“Will Conservative Supreme Court Stick to Values in Trump Ruling in Colorado? A ruling that Donald Trump is ineligible for the presidency will test the court’s methodological values.” Charlie Savage of The New York Times has this report.
Alan Feuer of The New York Times has a news analysis headlined “Trump Cases Crashing Into Supreme Court Could Reshape 2024 Election; The ruling that Donald Trump is not eligible for the ballot in Colorado is the latest election-related issue likely to land before the justices; The implications for 2024 could be profound.”
Nick Corasaniti of The New York Times has an article headlined “Here Are the Other States Where Trump’s Ballot Eligibility Faces a Challenge; At least 16 states beyond Colorado currently have open legal challenges to the former president’s eligibility for office — but what happens next depends on the U.S. Supreme Court.”
And in commentary, online at The New York Times, Jesse Wegman has an essay titled “The Colorado Ruling Is a Rebuke for the Ages.”
“Trump Asks Supreme Court to Put Off Hearing Case on Immunity Claim; The former president urged the justices to move slowly in his federal election interference case, an apparent attempt to delay the trial, set for March”: Adam Liptak of The New York Times has this report.
You can view the brief in opposition at this link.
“Abortion Pills, Fishing Boats and the Legal War on Experts; Cases before the Supreme Court could endanger regulation of banking and many other sectors”: Alan S. Blinder will have this op-ed in Thursday’s edition of The Wall Street Journal.
“The Folly of Colorado’s Trump Disqualification; Four state Supreme Court judges ban the former President from the 2024 ballot without due process”: This editorial will appear in Thursday’s edition of The Wall Street Journal.
Also in Thursday’s edition of that newspaper, law professors John C. Harrison and Saikrishna Prakash will have an op-ed titled “If Trump Is Disqualified, He Can Still Run; Colorado’s Supreme Court overlooks the 20th Amendment.”
And Karl Rove will have an op-ed titled “Trump vs. the Banana Republic of Colorado; The effort to remove him from the ballot is legally baseless and helps his campaign.”
“What Is Insurrection? Trump Puts Once Obscure Questions Before Courts; All roads in former president’s legal battles likely lead to election-year rulings by nine justices; Controversy appears inevitable.” Jan Wolfe of The Wall Street Journal has this report.
“Supreme Court will review ‘good neighbor’ air pollution plan; The Environmental Protection Agency’s fight against cross-state air pollutants hit a high court roadblock”: Kelsey Reichmann of Courthouse News Service has this report.
You can access today’s order of the U.S. Supreme Court at this link.
“Sheboygan DA appeals ruling that made abortion legal, pushing issue closer to Supreme Court”: Jessie Opoien of The Milwaukee Journal Sentinel has this report.
Alexander Shur of The Wisconsin State Journal reports that “Republican prosecutor appeals ruling that 1849 Wisconsin law doesn’t ban abortions.”
And Joe Kelly of Courthouse News Service reports that “Fight over 1849 Wisconsin abortion law advances with DA’s appeal; A judge reiterated this month that the law enacted one year after Wisconsin became a state applies only to feticide, not abortions.”
“The Liberal Plot Against Democracy”: Online at Compact Magazine, law professor Samuel Moyn has an essay that begins, “On Tuesday, the Colorado Supreme Court held that Donald Trump isn’t allowed to appear on state ballots in the 2024 election cycle because the former president engaged in ‘insurrection,’ disqualifying him for office under the 14th Amendment to the US Constitution. Intended to finally write the former president’s political obituary, the decision is just the latest example of liberals helping dig the grave of our democracy.”
“Supreme Court seems destined to play pivotal role in 2024 elections; Multiple cases involve GOP front-runner Donald Trump, including his eligibility for office and his claim of immunity from prosecution”: Robert Barnes of The Washington Post has this report.
David G. Savage of The Los Angeles Times reports that “Trump’s fate rests with Supreme Court in two unprecedented cases.”
And Jan Wolfe and Mariah Timms of The Wall Street Journal report that “Colorado Trump Ban Puts Supreme Court in Hot Seat; Justices will likely have to rule on whether 14th Amendment’s banning insurrectionists from office applies to former president.”
“After Ohio Supreme Court dismisses six-week ban appeal, advocates work to unveil total abortion ban”: Morgan Trau of Ohio Capital Journal has a report that begins, “Anti-abortion advocates say they are working with Ohio lawmakers to put forward a total abortion ban. This comes after the Ohio Supreme Court dismissed the state’s appeal to enforce a near-total abortion ban.”
“Jack Smith added a Supreme Court specialist. Trump has the Missouri lawyer who sued Joe Biden. A large experience gap is emerging as the special counsel and the former president assemble their Supreme Court teams.” Betsy Woodruff Swan of Politico has this report.
“The Colorado Court’s Ruling Banning Trump From the Ballot Is Sharp as Hell; While the ruling will be overturned by the Supreme Court, the conservative justices will have to tie themselves into a knot to do it”: Elie Mystal has this essay online at The Nation.
“‘Orwellian Nightmare’: Divided 5th Circuit Denies Review of Section 230 Immunity for Social Media; The dissenting judges fell a vote short of reconsidering the Communication Decency Act’s immunity provision.” Avalon Zoppo of The National Law Journal has this report.
And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Seven Fifth Circuit Judges Argue for Reading § 230 Narrowly.”
You can view Monday’s order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc by an 8-to-7 vote, and the dissent therefrom, at this link.
“The Supreme Court Must Unanimously Strike Down Trump’s Ballot Removal”: Law professor Lawrence Lessig has this Jurisprudence essay online at Slate.
And online at Bloomberg Opinion, law professor Noah Feldman has an essay titled “Supreme Court Unlikely to Uphold Colorado Ruling Disqualifying Trump; The justices will find the least-embarrassing way of making this case go away and putting the former president back on the state’s primary ballot.”
“Democrats won Virginia on abortion. Can it also win them the White House? A year and a half after the supreme court struck down Roe v Wade, abortion continues to weigh heavily on voters’ mind.” Joan E Greve of The Guardian has this report.
“An Originalism Scorecard Since Justice Barrett Arrived on the Court: Living Constitutionalism is Way Ahead.” Eric Segall has this blog post at “Dorf on Law.”
“Ketanji Brown Jackson slapped with ethics complaint over husband’s income; Group says Supreme Court justice omitted portions of husband’s income on disclosure forms for years”: Brianna Herlihy of Fox News has this report.
“Supreme Court takes center stage in the Trump legal battles; The justices will soon decide whether to weigh in on Trump’s broad immunity claim in his election interference case and his forthcoming appeal seeking to block a Colorado ruling that says he is ineligible to run for office”: Lawrence Hurley of NBC News has this report.
John Fritze and David Jackson of USA Today have an article headlined “Supreme Court may want to avoid Trump; Colorado’s ballot ruling won’t let them.”
Greg Stohr of Bloomberg News reports that “Trump’s 2024 Fate Rests With Supreme Court After Colorado Bars Him from Ballot; Trump vows to appeal Colorado ruling barring him from ballot; Court is considering fast-track review of Trump immunity claim.”
And Greg Bluestein of The Atlanta Journal-Constitution reports that “Colorado ruling disqualifying Trump could have implications in Georgia.”
“Some state abortion bans stir confusion, and it’s uncertain if lawmakers will clarify them”: Kimberlee Kruesi and Geoff Mulvihill of The Associated Press have this report.
“The O’Connor Funeral — LER Bonus Content No. 8 (12.19.23)”: Renee Knake Jefferson has this post at her “Legal Ethics Roundup” Substack site.
“Jewish Groups Line Up In Support Of Biden’s Muslim Court Pick Assailed By GOP; ‘Adeel A. Mangi is a person of strength and good deeds,’ 15 Jewish groups wrote to senators, some of whom subjected Mangi to Islamophobic questioning”: Jennifer Bendery of HuffPost has this report.
And at Balls and Strikes, Madiba K. Dennie has a post titled “Shameless Republican Senators Badger Muslim Judicial Nominee About 9/11; Adeel Mangi may become the first Muslim American federal appellate judge; So, Republican Senators smeared him as a terrorist sympathizer.”
“Why Democracy Hasn’t Settled the Abortion Question; Post-Roe voting might bring America to a new consensus — but only if the voters keep getting their say”: Kate Zernike of The New York Times has this report.
And Katie Rogers of The New York Times reports that “Harris Will Tour the Country in Support of Abortion Rights; The vice president has been the administration’s most forceful voice for abortion rights in the year and a half since Roe v. Wade fell.”
“Boston’s racial balancing of elite public schools upheld by First Circuit; Favoring one race over another can be constitutional, the court said, as long as the method of doing so is neutral on its face”: Thomas F. Harrison of Courthouse News Service has this report.
And Daniel Wiessner of Reuters reports that “US court rejects race bias claims over Boston school admission policy.”
You can access today’s ruling of the U.S. Court of Appeals for the First Circuit at this link.
“O’Connor, a ‘Daughter of the American West,’ Is Honored in Washington; President Biden remembered the Supreme Court’s first female justice as ‘gracious and wise, civil and principled’ in a ceremony at Washington National Cathedral”: Abbie VanSickle of The New York Times has this report.
Dan Rosenzweig-Ziff and Mariana Alfaro of The Washington Post report that “Sandra Day O’Connor ‘empowered generations of women,’ Biden says in eulogy.”
And at “SCOTUSblog,” Mark Walsh has a post titled “A Washington send-off for Sandra Day O’Connor.”
“Clarence Thomas blundered. But the justices are underpaid.” Columnist Ruth Marcus has this essay online at The Washington Post.
Also online at The Washington Post, columnist Alexandra Petri has an essay titled “Thanks for being a Supreme Court Patreon! Don’t forget to claim your perks.”
“Will the U.S.Supreme Court Keep Donald Trump Off the Ballot? Some Initial Thoughts.” Rick Hasen has this post at his “Election Law Blog.”
“How a Trump Supreme Court finalist ruled bigly against his side; With the high court potentially taking up two major Jan. 6 issues involving Trump, a reminder of how GOP-nominated judges haven’t toed his line”: Aaron Blake of The Washington Post has this news analysis.
“Amarillo City Council says it needs more time to debate abortion travel ban; After weeks of debate, the council took no action at a politically-charged meeting Tuesday; It is the largest city in Texas to debate such a rule”: Jayme Lozano Carver of The Texas Tribune has this report.
“How Leonard Leo’s Dark Money Network Orchestrated a New Attack on the Voting Rights Act”: Ari Berman has this essay online at Mother Jones.
“Appellate Court Says U.S. Can’t Cut Through Texas Border Wire Along Rio Grande; The U.S. Court of Appeals for the Fifth Circuit, in a temporary order, limited the federal government while a challenge by the state of Texas was pending”: Edgar Sandoval of The New York Times has this report.
“Prosecutors Try to Nudge Trump Election Case Ahead Despite Freeze on the Case; The office of the special counsel sent documents to the former president’s legal team, even though the proceedings are on hold; The defense lawyers were not pleased”: Alan Feuer of The New York Times has this report.
“Trump Has Always Wanted to Be King. The Supreme Court Should Rid Him of That Delusion.” Law professor Kate Shaw has this guest essay online at The New York Times.
“Colorado Supreme Court bars Donald Trump from the state’s ballot in 2024, ruling he’s disqualified by Jan. 6 actions; Legal challenge, which alleges Trump engaged in insurrection, is likely headed to U.S. Supreme Court”: Nick Coltrain of The Denver Post has this report.
Patrick Marley and Azi Paybarah of The Washington Post report that “Trump disqualified from Colorado’s 2024 primary ballot by state Supreme Court; The decision is certain to be appealed to the U.S. Supreme Court, but it will be up to the justices to decide whether to take the case.”
Mariah Timms of The Wall Street Journal reports that “Trump Disqualified From 2024 Presidential Primary Ballot, Colorado Supreme Court Rules; State high court says GOP front-runner barred by 14th Amendment’s ban on insurrectionists holding office.”
John Fritze, Aysha Bagchi, and David Jackson of USA Today report that “Donald Trump disqualified from Colorado’s primary ballot, state high court rules.”
And Alex Swoyer of The Washington Times reports that “Colorado Supreme Court orders Trump removed from ballot for Jan. 6 ‘insurrection.’”
You can access today’s 4-to-3 per curiam ruling of the Supreme Court of Colorado at this link.
“D.C. Circuit Rejects Oil Company Attempt to Remove District’s Climate Suit to Federal Court; Yet another federal circuit court of appeals rejects energy company removal claims”: Jonathan H. Adler has this post at “The Volokh Conspiracy” about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
“Another Dobbs Leak!” You can access today’s new episode of the “Advisory Opinions” podcast, featuring Sarah Isgur and David French, via this link.
