“John Roberts takes center stage in the battle over student loan forgiveness”: Joan Biskupic of CNN has this news analysis.
Posted at 11:45 PM by Howard Bashman
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![]() Wednesday, March 1, 2023
“John Roberts takes center stage in the battle over student loan forgiveness”: Joan Biskupic of CNN has this news analysis. Posted at 11:45 PM by Howard Bashman“Georgia Supreme Court justice finds value in being uncomfortable; The Honorable Verda M. Colvin shares lessons during Holmes-Hunter Lecture”: Krista Richmond of UGA Today has this report. You can view the lecture online, because the University of Georgia has posted on YouTube a video titled “2023 Holmes-Hunter Lecture.” Posted at 11:40 PM by Howard Bashman“Pa. High Court Poised to Kick Off 2023 Argument Session; Three cases in particular have captured the attention of the plaintiffs and defense bars, with advocates on both sides appearing as amici in matters impacting the realms of medical malpractice, products liability and venue”: Aleeza Furman of The Legal Intelligencer has this report. As the article notes, I will be arguing two of the cases mentioned in the headline on behalf of the plaintiffs-appellees in each case. Posted at 10:53 PM by Howard Bashman“Standing for Gravediggers? A Comment on the SG’s Concession in the Student Debt Forgiveness Case and a Coda on the Major Questions Doctrine and Fairness.” Michael C. Dorf has this post at his blog, “Dorf on Law.” Posted at 7:03 PM by Howard Bashman“Washington lawyer Tom Goldstein leaves Supreme Court practice, law firm”: David Thomas of Reuters has this report. And Kimberly Strawbridge Robinson and Lydia Wheeler of Bloomberg Law report that “Tom Goldstein Retires from High Court Bar After Reinventing Path; Goldstein argued 45 cases before justices; Took unusual path to Supreme Court advocacy” (subscription required for full access). Today, the law firm of Goldstein, Russell & Woofter LLC issued a news release titled “Kevin Russell and Daniel Woofter Announce New Firm.” Posted at 6:42 PM by Howard Bashman“Amy Coney Barrett Thinks the Constitution Is Optional For State Courts; Her dissent in Cruz v. Arizona bends over backwards to accommodate states that want to execute as many people as possible”: Yvette Borja has this post at Balls and Strikes. Posted at 1:24 PM by Howard Bashman“A San Diego judge had a defendant’s 13-year-old daughter handcuffed. Now the incident is under review. U.S. District Judge Roger Benitez said he was trying to scare girl away from drugs and ending up in court, but studies show ‘scared straight’ tactics don’t work.” Alex Riggins of The San Diego Union-Tribune has an article that begins, “A misconduct complaint against San Diego-based U.S. District Judge Roger Benitez, who ordered a U.S. marshal to handcuff a defendant’s 13-year-old daughter during a hearing, will be reviewed by a higher court, the U.S. 9th Circuit Court of Appeals said Tuesday.” The Judicial Council of the U.S. Court of Appeals for the Ninth Circuit issued this order yesterday. Posted at 1:20 PM by Howard Bashman“Dark money and special deals: How Leonard Leo and his friends benefited from his judicial activism; The Federalist Society co-chairman’s lifestyle took a lavish turn after he became Donald Trump’s adviser on judicial nominations.” Heidi Przybyla of Politico has this report. Posted at 12:32 PM by Howard Bashman“SCOTUS’ Predictions Based on Lower Court Judges”: Adam Feldman has this post at his “Empirical SCOTUS” blog. Posted at 12:24 PM by Howard Bashman“Why Elite Law and Medical Schools Can’t Stand U.S. News; Our rankings provide students vital, accurate data; Administrators don’t like to be held accountable”: Eric J. Gertler, executive chairman and CEO of U.S. News & World Report, has this op-ed in today’s edition of The Wall Street Journal. Posted at 12:18 PM by Howard Bashman“The Role of the Modern State Solicitor General: Current and Former SGs Weigh In.” The Federalist Society has posted this video on YouTube. Posted at 12:12 PM by Howard Bashman“Supreme Court Weighs Future of New York Harbor Commission; Justices hear arguments on whether anti-racketeering agency has outlived its purpose”: Paul Berger and Jess Bravin of The Wall Street Journal have this report. Posted at 12:08 PM by Howard Bashman“2023 Scalia Lecture | William Baude: ‘Beyond Textualism?'” Harvard Law School has posted this video on YouTube. In news coverage, Neil H. Shah of The Harvard Crimson reports that “UChicago Law Professor William Baude Discusses Textualism At Harvard Law School’s Annual Scalia Lecture.” Posted at 10:15 AM by Howard BashmanTuesday, February 28, 2023
“Supreme Court Appears Skeptical of Biden’s Student Loan Forgiveness Plan; The administration faced a conservative court that has insisted that government initiatives with major political and economic consequences be clearly authorized by Congress”: Adam Liptak of The New York Times has this report. Robert Barnes, Danielle Douglas-Gabriel, and Ann E. Marimow of The Washington Post report that “On student loan forgiveness, conservative justices skeptical of Biden plan; Roberts and others said Congress should be involved in such an expensive endeavor, and they questioned the plan’s fairness.” David G. Savage of The Los Angeles Times reports that “Supreme Court casts more doubt on Biden’s plan to forgive student loans.” Jess Bravin of The Wall Street Journal reports that “Supreme Court Signals Skepticism on Biden’s Effort to Forgive Student Debt; Chief justice questions program’s fairness to those without college loans.” John Fritze, Joey Garrison, Chris Quintana, and Alia Wong of USA Today have an article headlined “‘Massive new program’: Supreme Court majority signals skepticism over Biden’s student loan forgiveness plan.” Alex Swoyer and Stephen Dinan of The Washington Times report that “Supreme Court signals skepticism of Biden’s student loan forgiveness plan.” In commentary, online at Slate, Mark Joseph Stern has a jurisprudence essay titled “The Supreme Court’s Conservatives Tried Very Hard Today to Find a Good Reason to Screw Biden; But they couldn’t find any good reason.” And online at Vox, Ian Millhiser has an essay titled “You probably won’t get any student loan relief, thanks to a GOP-controlled Supreme Court; At the end of the day, the most important question in US law is which political party controls the Supreme Court.” Posted at 11:50 PM by Howard Bashman“Equal Rights Amendment Backers Defeated in D.C. Court Appeal”: Chris Marr of Bloomberg Law has this report on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today. Posted at 1:44 PM by Howard Bashman“Supreme Court to Take Up Case on Fate of Consumer Watchdog; A decision against the bureau could cast doubt on every rule and enforcement action the Consumer Financial Protection Bureau has taken”: Adam Liptak has this article in today’s edition of The New York Times. Robert Barnes of The Washington Post reports that “Supreme Court takes up challenge that threatens consumer watchdog agency.” Jess Bravin and Andrew Ackerman of The Wall Street Journal report that “Supreme Court to Hear Challenge to Consumer Bureau’s Funding; Lower court struck down independent funding system designed for the Consumer Financial Protection Bureau.” And Alex Swoyer and Stephen Dinan of The Washington Times report that “Supreme Court to hear challenge to Elizabeth Warren’s Consumer Financial Protection Bureau.” Posted at 12:14 PM by Howard Bashman“Man whose ‘Cops Ahead’ warning sign got him arrested can sue police; Connecticut attempted to prosecute Michael Friend for police interference but dropped the charges, saying his warning sign actually aided cops in their efforts to curb distracted driving”: Nina Pullano of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued yesterday. Posted at 11:58 AM by Howard BashmanMonday, February 27, 2023
“Conservatives Have a New Rallying Cry: Down With ESG; A Federalist Society veteran is heading up a multimillion-dollar effort to push anti-ESG messaging and legislation.” Julie Bykowicz and Angel Au-Yeung of The Wall Street Journal have this report. Posted at 11:11 PM by Howard Bashman“New York’s Gun Laws Sow Confusion as Nation Rethinks Regulation; A Supreme Court decision overturning century-old New York gun regulations has produced scores of new lawsuits as jurists and citizens sort out what’s legal”: Jonah E. Bromwich has this front page article in today’s edition of The New York Times. Posted at 11:06 PM by Howard Bashman“‘Disturbed by Some Language’: Judge Concerned by Rise in Combative Opinions; ‘I’m a little disturbed by some language I see from time to time in the present day that is a bit more combative than what I’ve seen in the past . . . It’s something we judges need to keep in mind,’ said Judge D. Brooks Smith.” Avalon Zoppo of The National Law Journal has this report. Smith made the remarks during a recent Supreme Court Historical Society talk titled “Civics and American Democracy: Judicial Independence: A Look Back, A Look Forward” (YouTube video link). Posted at 11:02 PM by Howard Bashman“The Texas judge who could take down the abortion pill; A devout Christian, Matthew Kacsmaryk has been shaped by his deep antiabortion beliefs”: Caroline Kitchener and Ann E. Marimow of The Washington Post have this report. Posted at 10:54 PM by Howard BashmanSunday, February 26, 2023
Programming note: I will be traveling for most of the day on Monday. As a result, new posts will not appear here until Monday night, although this blog’s Twitter feed will likely feature occasional updates. At 9:30 a.m. eastern time on Monday, the U.S. Supreme Court is scheduled to issue an Order List, which you can access thereafter via this link. At “SCOTUSblog,” John Elwood recently had this preview of some of the cases under consideration. Posted at 10:54 PM by Howard Bashman“Judicial Notice (02.25.23): Never Mind; SCOTUS has second thoughts about Section 230, a law firm sues one of its own for ‘quiet quitting,’ and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site. Posted at 10:49 PM by Howard Bashman“How a Supreme Court justice’s paragraph put the Voting Rights Act in more danger”: Hansi Lo Wang of NPR has this report. Posted at 10:46 PM by Howard Bashman“Texas asks a Trump judge to declare most of the federal government unconstitutional; Ordinarily, this lawsuit would be laughed out of court; But you never can tell with Trump’s judges”: Ian Millhiser has this essay online at Vox. Posted at 10:43 PM by Howard BashmanSaturday, February 25, 2023
“The King, Student-Loan Forgiveness, and the Supreme Court; The Justices hear an historic case on the limits of presidential power”: This editorial appears in today’s edition of The Wall Street Journal. Posted at 1:29 PM by Howard BashmanFriday, February 24, 2023
“Consovoy Boutique Firm Back to High Court for Student Loans”: Kimberly Strawbridge Robinson of Bloomberg Law has a report that begins, “J. Michael Connolly, who has spent his career behind the scenes in US Supreme Court cases, will make his argument debut in a high-stakes challenge to President Joe Biden’s $400 billion student loan debt relief program.” Posted at 8:46 PM by Howard Bashman“Appeals court pulls back on N. Carolina ‘ag-gag’ law ruling”: Gary D. Robertson of The Associated Press has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued yesterday. Posted at 8:38 PM by Howard Bashman“How can we measure the influence of President Biden’s court of appeals judges?” Derek T. Muller recently had this post at his “Excess of Democracy” blog. Posted at 8:27 PM by Howard Bashman“Mike Pence’s Dangerous Gambit”: Former Fourth Circuit Judge J. Michael Luttig has this guest essay online at The New York Times. Posted at 8:09 PM by Howard Bashman“Judge Harry Pregerson doc inspires at San Diego film festival; A documentary about former Ninth Circuit Judge Harry Pregerson offers a peek into his life, philosophy and legacy inside and outside the courtroom”: Sam Ribakoff of Courthouse News Service has this report. You can view the trailer for the film “9th Circuit Cowboy — The Long, Good Fight of Judge Harry Pregerson” via this link. Posted at 5:26 PM by Howard Bashman“Biden nominates lawmaker’s son-in-law to bench again, but to lower court”: Nate Raymond of Reuters has a report that begins, “A Kansas prosecutor nominated last year to a seat on a federal appeals court has been renominated by President Joe Biden on Wednesday — but this time to a position as a lower-court judge in his home state.” Posted at 5:18 PM by Howard Bashman“Republicans request Biden’s court-packing commission turn over documents”: Alex Swoyer of The Washington Times has an article that begins, “House Judiciary Committee Chairman Jim Jordan has asked the leaders of President Biden’s panel probing an expansion of the Supreme Court to turn over their communications with each other and the White House. Mr. Jordan’s request on Friday was joined by the top Republican on the Senate Budget Committee, Sen. Charles E. Grassley of Iowa and South Carolina Sen. Lindsey Graham, the top Republican on the Senate Judiciary Committee.” Politico has posted the letters here and here. Posted at 5:11 PM by Howard Bashman“SCOTUS stocks docket with blockbuster regulatory battles”: Pamela King of Greenwire has this report. Posted at 5:06 PM by Howard Bashman“Supreme Court’s pro-gun ruling could mean 150 more firearms deaths a year, Rand Corp. says”: In today’s edition of The Washington Times, Stephen Dinan has a front page article that begins, “The Rand Corp. has put a death toll on last year’s gun rights Supreme Court ruling, calculating that more permissive concealed-carry permit laws would lead to at least 150 additional firearms deaths each year.” Posted at 5:03 PM by Howard Bashman |
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