“Against Incommensurability in the Prop 12 Case and Beyond”: Michael C. Dorf has this post at his blog, “Dorf on Law.”
And at Justia’s Verdict, Dorf has a related essay titled “SCOTUS Endorses Animal Welfare.”
Posted at 8:46 PM by Howard Bashman
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![]() Saturday, May 20, 2023
“Against Incommensurability in the Prop 12 Case and Beyond”: Michael C. Dorf has this post at his blog, “Dorf on Law.” And at Justia’s Verdict, Dorf has a related essay titled “SCOTUS Endorses Animal Welfare.” Posted at 8:46 PM by Howard Bashman“Federal court rules Alabama cannot execute Joseph Smith due to his mental disability”: Hadley Hitson of The Montgomery Advertiser has this report on a unanimous per curiam opinion that a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued yesterday. Posted at 8:08 PM by Howard Bashman“Supreme Court Justice Ketanji Brown Jackson tells law students ‘Survivor’ offers helpful lessons”: Jessica Gresko of The Associated Press has this report. Update: In other coverage, Susan Svrluga of The Washington Post reports that “Justice Ketanji Brown Jackson shares ‘Survivor’ lessons with law grads; The Supreme Court justice offered advice on life and the law, much of it drawn from her favorite TV show.” Posted at 5:23 PM by Howard Bashman“A 95-Year-Old Federal Judge Is Suing to Avoid Taking a Cognitive Test”: Aliza Shatzman has this Jurisprudence essay online at Slate. Posted at 4:18 PM by Howard Bashman“New book ‘Shadow Docket’ explores Supreme Court’s growing influence on American law”: This video segment appeared on yesterday evening’s broadcast of PBS NewsHour. Posted at 4:15 PM by Howard Bashman“The 5th Circuit Is Furious That the Supreme Court Put It in Timeout”: Mark Joseph Stern has this Jurisprudence essay online at Slate. Posted at 4:11 PM by Howard Bashman“Warhol Against the Supreme Court and Beyond”: Jerry Saltz has this post at the “Vulture” blog of New York magazine. Posted at 1:20 PM by Howard Bashman“Ginni Thomas: the Supreme Court justice’s wife caught up in payments scandal; Conservative firebrand faces questions about her own business dealings.” Courtney Weaver of Financial Times has this report. Posted at 1:15 PM by Howard Bashman“Why the Supreme Court Is Blind to Its Own Corruption”: Randall D. Eliason has this guest essay online at The New York Times. Posted at 1:12 PM by Howard Bashman“Will Supreme Court duck latest foie gras fight? Why farmers claim California ban crosses a line.” John Fritze of USA Today has this report. Posted at 1:10 PM by Howard BashmanFriday, May 19, 2023
“Ruling Against Warhol Shouldn’t Hurt Artists. But It Might. The Supreme Court decision over Andy Warhol’s use of Lynn Goldsmith’s Prince photograph was decided on the narrow grounds of a licensing issue. But it could still have a chilling effect.” Blake Gopnik of The New York Times has this news analysis. Posted at 10:04 PM by Howard Bashman“The Clarence Thomas Stories That PBS Refused to Tell: I gave an interview about the Supreme Court justice that ended up on the cutting room floor; Here’s what the network didn’t air.” John C. Danforth will have this op-ed in Saturday’s edition of The Wall Street Journal. Posted at 9:58 PM by Howard Bashman“Abudu narrowly confirmed to Atlanta appeals court by the U.S. Senate”: Tia Mitchell and Bill Rankin of The Atlanta Journal-Constitution have this report. Howard Koplowitz of AL.com reports that “Senate confirms SPLC lawyer Nancy Abudu for U.S. 11th Circuit Court of Appeals judgeship.” Jacqueline Thomsen of Reuters reports that “Senate confirms Biden court pick despite Manchin opposition.” Tiana Headley of Bloomberg Law reports that “Nancy Abudu Confirmed as First Black Woman on Eleventh Circuit; Nancy Abudu known for voting rights litigation; Work for SPLC derided by Republicans.” And Zach C. Cohen of Bloomberg Law reports that “Manchin for First Time Bucks Biden Judge, Narrowing Nominee Path; Senate Democrats face more challenging confirmation battles; Vote was on Nancy Abudu, first Black woman to 11th Circuit.” And Tulane University Law School has posted online a news release titled “Tulane Law alumna becomes 1st Black woman on the 11th Circuit Court of Appeals.” Yesterday, the U.S. Senate voted 49-to-47 to confirm to a seat on the U.S. Court of Appeals for the Eleventh Circuit. Posted at 7:26 PM by Howard Bashman“Supreme Court’s Social Media Ruling Is a Temporary Reprieve; Google and Twitter have prevailed for now, but there are plenty of Section 230 skeptics at the high court — and in Congress”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion. Posted at 4:52 PM by Howard Bashman“Michael Delaney withdraws as US Circuit judge nominee amid controversy over his role as a lawyer in a notorious N.H. sexual assault case”: Jim Puzzanghera of The Boston Globe has this report. Azi Paybarah of The Washington Post reports that “Controversial Biden judicial pick withdraws from consideration.” C. Ryan Barber and Andrew Restuccia of The Wall Street Journal report that “Biden Appeals-Court Pick Michael Delaney Withdraws; Nomination had faced Senate opposition over work representing prep school in sex-assault case.” Seung Min Kim and Mary Clare Jalonick of The Associated Press report that “Federal appeals court nominee withdraws in rare judicial defeat for Biden.” Jacqueline Thomsen of Reuters reports that “Biden appeals court nominee Delaney asks to withdraw after bipartisan opposition.” Madison Alder of Bloomberg Law reports that “Embattled Biden First Circuit Pick Delaney Asks to Withdraw; Criticized over school sex assault case representation; Senate conservatives, liberals voiced opposition.” Sahil Kapur and Frank Thorp V of NBC News report that “Biden nominee Michael Delaney withdraws from consideration as appeals court judge; Delaney, who lacked enough Democratic support to be confirmed, withdrew in a letter sent to the president Thursday.” Tierney Sneed, Lauren Fox, and Arlette Saenz of CNN report that “Biden judicial nominee, under fire for school sexual assault case, withdraws after Democrats balk.” Brianna Herlihy of Fox News has a report headlined “Biden judge withdraws nomination after Democrats fail to find the votes: ‘Wake-up call’; ‘There is hypocrisy in some of these nominations,’ said Sen. Marsha Blackburn, R-Tenn.” Burgess Everett of Politico reports that “Controversial judicial pick asks Biden to withdraw after failing to win Dem support; Several Judiciary Committee Democrats were resisting supporting Michael Delaney, in part because of his past work defending a school in a civil lawsuit over sexual assault.” Jennifer Bendery of HuffPost reports that “Michael Delaney Asks Biden To Withdraw His Judicial Nomination; The president’s controversial court pick, who faced stiff criticism from women’s rights groups, didn’t have the Democratic votes to advance.” Earlier, in February 2023, Chessy Prout had an op-ed online at The Boston Globe titled “I know Michael Delaney. After what he did, he doesn’t deserve to be a judge. His nomination shows me and other survivors of sexual assault that the Biden administration approves of what Delaney and St. Paul’s School put me and my family through.” Posted at 2:15 PM by Howard Bashman“Kagan, Sotomayor Trade Rare Barbs in Warhol High Court Case”: Lydia Wheeler and Kimberly Strawbridge Robinson of Bloomberg Law have this report. Posted at 1:55 PM by Howard Bashman“You Take a Friend on Your Yacht. Is It a Taxable Gift? Billionaire Harlan Crow took Clarence Thomas on lavish trips and more, and that’s shining a spotlight on U.S. gift taxes for everyone. ‘It’s not a gift, it’s a party,’ one tax pro says.” Laura Saunders of The Wall Street Journal has this report. Posted at 1:35 PM by Howard BashmanThursday, May 18, 2023
“Supreme Court Rules Against Andy Warhol in Copyright Case; The justices considered whether the artist was free to use elements of a rock photographer’s portrait of the musician Prince”: Adam Liptak of The New York Times has this report. Robert Barnes of The Washington Post reports that “Supreme Court rules against Warhol Foundation in Prince photo copyright case.” David G. Savage of The Los Angeles Times reports that “Supreme Court rejects Andy Warhol’s use of copyrighted photo of Prince.” Jess Bravin of The Wall Street Journal reports that “Supreme Court Rules Andy Warhol’s Image of Prince Breaches Copyright Laws; Closely watched case pitted photographer against artist.” John Fritze of USA Today reports that “Supreme Court rules against Andy Warhol in copyright case with implications for artists.” And Alex Swoyer of The Washington Times reports that “Supreme Court rules against Andy Warhol in ‘Prince Series’ copyright dispute.” Posted at 8:44 PM by Howard Bashman“Supreme Court Dismisses Case on Pandemic-Era Immigration Measure; The justices acted after the Biden administration announced that the health emergency used to justify the measure, Title 42, was ending”: Adam Liptak of The New York Times has this report on an order that the U.S. Supreme Court issued today. Posted at 8:26 PM by Howard Bashman“Two GOP senators smear a witness to defend Clarence Thomas”: Columnist Ruth Marcus has this essay online at The Washington Post. Posted at 8:07 PM by Howard Bashman“Dodging Fight Over Bruce Babbitt, Clinton Nominates Stephen Breyer; ‘Orrin, you won this one,’ Howard Metzenbaum snarled”: Ed Whelan has this post at his “Confirmation Tales” Substack site. Posted at 5:34 PM by Howard Bashman“Justice Stevens’ papers let researchers peek into Supreme Court’s inner workings”: Mark Walsh has this report online at ABA Journal. Posted at 5:32 PM by Howard Bashman“Behind the scenes in 2000 when Supreme Court liberals thought Nazi and Dred Scott references in gay rights dissent were distracting”: Joan Biskupic of CNN has this report. Posted at 5:28 PM by Howard BashmanWednesday, May 17, 2023
“Rule 59 Motions & the Time to Appeal When There’s No Separate Judgment; The Eleventh Circuit held that a Rule 59 motion doesn’t shorten the appeal clock when the district court doesn’t set out the judgment in a separate document”: Bryan Lammon has this post at his “final decisions” blog. Posted at 10:00 PM by Howard Bashman“Senate panel hails rare unity on Biden nominee for 5th Circuit judge”: Andrew Goudsward of Reuters has this report. Posted at 9:55 PM by Howard Bashman“Who Is Leonard Leo’s Mysterious Dark Money King? America needs to know who Barre Seid is, what kind of country he wants, and just how massive an impact his $1.6 billion gift can have on our political discourse.” Nina Burleigh has this article online at The New Republic. Posted at 9:45 PM by Howard Bashman“Appeals Court Seems Skeptical of F.D.A.’s Approval and Regulation of Abortion Pill; A panel of three judges heard arguments in a lawsuit by anti-abortion groups asking courts to order a widely used drug off the market”: Abbie VanSickle and Pam Belluck of The New York Times have this report. Ann E. Marimow, Caroline Kitchener, and Perry Stein of The Washington Post report that “Appeals court appears likely to restrict access to key abortion pill; Judges aggressively question lawyers for Justice Dept. and drug company about the FDA’s regulation of mifepristone.” Laura Kusisto of The Wall Street Journal reports that “Appeals Court Questions FDA’s Judgment on Abortion Pill; Two-hour hearing marked latest battle over approval and expansion of the drug mifepristone.” Christine Fernando of USA Today reports that “Appeals court hears arguments in abortion pill case.” And Alex Swoyer of The Washington Times reports that “Federal appeals court says government’s defense of abortion pill ‘puzzling’; 5th Circuit skeptical of FDA’s abortion pill approval.” You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit via this link. Posted at 9:40 PM by Howard Bashman“Trust in Supreme Court fell to lowest point in 50 years after abortion decision, poll shows”: Mark Sherman and Emily Swanson of The Associated Press have this report. Posted at 9:17 PM by Howard Bashman“Supreme Court says Illinois may ban sale of rapid-fire assault weapons for now”: David G. Savage of The Los Angeles Times has this report on an order that the U.S. Supreme Court issued today. Posted at 9:14 PM by Howard Bashman“Supreme Court to Rule on Affirmative Action, Student Debt and Internet Companies’ Liability; Justices are set to issue far-reaching opinions in the coming weeks”: Jess Bravin and Jan Wolfe of The Wall Street Journal have this report. Posted at 8:58 PM by Howard Bashman“The Courts Should Be More Political, Not Less”: Online at The New York Times, law professor Jedediah Britton-Purdy has a guest essay that begins, “The details are all too familiar: Last fall, an election in North Carolina flipped the balance of the State Supreme Court from Democrats to Republicans, and in less than six months, the new conservative majority had reversed a decision from last December and ruled that the legislature can gerrymander election maps with no constitutional limit.” Posted at 8:44 PM by Howard Bashman“Breyer Looks Back on Sexism Faced by Female Harvard Classmates; ‘They were having a tougher time than we thought,’ retired Justice Stephen Breyer said of his female peers at Harvard Law School in the early 1960s”: Jimmy Hoover of The National Law Journal has this report. Posted at 8:37 PM by Howard Bashman“Senate Republicans blast judge during hearing over Clarence Thomas’s 2011 ethics review”: Tobi Raji of The Washington Post has this report. And Jess Bravin of The Wall Street Journal reports that “Federal Judge Says Judicial Body Gave 2011 Complaints About Clarence Thomas Short Shrift; Senate Judiciary subcommittee hearing examines how complaints about Thomas gifts, payments to wife were handled internally.” You can view the video of today’s U.S. Senate Judiciary Committee hearing via this link. Posted at 8:33 PM by Howard Bashman“Interview: Emily Bazelon.” Elise Spenner has this post at the “High School SCOTUS” blog. Posted at 2:35 PM by Howard Bashman“A 150-year-old law could help determine the fate of U.S. abortion access; The courts will decide whether the Comstock Act still applies, a question that could be explored at a hearing Wednesday”: Dan Diamond and Ann E. Marimow of The Washington Post have this report. Posted at 1:37 PM by Howard Bashman |
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