“Bonus 203: Correcting the Record in the Social Security/DOGE Case; An eye-opening filing by the Department of Justice should give more than a little pause to the justices with respect to one of their earlier grants of emergency relief to the Trump administration.” Steve Vladeck has this post at his “One First” Substack site.
“George W. Bush’s Minor Impact on D.C. Circuit; Key appellate court is left ripe for liberal takeover”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“Bok Choy”: You can access today’s new episode of the “Divided Argument” podcast via this link.
“Ferris High School grad formally sworn in on Washington Supreme Court”: Mitchell Roland of The Spokesman-Review of Spokane, Washington has this report.
“‘The Justices Might Actually Have to Say No, Even to the President’”: Law professors Kate Shaw, William Baude, and Stephen I. Vladeck have this written discussion online at The New York Times.
“ALI Elects Wallace B. Jefferson, Former Chief Justice of the Supreme Court of Texas, as Its Next President”: The American Law Institute issued this news release today.
“Race looms large in gun-rights arguments at Supreme Court; The justices debated post-Civil War ‘Black codes’ as they mulled a Hawaii law limiting guns in public places”: Josh Gerstein of Politico has this report.
“The full Fed battle”: Mark Walsh has this View from the Court post at “SCOTUSblog.”
“Supreme Court conservatives have downplayed Trump’s conduct. The Fed case may change that.” Joan Biskupic of CNN has this news analysis.
“Supreme Court Seems Poised to Reject Trump’s Attempt to Immediately Fire a Fed Governor; During arguments, key justices appeared concerned that the president’s efforts to oust Lisa Cook could imperil the central bank’s independence”: Ann E. Marimow of The New York Times has this report.
Colby Smith and Tony Romm of The New York Times report that “Supreme Court Hearing Reveals Unease Over Threats to Fed Independence; As the justices weighed the consequences of allowing President Trump to fire a Federal Reserve official, the president reprised his pressure campaign on the central bank.”
Justin Jouvenal and Andrew Ackerman of The Washington Post report that “Supreme Court appears likely to allow Lisa Cook to remain on Fed board; Such a decision, which would hold while a lawsuit challenging her removal plays out, would prevent Trump from exerting greater influence over the powerful central bank.”
David G. Savage of The Los Angeles Times reports that “Supreme Court wary of Trump’s bid to fire Fed governor Lisa Cook.”
James Romoser and Nick Timiraos of The Wall Street Journal report that “Supreme Court Balks at Trump’s Push to Control the Fed; Most justices voice skepticism about the president’s bid to fire Fed governor Lisa Cook.”
Maureen Groppe and Rachel Barber of USA Today have an article headlined “Can Trump fire Fed’s Lisa Cook? Supreme Court seems doubtful; President Trump’s attempt to remove Lisa Cook from the Federal Reserve board is part of his effort to assert unprecedented control of the economy.”
Alex Swoyer and Stephen Dinan of The Washington Times report that “Supreme Court casts doubt on Trump’s firing of Fed Governor Lisa Cook.”
In commentary, The Wall Street Journal has published an editorial titled “Trump’s Tough Day at the Supreme Court; The Justices sound ready to frown on his firing of Lisa Cook.”
And online at Balls and Strikes, Madiba K. Dennie has an essay titled “John Roberts Does Not Want Trump Messing With His Money; The conservative supermajority has shown a willingness to let Trump do almost anything he wants; But not when the global economy might be at stake.”
“Speaker Johnson Backs Efforts to Impeach Judges Over Rulings”: Suzanne Monyak of Bloomberg Law has this report.
“Appeals Court Stays Restrictions on Federal Tactics in Minnesota; The Eighth Circuit granted the Trump administration’s request to block, at least for now, a lower court’s injunction limiting how federal agents interact with protesters in the state”: Mitch Smith of The New York Times has this report.
And Mikella Schuettler and Chris Dolmetsch of Bloomberg News report that “Trump Wins Delay on Order Restricting ICE Tactics in Minnesota.”
You can access today’s order of the U.S. Court of Appeals for the Eighth Circuit at this link.
“Ex-Biden Solicitor General Joins Law Firm’s Battle Against Trump”: Justin Henry of Bloomberg News has this report.
“Law firm chief recounts ‘crazy’ bet on Washington lawyer Goldstein’s poker play”: Mike Scarcella of Reuters has this report.
“Right-Leaning Judges Should Learn From RBG, Ikuta and Retire Now”: Law professor Robert Luther III has this essay online at Bloomberg Law.
“The Supreme Court’s ‘History and Tradition’ Test Just Ran Into America’s History and Tradition of Anti-Black Racism; Four years ago, the conservative justices decided that gun laws must be rooted in history in order to comply with the Second Amendment; But they are not always comfortable with the reality this analysis unearths”: Madiba K. Dennie has this essay online at Balls and Strikes.
“Businessman Says He Had Trouble Collecting $6M Poker Debt from Tom Goldstein”: Connor Richards of PokerNews has this report.
“Supreme Court Will Decide if Fed Independence Has Any Legal Teeth; Wednesday’s arguments in the Lisa Cook case come amid a broader Trump campaign to bend the central bank to presidential will”: Nick Timiraos and James Romoser of The Wall Street Journal have this report.
Greg Stohr and Erik Larson of Bloomberg News have a report headlined “Can Trump Fire Lisa Cook? What the Supreme Court Will Consider.”
And in commentary, Wednesday’s edition of The Wall Street Journal will contain an editorial titled “Trump vs. the Fed Goes to the Supreme Court; If he can fire Lisa Cook without cause, he will all but run the central bank.”
“Texas defends law requiring schools to post Ten Commandments; A federal appeals court heard arguments in lawsuits seeking to block Texas and Louisiana from requiring classroom displays of the Ten Commandments”: Jaden Edison of The Texas Tribune has this report.
And Jacqueline Thomsen of Bloomberg Law reports that “Full Fifth Circuit Wary of Ten Commandments Laws’ Challengers.”
“Supreme Court seems skeptical of Hawaii limits on carrying guns; Hawaii’s law bans people from carrying firearms on private property open to the public unless they have the owner’s consent”: Justin Jouvenal of The Washington Post has this report.
And Lydia Wheeler of The Wall Street Journal reports that “Supreme Court Voices Skepticism of Hawaii Law Limiting Guns on Private Property; The state and a handful of others ban guns by default unless the property owner has given express permission.”
“The Department of Justice has become a misnomer with Bondi at the helm; One year in, the depths to which DOJ has sunk was laid bare in an order on Lindsey Halligan’s claims in Virginia and in subpoenas issued against officials in Minnesota”: Chris Geidner has this post at his Substack site.
“Lindsey Halligan out as U.S. attorney following pressure from judges; One federal judge in Virginia sought applications for her replacement; Another called her use of the U.S. attorney title a ‘charade’”: Steve Thompson, Salvador Rizzo, and Jeremy Roebuck of The Washington Post have this report.
Devlin Barrett and Glenn Thrush of The New York Times report that “Halligan Leaves as U.S. Attorney After Mounting Pressure From Judges; For weeks, judges have pressed Ms. Halligan to explain why she continues to identify herself in court filings as the U.S. attorney, despite a ruling in November that she was unlawfully appointed to the job.”
And Ryan J. Reilly and Gary Grumbach of NBC News report that “Trump loyalist Lindsey Halligan leaves her post as a top federal prosecutor; She departs the same day a judge warned her against ‘masquerading’ as the top prosecutor in the Eastern District of Virginia.”
“California Republicans Ask Supreme Court to Block New Congressional Map; Republicans asked the justices to step in after a federal court rejected their claims that the state’s new congressional map violated the Constitution”: Abbie VanSickle and Laurel Rosenhall of The New York Times have this report.
And at his “Election Law Blog,” Rick Hasen has a post titled “Republicans Take Their Challenge to California’s Prop 50 Partisan Gerrymander to the Supreme Court on an Emergency Petition; Chances of Success are Low.”
You can access the court filing at this link.
“Greenland Is Trump’s White Whale; He needs therapy more than the U.S. needs to own the island to ensure its defense”: Columnist Holman W. Jenkins, Jr. will have this op-ed in Wednesday’s edition of The Wall Street Journal.
And at the “Lawfare” blog, Benjamin Wittes has a post titled “The Situation: ‘Evident Clinical Symptoms’; There is no magic bullet solution to a deranged president.”
“Federal judge upholds West Texas A&M drag show ban, short-circuiting student group’s appeal; A final ruling in the case prompted a federal appeals court to cancel oral arguments, set for Friday, on an earlier ruling; Another appeal is expected”: Jessica Priest of The Texas Tribune has this report.
“Ex-Law Partner, Real Estate Mogul Testify in Goldstein Trial”: Holly Barker of Bloomberg Law has this report.
And Sulaiman Abdur-Rahman of The National Law Journal has an article headlined “‘Very Smart Man’: Ex-Firm Partner Testifies at Tom Goldstein’s Criminal Trial; Appellate attorney Kevin Russell testified about his former Goldstein & Russell colleague Tom Goldstein during the SCOTUSblog publisher’s white-collar criminal jury trial in Maryland federal court, describing Goldstein as a ‘very skilled’ lawyer who played poker for money.”
“Maryland Concealed Carry Location Bans Get Mostly Upheld”: Mallory Culhane and Bernie Pazanowski of Bloomberg Law have this report.
You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Update: In other coverage, Salvador Rizzo of The Washington Post reports that “Federal appeals court upholds Maryland gun control restrictions; In a federal lawsuit, a group of gun owners and advocacy groups argued that state bans against firearms in public places such as schools or hospitals violate the Second Amendment.”
In today’s mail: I received a review copy of law professor Elizabeth Chamblee Burch‘s new book, “The Pain Brokers: How Con Men, Call Centers, and Rogue Doctors Fuel America’s Lawsuit Factory.”
“Virginia Court Seeks US Attorney to Succeed Trump Pick Halligan”: Celine Castronuovo of Bloomberg Law has this report.
Today, the U.S. District Court for the Eastern District of Virginia issued this order.
“Supreme Court Doesn’t Rule on Tariffs, With Next Potential Decision in February”: Greg Stohr of Bloomberg News has this report.
“Goldstein to Put His Cards on the Table at His Criminal Trial”: You can access today’s new episode of Bloomberg Law’s “On the Merits” podcast via this link.
“Full Fifth Circuit Faces ‘Unprecedented’ Sitting With Big Cases”: Jacqueline Thomsen of Bloomberg Law has this report.
“A Simple Proposal for the Legal Profession to Regain Its Dignity”: Former U.S. District Judges Shira A. Scheindlin and John Jones III have this guest essay online at The New York Times.
“Fueled by pills, the rate of abortions nationwide keeps rising after Supreme Court’s Dobbs decision”: Sean Salai of The Washington Times has this report.
“Search of Reporter’s Home Tests Law With Roots in a Campus Paper’s Suit; The Stanford Daily lost a 1978 Supreme Court case over the search of its newsroom; But a bipartisan backlash prompted a federal law protecting journalists”: Adam Liptak has this new installment of his “Sidebar” column online at The New York Times.