“Did a Supreme Court Loss Embolden Trump on the Insurrection Act? In refusing to let the president deploy National Guard troops in Illinois under an obscure law, the justices may have made him more apt to invoke greater powers.” Adam Liptak of The New York Times has this news analysis.
“Goldstein’s Tax Trial Kicks Off with Two Very Different Tales”: Holly Barker of Bloomberg Law has this report.
“Bonus 202: Searching Reporters’ Homes; Wednesday’s search of a Washington Post reporter’s home implicates a series of open questions about when, and to what extent, journalists can themselves be targets or suspects in leak investigations.” Steve Vladeck has this post at his “One First” Substack site.
“When is a Corporation Also New Jersey? A few thoughts on the oral argument in Galette v. N.J. Transit Corp.” William Baude and Stephen E. Sachs have this post at the “Divided Argument” Substack site.
“Conservatives On X Are Pretty Sure Amy Coney Barrett Is Woke Now; The author of the perhaps the most aggressively anti-trans Supreme Court opinion in recent memory is getting branded as an ideological traitor who ignores ‘biological truth’”: Jay Willis has this post at his “Balls & Strikes” Substack site.
In related commentary, online at Balls and Strikes, Willis has an essay titled “How the Conservative Movement’s Anti-Trans Crusade Brought the Supreme Court to Heel; Six years ago, the Court issued a landmark decision protecting the civil rights of trans people; Republicans set about making sure that that would never happen again.”
And Madiba K. Dennie has an essay titled “John Roberts Wouldn’t Recognize an Anti-Trans Law If It Slapped Him in the Face; Last year, the chief justice wrote that banning healthcare for trans kids doesn’t discriminate against trans people; In the trans sports ban cases, he’s ready to look the other way again.”
“SCOTUSblog Publisher Tom Goldstein’s Criminal Jury Trial Begins in Maryland Federal Court; Tom Goldstein, the heavyweight appellate attorney who argued more than 40 cases before the U.S. Supreme Court, denies all charges in his criminal jury trial in Maryland federal court alleging he committed tax crimes and mortgage fraud while amassing large gambling debts”: Sulaiman Abdur-Rahman of The National Law Journal has this report.
“Why Is Congress Funding the Judiciary’s Support for Climate Plaintiffs?” Michael A. Fragoso has this post at the “Bench Memos” blog of National Review.
“US Congress Covid Proxy Vote Gets Full Fifth Circuit Review”: Ryan Autullo of Bloomberg Law has this report (subscription required for full access).
You can access yesterday’s order of the U.S. Court of Appeals for the Fifth Circuit at this link.
“Why Stop at Level Three? Discretion to pose the question in Trump v. Illinois and elsewhere.” William Baude has this post at the “Divided Argument” Substack site.
“7 Predictions For The Legal World In 2026: SCOTUS retirements, $10 million in profits per partner, Trump v. Biglaw, Kirkland v. Wachtell — whatever it ends up being, the year ahead won’t be boring.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Washington lawyer Tom Goldstein accused at trial of hiding huge poker earnings”: Mike Scarcella of Reuters has this report.
“Supreme Court allows Illinois congressman to challenge mail-in balloting; The high court’s 7-2 ruling dealt with the narrow question of whether Republican congressman Michael Bost and others had standing to sue”: Justin Jouvenal and Patrick Marley of The Washington Post have this report.
“The Judge in the Maduro Case Is 92. All Eyes Will Be on His Stamina. Judge Alvin K. Hellerstein was seen drifting in and out of sleep in court last year. The case of Nicolás Maduro, the Venezuelan leader, will test his endurance.” Santul Nerkar of The New York Times has this report.
“Washington lawyer Tom Goldstein accused of hiding millions in poker earnings as trial begins”: Mike Scarcella of Reuters has this report.
“Appeals Court Opens the Door to Mahmoud Khalil’s Rearrest; Any new detention would not come immediately, and Mr. Khalil’s lawyers are almost certain to appeal; But the ruling is a major blow to Mr. Khalil, a Columbia graduate and prominent figure in the pro-Palestinian movement”: Jonah E. Bromwich of The New York Times has this report.
You can access today’s per curiam decision of a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
“In California Prop. 50 Gerrymandering Case, Federal Court on 2-1 Party Line Vote Rejects Preliminary Injunction, Finding California Voters Did Not Intend a Racial Gerrymander”: Rick Hasen has this post at his “Election Law Blog.”
“Court green-lights Prop 50 for 2026 election, denying GOP bid to block new maps”: Bob Egelko of The San Francisco Chronicle has this report.
Jenny Jarvie of The Los Angeles Times reports that “Federal court upholds California’s new congressional districts in a victory for Democrats.”
Laurel Rosenhall of The New York Times reports that “Federal Judges Uphold California’s New Congressional Maps; A panel in Los Angeles sided with Gov. Gavin Newsom in a decision that will help Democrats counter Republican gerrymandering in Texas; Republicans are expected to appeal.”
And Louise Radnofsky of The Wall Street Journal reports that “Judges Uphold California’s New Congressional Map; Justice Department had sought to void a new Democratic-friendly map that was drawn in response to Texas’ redistricting.”
You can access today’s ruling at this link.
“These prosecutors spent years on cases. Then Trump granted pardons. The president’s clemency acts have eroded faith among Justice Department employees that their work will result in accountability, some prosecutors say.” Perry Stein of The Washington Post has this report.
And Melody Gutierrez of The Los Angeles Times reports that “Newsom rejects Louisiana effort to extradite abortion doctor.”
“Newsom Says California Will Not Extradite Abortion Provider to Louisiana; The case, escalating the interstate battle over abortion, is the second time Louisiana has criminally charged out-of-state doctors with sending abortion pills to Louisiana residents”: Pam Belluck of The New York Times has this report.
“Renee Good’s Family Should Be Able to Sue the Officer Who Killed Her”: Law professors Erwin Chemerinsky and Burt Neuborne have this guest essay online at The New York Times.
“Alina Habba wants her old job back; DOJ appeals ruling that disqualified New Jersey’s top federal prosecutor”: Ry Rivard of Politico has this report.
And Celine Castronuovo of Bloomberg Law reports that “Trump DOJ Asks Full Third Circuit to Allow Habba Appointment.”
You can access the petition for rehearing en banc at this link.
“SCOTUS Attorney Thomas Goldstein Played Like A Maniac, Says High-Stakes Poker Opponents; Rick Salomon, Bill Perkins Reminisce About ‘Legendary’ Lawyer Turned Gambler As Jury Selection Begins In Tax Fraud Case”: Michael Kaplan of Card Player has this report.
And in an article published last night, Jared Foretek of Law360 reported that “No Jury Yet In Goldstein Trial, But Celeb Witnesses Possible” (subscription required for access).
“Pentagon Defends Use of Aircraft Painted in Civilian Colors for Boat Strike; Lawmakers have questioned the legality of using the aircraft in attack on an alleged drug vessel in the Caribbean”: Lara Seligman of The Wall Street Journal has this report.
“Rubio says court hearings no longer possible for deported Venezuelans; A judge’s order to provide hearings to dozens of hastily deported migrants would upset U.S. foreign policy in the wake of Nicolás Maduro’s ouster, officials said”: Salvador Rizzo of The Washington Post has this report.
“Louisiana Indicts Another Out-of-State Doctor Over Abortion Pills; The indictment, followed by a request to extradite the doctor from California, is an escalation of Louisiana’s efforts to counter states that support providing abortions”: Emily Cochrane and Pam Belluck of The New York Times have this report.
“Underground rappers who held Florida couple hostage push 11th Circuit for new trial; The three men claim forcing a woman to withdraw cash from an ATM does not constitute bank robbery”: Megan Butler 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 Eleventh Circuit at this link.
“Ninth Circuit Overturns Exception to Criminal Plain Error Review”: Isaiah Poritz of Bloomberg Law has this report.
You can access today’s ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
“10th Circuit affirms murder conviction of woman who claims prosecutors slut-shamed her onto death row; The U.S. Supreme Court ordered Brenda Andrew’s case be reconsidered after hearing that Oklahoma prosecutors used sexist stereotypes like calling her a ‘slut puppy’ to convince a jury she should be executed for her husband’s murder”: Amanda Pampuro of Courthouse News Service has this report.
You can access today’s ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
“The Supreme Court Gets Back to Work; The Justices are heading into a busy, contentious season; The mood seems brittle”: Amy Davidson Sorkin has this essay online at The New Yorker.
“DOJ Backs Virginia Prosecutor, Slams Judge Challenging Her Title”: Chris Strohm of Bloomberg News has this report.
“Gorsuch Stands Out From Conservative Bloc in Trans Athlete Fight”: Justin Wise and Jordan Fischer of Bloomberg Law have this report.
“Trump Blasted Federal Prosecutors at White House Event, Calling Them Weak; The president criticized a group of U.S. attorneys at a photo shoot, a day before Federal Reserve subpoenas”: Sadie Gurman, C. Ryan Barber, and Josh Dawsey of The Wall Street Journal have this report.
“Top prosecutors in D.C., Minneapolis leave amid turmoil over shooting probe; Prosecutors in the U.S. attorney’s office left after pressure to investigate the widow of a woman slain by an ICE officer”: Perry Stein of The Washington Post has this report.
And Ernesto Londoño of The New York Times reports that “Six Prosecutors Quit Over Push to Investigate ICE Shooting Victim’s Widow; Joseph H. Thompson, a career federal prosecutor who was the acting U.S. attorney for Minnesota last year, was among those who resigned as the Justice Department sought to examine the woman’s supposed ties to activist groups.”
“Joe Thompson, U.S. Attorney who prosecuted Minnesota fraud, resigns with other senior members; Thompson’s resignation was followed by several others, including two top ranking criminal prosecutors in the office; Thompson has been at the center of the national debate on fraud in Minnesota and has claimed that billions of dollars have been stolen from taxpayers”: Jeff Day and Sarah Nelson of The Minnesota Star Tribune have this report.
“Supreme Court Appears Likely to Uphold Transgender Sports Bans; The cases are the latest to ask the justices to weigh in on gender identity issues”: James Romoser and Louise Radnofsky of The Wall Street Journal have this report.
And Greg Stohr of Bloomberg News reports that “Supreme Court Suggests Support for Laws Curbing Trans Athletes.”