“How Trump could win at the Supreme Court even if his broad immunity argument is rejected: If the court rejects Trump’s broad immunity claim, it could still send the case back to a lower court for more deliberations, which could further delay a potential trial.” Lawrence Hurley of NBC News has this report.
“So, What’s Going on With Clarence Thomas These Days? It’s never a bad time for Democrats to talk about the possibility of a Supreme Court vacancy.” Jason Linkins has this essay online at The New Republic.
“How large parts of Trump’s trial are playing out in the shadows: Critical aspects of the case have been shielded from the media and the public.” Kyle Cheney and Erica Orden of Politico have this report.
“Judicial Notice (04.21.24): Trump On Trial; Two Biglaw attorneys on the Trump jury, universal injunctions at SCOTUS, Am Law 100 firms in merger talks, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.
“‘I Gullah Geechee, too’: the educators keeping a language of enslaved Africans alive.” Adria R Walker of The Guardian has this report.
“Donald Trump Has Betrayed the Pro-Life Movement”: Former Vice President Mike Pence has this guest essay online at The New York Times.
“New Arguments After a Notice of Appeal: When a party raises an issue for the first time after filing its notice of appeal, does the notice limit jurisdiction over that issue? Or does the case instead implicate prudential limits on appellate courts’ addressing issues in the first instance?” Bryan Lammon has this post at his “final decisions” blog.
“Workplace DEI Worry Shouldn’t Overshadow a Civil Rights Victory”: Madeline Meth and Brian Wolfman have this essay online at Bloomberg Law.
“The miscarriage was inevitable. Could she have had an ER abortion? Supreme Court to decide. The case is a showdown between the Biden administration and states that have enacted abortion limits after the end of Roe v. Wade. A new Idaho abortion ban is at the center of the debate.” Maureen Groppe of USA Today has this report.
“Biden’s 50-year journey as a skeptic of Roe v. Wade to its ultimate protector; Abortion is at the center of President Joe Biden’s re-election campaign — an improbability for a politician who long expressed his personal discomfort with the practice”: Peter Nicholas and Natasha Korecki of NBC News have this report.
“Reagan-era emergency health care law is the next abortion flashpoint at the Supreme Court”: Tierney Sneed of CNN has this report.
“Yet another same-sex wedding cake case will test California civil rights law”: Bob Egelko of The San Francisco Chronicle has this report.
“CFPB asks court to reconsider keeping credit card fee rule case in Texas”: Nate Raymond of Reuters has this report.
“Medical emergencies collide with abortion bans at Supreme Court; Greater access to medication abortion and protecting access to emergency reproductive care headlined President Joe Biden’s response to Dobbs v. Jackson Women’s Health Organization; The Supreme Court put both policies on its docket this term”: Kelsey Reichmann of Courthouse News Service has this report.
“Newman’s Counsel Says Supreme Court’s Agreement with Her Dissent Proves Mental Fitness”: Eileen McDermott has this post at the “IPWatchdog” blog.
“The homeless right-to-camp issue comes to the Supreme Court”: Columnist George F. Will has this essay online at The Washington Post.
And online at Slate, David H. Gans has a Jurisprudence essay titled “Will the Supreme Court Uphold the 14th Amendment and Block an Oregon Law Criminalizing Homelessness?“
“Gun makers urge US Supreme Court to hear appeal in Mexico’s lawsuit”: Nate Raymond of Reuters has this report.
“Fetal Personhood Fight Underlies Supreme Court Abortion Case; Idaho abortion ban conflicts with federal law, US says; Reading of statute key question in appeal”: Lydia Wheeler of Bloomberg Law has this report.
And Eleanor Klibanoff of The Texas Tribune reports that “Texas, Idaho abortion bans test against federal emergency medicine rule; Hospitals are required to stabilize anyone experiencing a medical emergency; Two lawsuits question whether that includes performing an abortion, despite state laws.”
“Emergency rooms refused to treat pregnant women, leaving one to miscarry in a lobby restroom”: Amanda Seitz of The Associated Press has this report.
“DEI ‘lives on’ after Supreme Court ruling, but critics see an opening; Legal experts largely agreed the Muldrow decision lowered the bar in workplace bias claims, but views diverged on how that standard would play out in DEI cases”: Julian Mark of The Washington Post has this report.
“Jan. 6 Case Will Test the Supreme Court’s Hypocrisy; The court’s conservative justices love to call themselves textualists; This case gives them a chance to prove it”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“The Supreme Court Asks What Enron Has to Do with January 6th — and Trump; The former President notwithstanding, the government’s position in Fischer v. United States is unsettling”: Amy Davidson Sorkin has this Daily Comment online at The New Yorker.
“Fifty-Time Supreme Court Litigator Keeps Justices on Their Toes; Lisa Blatt the first woman to argue 50 cases at high court; Advocates for women to have passions separate from profession”: Lydia Wheeler of Bloomberg Law has this report.
“Third Circuit panel skeptical of felon’s right-to-carry claim; A public defender asked the appeals court to consider whether his client’s past crime of carrying an unlicensed firearm should rob him of the right to bear arms”: Alexandra Jones of Courthouse News Service has this report.
You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit via this link.
“Oregon city forces Supreme Court to contend with national homelessness crisis; The high court will balance a city’s police power against the rights of the unhoused”: Kelsey Reichmann of Courthouse News Service has this report.
“US Senate panel advances 7th Circuit nominee Maldonado”: Nate Raymond of Reuters has this report.
“You’ll Never Guess Who Doesn’t Want to Repeal a Zombie Abortion Ban; Democrats are getting pressure from abortion rights groups to keep the Comstock Act in place”: Ben Metzner has this essay online at The New Republic.
“Conservatives Revolt Against Miers Nomination; A resounding no to George W. Bush’s ‘trust me’”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“The Fifth Circuit did the absolute least it should do this week — and that’s news; The court issued a trio of orders declining to have the full court review decisions that conservatives seeking to transform the law lost before three-judge panels”: Chris Geidner has this post at his Substack site.
“James Ho Accidentally Makes Powerful Case For Robust Judge-Shopping Reforms; Against all odds, the federal judge who once unironically used the phrase ‘woke Constitution’ has written something even dumber”: Jay Willis has this essay online at Balls and Strikes.
“Women’s Rights Are Being Rolled Back to a Time Before Women Could Vote; If you thought overturning Roe was bad . . .” Jill Filipovic has this Jurisprudence essay online at Slate.
“Fourth Circuit finds West Virginia ban on transgender athletes unconstitutional; A divided panel found West Virginia violates Title IX by excluding transgender student-athletes from participating in the teams of their choosing”: Joe Dodson of Courthouse News Service has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
“Delay & Denials of Preliminary Injunctions: Perceived urgency for a ruling on a preliminary-injunction led the Fifth Circuit to conclude that the district court’s delay in deciding amounted to an appealable denial.” Bryan Lammon has this post at his “final decisions” blog.
“Conservative US appeals court prods Supreme Court to review shield for US agency heads”: Alison Frankel’s “On the Case” from Reuters has this post about an order denying rehearing en banc, and the opinions concurring therein and dissenting therefrom, that the U.S. Court of Appeals for the Fifth Circuit issued yesterday.
“Biden Sixth Circuit Pick Pressured by Republicans on Ethics; GOP alleges Kevin Ritz acted unethically in criminal case; Also asked about man killed alongside officer in shootout”: Tiana Headley of Bloomberg Law has this report.
And Benjamin S. Weiss of Courthouse News Service reports that “Blue slips off the table for Dems as Senate spars over Sixth Circuit nominee Ritz; Republicans on the Senate Judiciary Committee were incensed that the White House moved forward with the appellate court appointment without consulting home state senators.”