapter on abortion puts women’s health in its crosshairs; Abortion advocates are on red alert after the Supreme Court showed interest in further limiting access to the procedure.”
“Inside the ground game to win Florida abortion referendum votes; Democrats and Republicans are coalescing around two contrasting messages on Florida’s Amendment 4 on abortion as they aim to persuade moderate voters”: Lori Rozsa of The Washington Post has this report.
“The Magic Constitutionalism of Donald Trump”: Columnist David French has this essay online at The New York Times.
“What Is a Song? Is it simply the music flowing out of your earphones? According to the law, the answer is a bit more complicated.” Ben Sisario of The New York Times has this report.
“Trump Wants to Prosecute Biden. He Also Thinks Presidents Deserve Immunity. In arguing to the Supreme Court that he cannot be charged for acts while in office, Donald Trump has asked the justices to enforce a norm that he has long threatened to shatter.” Alan Feuer and Maggie Haberman of The New York Times have this news analysis.
“The Roberts Court and the Rule of Lawlessness”: Eric Segall has this blog post at “Dorf on Law.”
“How an Ordinary Guy Took a $3,000 Case to the Supreme Court; Stuart Harrow has his day — to one justice’s bemusement: ‘I’m just wondering why the government’s making us do this.’” Ben Foldy will have this front page article in Friday’s edition of The Wall Street Journal.
“IVF and the Alabama Ruling”: The Spring 2024 issue of The New Atlantis contains a series of essays on this topic.
Leah Libresco Sargeant has an essay titled “Embryos as Schrödinger’s Persons: The Alabama IVF ruling reveals peculiar entities that are neither people nor property until we need them to be.”
Charlotte Collingwood has an essay titled “Laboring in the Dark: IVF might sound like an act of taking control, but it felt like an act of surrender.”
And Emma Waters has an essay titled “Taming IVF’s Wild West: Real regulation is long overdue. But consumer protection is not enough.”
“Harry Reid Botches Miers Nomination; Huge victory for conservatives”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“Um Wow, How Was Neal Katyal Sitting Courtside at an NBA Playoff Game? Come, let us together investigate how corporate America’s favorite Supreme Court lawyer could possibly have found himself watching Jamal Murray from the comfort of the best seats in the house.” Jay Willis has this post at Balls and Strikes.
“A rare Georgia Supreme Court race could hinge on abortion rights”: Greg Bluestein and Rosie Manins of The Atlanta Journal-Constitution have this report.
“Israel high court hears first case challenging secret detentions in Gaza war”: Claire Parker and Hazem Balousha of The Washington Post have this report.
“Catastrophizing the Oral Argument in Trump v. U.S.; No, the justices were not normalizing the president as a crime boss”: Jack Goldsmith has this post at the “Lawfare” blog.
“Amy Coney Barrett is no handmaid to the Supreme Court’s conservative majority”: Columnist Ruth Marcus has this essay online at The Washington Post.
“Arizona Lawmakers Repeal 1864 Abortion Ban, Creating Rift on the Right; Two Republican state senators broke with their party to ensure final passage of the repeal; Gov. Katie Hobbs, a Democrat, is expected to sign it on Thursday”: Jack Healy and Elizabeth Dias of The New York Times have this report.
The article notes that one of the votes to repeal the law came from Republican State Senator Shawnna Bolick, “whose husband is one of the Arizona Supreme Court justices who upheld the 1864 law.”
“9th Circuit reprimands San Diego federal judge for misconduct in handcuffing of defendant’s teen daughter; U.S. District Judge Roger Benitez said he was trying to scare girl away from using drugs, but appeals court found he had no authority to order her restrained”: Alex Riggins of The San Diego Union-Tribune has this report.
Bob Egelko of The San Francisco Chronicle reports that “9th Circuit reprimands California judge who handcuffed, berated crying 13-year-old girl.”
And Nate Raymond of Reuters reports that “Panel reprimands California federal judge for cuffing 13-year-old girl.”
You can access today’s order of the Judicial Council of the Ninth Circuit at this link.
“Sex, Secrets Trigger Downfall of Star Texas Bankruptcy Judge”: James Nani and Ronnie Greene of Bloomberg Law have this report, along with a related article headlined “How Four Judges Kept Romance Allegations Quiet for Two Years.”
“Jones Day Leads in Supreme Court Arguments With New Faces”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.
“When judges get free trips to luxury resorts, disclosure is spotty”: Tom Dreisbach and Carrie Johnson had this audio segment on today’s broadcast of NPR’s “Morning Edition.”
“Florida’s Six-Week Abortion Ban Is Now Law, With Political Implications; The ban, which took effect on Wednesday, was part of Gov. Ron DeSantis’s push into cultural conservatism; But Florida politics is rarely that simple”: Patricia Mazzei of The New York Times has this news analysis.
Caroline Kitchener of The Washington Post has an article headlined “Tears and despair at Florida abortion clinic in final hours before ban; A Fort Lauderdale-area clinic saw patients into the night — and turned some away — as the state prepared for a six-week abortion ban to take effect May 1.”
And in commentary, online at Slate, law professor Mary Ziegler has a Jurisprudence essay titled “The Six-Week Abortion Ban in Florida Is Only the Beginning; The history of these bans suggests they’re far from the anti-abortion movement’s endgame.”
“Inside the far-right plan to use civil rights law to disrupt the 2024 election; Experts describe the plan as a legal long shot, but say it could sow doubts about the integrity of a rematch between President Biden and former President Trump”: Sarah D. Wire and Mackenzie Mays of The Los Angeles Times have this report.
“Trump immunity plea sets up test for Supreme Court on judicial restraint; The Supreme Court’s search for a ruling of the ages over presidential immunity could leave the justices attempting to square a circle”: Kelsey Reichmann of Courthouse News Service has this report.
“The Strange Career of Antisubordination”: Law professor Justin Driver has this article in the May 2024 issue of the University of Chicago Law Review.
“Johnson & Johnson to pay $6.5 billion to resolve nearly all talc ovarian cancer lawsuits in U.S.; The deal, pending approval by claimants, would allow J&J to resolve the lawsuits through a third bankruptcy filing of a subsidiary company”: Annika Kim Constantino of CNBC has this report.
Today, Johnson & Johnson issued a news release titled “Johnson & Johnson Announces Plan by its Subsidiary, LLT Management LLC, to Resolve All Current and Future Ovarian Cancer Talc Claims Through a Consensual ‘Prepackaged’ Reorganization; The Plan would resolve 99.75% of all pending talc lawsuits against Johnson & Johnson and its affiliates in the United States.”
“Justice Stephen Breyer’s blunt message to Supreme Court conservatives: ‘Slow down’; The retired liberal justice spoke to ABC News Live Prime.” Devin Dwyer, Patty See, and Sarah Herndon of ABC News have this report.
“Kevin Ritz — Nominee to the U.S. Court of Appeals for the Sixth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”
“Phila. Judge Rejects Challenge to $977M Defective Seatbelt Verdict, Adds $33.4M in Delay Damages”: Aleeza Furman of The Legal Intelligencer has this report.
“Supreme Court declines to block Texas pornography restriction; The pornography industry challenged the state law’s age-verification provision, saying it places an unlawful burden on adults wishing to access content”: Lawrence Hurley of NBC News has this report on an order that the U.S. Supreme Court issued today.