“Harvard enrolls fewer Black freshmen after affirmative action ban”: Hilary Burns of The Boston Globe has this report.
Anemona Hartocollis of The New York Times reports that “Harvard’s Black Student Enrollment Dips After Affirmative Action Ends; Defying expectations, a Supreme Court decision curtailing race-based admissions still had a relatively small impact at some highly selective schools like Harvard, even as other schools saw big changes.”
And Elyse C. Goncalves and Matan H. Josephy of The Harvard Crimson report that “Harvard Reports Drop in Black Enrollment; The change in the demographic data for the Class of 2028 comes more than one year after the Supreme Court ruled Harvard’s race-conscious admissions practices unconstitutional.”
“The Defense Secretary Revoked a Plea Deal in the 9/11 Case. Or Did He? How the latest controversy in the long-running death-penalty case at Guantánamo Bay could play out.” Carol Rosenberg of The New York Times has this report.
“The Most Satisfying Moment of the Harris-Trump Debate”: Dahlia Lithwick has this Jurisprudence essay online at Slate.
“Rivera, Magbanua return to Tallahassee in advance of Donna Adelson’s murder for hire trial; Both were booked into the Leon County jail on Monday, records show”: Julie Montanaro of WCTV of Tallahassee, Florida has this report.
“Missouri Supreme Court keeps abortion rights measure on November ballot, ending challenge”: Jonathan Shorman and Kacen Bayless of The Kansas City Star have this report.
Kate Zernike of The New York Times reports that “Missouri High Court Restores Abortion Measure to Ballot; The court ruled hours before the state’s deadline for printing ballots for absentee voters.”
And Anna Spoerre of Missouri Independent reports that “Missouri Supreme Court rules amendment legalizing abortion will remain on ballot; The court ordered Secretary of State Jay Ashcroft to tell local election authorities to put Amendment 3 on the Nov. 5 ballot.”
You can view this afternoon’s order of the Supreme Court of Missouri at this link.
“Alaska Judge’s Sex Scandal Brings Scrutiny to US Attorney Tucker”: Ben Penn of Bloomberg Law has this report.
“Opioid plaintiffs’ committee urges US appeals court to toss fee bid by shut-out law firms”: Alison Frankel’s “On the Case” from Reuters has this post.
“Justice Alito’s Stock Portfolio Stands Apart on US Supreme Court; Stock holdings are allowed, but force numerous case recusals; Alito is the only justice with a stake in dozens of companies”: Emily Birnbaum of Bloomberg News has this report.
“Missouri Supreme Court to decide fate of abortion amendment”: Natanya Friedheim and Fletcher Mantooth of The Columbia Missourian have this report.
And Summer Ballentine of The Associated Press reports that “Missouri Supreme Court to decide whether an abortion-rights amendment goes before voters.”
“Minority enrollment holds steady at top U.S. law schools, early data indicates”: Karen Sloan of Reuters has this report.
“Conservative activist launches $1bn crusade to ‘crush’ liberal America; Leonard Leo was architect of effort to secure conservative supermajority on the Supreme Court”: Alex Rogers of Financial Times has this report.
“Why Mike Lee Folded: In 2016, he tried to stop Trump from becoming president. By 2020, he was trying to help Trump overturn the election. Now he could become Trump’s attorney general.” Tim Alberta has this article in the October 2024 issue of The Atlantic.
“He Worked for a Law Firm Consulting on an Anti-Trans Supreme Court Case. Then We Asked About These Racist Posts. A WIRED investigation reveals that one of two lawyers known to have worked for or with Lawfair, a firm working on a case that could affect minors’ access to gender-affirming care, has ties to accounts with long histories of posting white supremacist content.” David Gilbert of Wired has this report.
“Supreme Court Is Swamped With Emergency Appeals, Led by Challenges to EPA; Away from its main docket, conservative-led court has been willing to intervene in cases early”: Jess Bravin of The Wall Street Journal has this report.
“Texas Sues for Access to Records of Women Seeking Out-of-State Abortions; The lawsuit takes aim at federal privacy rules, including one enacted this year that Ken Paxton, the state attorney general, called ‘a backdoor attempt at weakening Texas’ laws’”: Michael Wines of The New York Times has this report.
“Donna Adelson in court again for motion hearing ahead of her trial in Dan Markel murder”: Last Friday, Jeff Burlew of The Tallahassee Democrat had this report.
“Kagan Sees Threats to Everyday Rights Beyond Abortion; The justice said the Supreme Court’s reasoning in the Dobbs case called into question access to contraception as well as gay and interracial marriage”: Jodi Kantor of The New York Times has this report.
Ann E. Marimow of The Washington Post has an article headlined “Justice Kagan: Lower court judges could enforce Supreme Court ethics code; Interviewed at New York University law school, Justice Elena Kagan also discussed the emergency docket and the historic number of women on the high court.”
Maureen Groppe of USA Today reports that “Justice Elena Kagan stands by idea for enforcing Supreme Court ethics code; Kagan declined to engage with the charge that her suggestion is `somewhat treasonous.’”
John Fritze of CNN reports that “Justice Kagan reinforces her support for enforceable ethics code at Supreme Court.”
Lawrence Hurley of NBC News reports that “Justice Elena Kagan elaborates on potential Supreme Court ethics code enforcement; Kagan said a panel of lower court judges could effectively weigh claims of ethics violations.”
And Josh Gerstein of Politico reports that “Elena Kagan keeps pressing for ethics code enforcement at Supreme Court; The justice also discussed long-term consequences of the court’s abortion ruling.”
“Time Running Out to Confirm Remaining Biden Judicial Nominees; Senate session impacted by election, lame duck; More than 30 nominees pending, including six to appellate courts”: Tiana Headley of Bloomberg Law has this report.
“How Different Are the Trump Judges?” Law professors Stephen J. Choi and Mitu Gulati have posted this paper at SSRN.
“Reform, Repression, & Reproductive Rights (Live from Texas!)”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.
“Long Prison Terms Deserve a Second Look and ‘a Little Humanity,’ Judge Argues; In a new book, Judge Frederic Block, who has served for decades, urged courts to vindicate the promise of the First Step Act, which lets prisoners ask for compassionate release from their sentences”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.
“The Gossip Girl-like dynamics of the Supreme Court; Every family is bound to have drama, including the nine-person ménage on the Supreme Court; Hints of tensions and frustrations were noticeable this part term — with Amy Coney Barrett in the center of the drama”: Ariana Baio of The Independent (UK) has this report.
“Why Trump’s Conviction Can’t Stand; It rests on an intent to violate a state law that is pre-empted by the Federal Election Campaign Act”: David B. Rivkin Jr. and law professor Elizabeth Price Foley will have this op-ed in Monday’s edition of The Wall Street Journal.
“Judicial Notice (09.08.24): Undecided; The Biglaw partner leading Kamala Harris’s debate prep, the largest law-firm merger of 2024, and a new AI-related opinion from Judge Kevin Newsom.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Only the First Amendment Can Protect Students, Campuses and Speech”: Law professor Cass R. Sunstein has this guest essay online at The New York Times.
“Wabash Faces $462 Million Verdict in Truck-Trailer Crash; The freight transport equipment maker says it is looking at legal options in the verdict involving a 2019 crash in Missouri”: Colin Kellaher of The Wall Street Journal has this report.
“Justice Amy Coney Barrett describes coming home with bulletproof vest; The comments by the Supreme Court justice were part of a 45-minute conversation at a conference Friday”: Justin Jouvenal of The Washington Post has this report.
And Michael Karlik of Colorado Politics reports that “Justice Melissa Hart speaks out about threats following Trump disqualification decision; ‘We live in a time right now that is disturbingly divided and disturbingly violent. And this can’t continue,’ said Hart.”
“Presidential Immunity From Plato to Trump; The framers didn’t want a king, but a republic with a strong executive was an innovation in 1787”: Harvey C. Mansfield has this op-ed in today’s edition of The Wall Street Journal.
“Massachusetts court weighs fate of $70,000 engagement ring”: Nate Raymond of Reuters has this report.
“US judge runs ‘mini-experiment’ with AI to help decide case”: Nate Raymond of Reuters has this report.
You can access Thursday’s very interesting decision of a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit (which consists of a majority opinion and two concurring opinions) at this link.
“TikTok turns to Supreme Court vets in case over potential US ban”: Mike Scarcella of Reuters has this report.
“The Most Revealing Detail of the Ginni Thomas Scandal Doesn’t Involve Ginni Thomas; A conservative activist’s assertion that Justice Elena Kagan’s support for ethics reform is ‘treasonous’ raises obvious questions about to whom, exactly, he thinks Supreme Court justices owe their loyalty”: Jay Willis has this essay online at Balls and Strikes.
“Judges appear skeptical as Trump seeks new trial in E. Jean Carroll case; Trump attended oral arguments in his appeal of the 2023 E. Jean Carroll verdict”: Aaron Katersky, Lucien Bruggeman, and Olivia Rubin of ABC News have this report.
Victoria Bekiempis of The Guardian reports that “Court questions merit of Trump appeal of $5m E Jean Carroll judgment; Ex-president attempts to overturn 2023 judgment after jury found that Trump sexually abused and defamed writer.”
Alex Swoyer of The Washington Times has an article headlined “Trump’s lawyer on E. Jean Carroll defamation appeal: ‘Quintessential he said, she said case.’”
Aysha Bagchi of USA Today reports that “Trump listens as E. Jean Carroll lawyer again accuses him of assault in $5 million appeal.”
Jack Queen and Jonathan Stempel of Reuters report that “Trump’s lawyer says E. Jean Carroll verdict tainted by other accusers’ testimony.”
Larry Neumeister and Michelle L. Price of The Associated Press report that “Trump in court as lawyers fight to overturn verdict in E. Jean Carroll sex abuse suit.”
Kara Scannell, Lauren del Valle, Jeremy Herb, and Kate Sullivan of CNN report that “Trump lashes out at women who accused him of assault after court hearing to appeal verdict in Carroll sex abuse case.”
Elizabeth Elkind of Fox News reports that “Trump denies wrongdoing, criticizes lawyers in press conference after E Jean Carroll hearing; ‘I’m disappointed in my legal talent,’ former President Donald Trump said in New York City.”
And Ben Kochman, Georgett Roberts, and Priscilla DeGregory of The New York Post report that “Trump ‘disappointed’ with legal teams as lawyers seek to overturn $5M judgment in E. Jean Carroll case.”
You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
“Justice Alito Reports $900 Concert Tickets, No Trips in Latest Filing; Justice had requested a 90-day extension to submit disclosure; Alito faced scrutiny for a trip with hedge fund billionaire”: Emily Birnbaum and Zoe Tillman of Bloomberg News have this report.
“Books Deals Can Add Up to Millions of Dollars for Supreme Court Justices; For the justices, selling books remains one of the few ways to earn income outside the court”: Abbie VanSickle and Alexandra Alter of The New York Times have this report.
