“A Federal Judge Asks: Does the Supreme Court Realize How Bad It Smells?” Senior U.S. District Judge Michael Ponsor (D. Mass.) has this guest essay online at The New York Times.
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Friday, July 14, 2023
“A Federal Judge Asks: Does the Supreme Court Realize How Bad It Smells?” Senior U.S. District Judge Michael Ponsor (D. Mass.) has this guest essay online at The New York Times. Posted at 1:44 PM by Howard BashmanThursday, July 13, 2023
“What Senate Deference On Lower-Court Nominations Meant; . . . and how far the Senate has moved away from that practice”: Ed Whelan has this post at his “Confirmation Tales” Substack site. Posted at 9:35 PM by Howard Bashman“303 Creative: What happens when an arguably narrow SCOTUS decision meets 2023; Part II: While some legal scholars have spent the past two weeks explaining how narrow the First Amendment decision is, people who want to discriminate are . . . discriminating.” Chris Geidner has this post at his “Law Dork” Substack site. Posted at 9:26 PM by Howard Bashman“Texas judge who doesn’t want to perform gay marriage ceremonies hopes web designer’s Supreme Court case helps her fight; McLennan County Justice of the Peace Dianne Hensley filed a lawsuit after a state agency warned her about refusing to marry gay couples; She hopes a recent U.S. Supreme Court case about religious freedom helps her cause”: Rebecca Schneid of The Texas Tribune has this report. Posted at 9:18 PM by Howard Bashman“The Restrained Roberts Court; Pace their critics, the justices respect precedent”: Law professor Jonathan H. Adler will have this essay in the July 31, 2023 issue of National Review magazine. Posted at 8:46 PM by Howard Bashman“The Future of Online Speech Shouldn’t Belong to One Trump-Appointed Judge in Louisiana”: Law professor Kate Klonick has this guest essay online at The New York Times. Posted at 5:07 PM by Howard Bashman“Democrats Try a Novel Tactic to Revive the Equal Rights Amendment; Proponents of the measure to enshrine a guarantee of sex equality into the Constitution are using a creative legal theory to try to resurrect the long-stalled amendment”: Annie Karni of The New York Times has this report. Posted at 5:05 PM by Howard Bashman“Scholars and Scribes Review the Rulings: The Supreme Court’s 2022-23 Term.” The Heritage Foundation has posted this video on YouTube. Posted at 4:44 PM by Howard Bashman“Kavanaugh: No warring camps at Supreme Court; The Trump-appointed justice insisted that the court is not divided along partisan lines, despite a flurry of major polarized decisions.” Josh Gerstein of Politico has this report. Posted at 4:40 PM by Howard Bashman“Mountain Valley Pipeline Halted as Legal Wrangling Heats Up; A federal court in Richmond has held up construction, despite a law passed by Congress last month that says it no longer has jurisdiction over the pipeline”: Coral Davenport has this article in today’s edition of The New York Times. Posted at 4:38 PM by Howard Bashman“Google’s AI Health Predictions Project Beats Privacy Challenge”: Andrea Vittorio of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued on Tuesday. The decision has received some attention on Twitter because the Seventh Circuit holds that, “[a]s we read Thole, TransUnion, and Spokeo, a breach of contract alone — without any actual harm — is purely an injury in law, not an injury in fact. And it therefore falls short of the Article III requirements for a suit in federal court.” Posted at 10:28 AM by Howard Bashman“Thoughts on the Petitioner’s Brief in Great Lakes“: John F. Coyle has this post at the “Transnational Litigation Blog.” Posted at 10:20 AM by Howard BashmanWednesday, July 12, 2023
“How the ripple effect of the Supreme Court’s 303 Creative decision could swamp civil rights”: Columnist Robin Abcarian has this essay online at The Los Angeles Times. Posted at 9:56 PM by Howard Bashman“The need for Supreme Court ethics reforms transcends party lines; These latest revelations underscore that efforts to bring transparency and accountability to the court should be bipartisan; Actually, they should be nonpartisan”: Columnist Kimberly Atkins Stohr has this essay online at The Boston Globe. Posted at 9:53 PM by Howard Bashman“Judges Confused by Supreme Court’s Historical Test for Gun Laws”: Lydia Wheeler of Bloomberg Law has this report. Posted at 9:50 PM by Howard Bashman“Democrats ask Supreme Court Historical Society for information on donors, access to justices”: Sarah Fortinsky of The Hill has this report. Posted at 9:47 PM by Howard Bashman“Senators Ask Billionaire Paul Singer and Power Broker Leonard Leo for Full Accounting of Gifts to Supreme Court Justices”: Justin Elliott, Joshua Kaplan, and Alex Mierjeski of ProPublica have this report. Posted at 9:44 PM by Howard Bashman“The surprising second life of the Supreme Court’s abortion decision”: Law professor Mary Ziegler has this essay online at CNN. Posted at 9:41 PM by Howard Bashman“How a Second Amendment case at the Supreme Court is putting gun rights groups in a jam”: John Fritze of USA Today has this report. Posted at 9:33 PM by Howard Bashman“A Conservative Legal Crusader: An Interview With ADF’s Kristen Waggoner; The leader of the Alliance Defending Freedom addresses ADF’s controversial legal work, her win in 303 Creative, and free speech in law schools.” David Lat has posted online this new episode of his “Original Jurisdiction” podcast. Posted at 4:40 PM by Howard Bashman“Abortion providers sue to block Iowa’s new 6-week ‘fetal heartbeat’ abortion ban”: Katie Akin of The Des Moines Register has this report. And Mitch Smith of The New York Times reports that “Iowa Republicans Move to Sharply Limit Abortion; Gov. Kim Reynolds called the Legislature for a special session to consider sweeping new restrictions on abortion.” Posted at 2:12 PM by Howard Bashman“Where We Are at the End of the Supreme Court’s 2022 Term”: Adam Feldman has this post at his “Empirical SCOTUS” blog. Posted at 1:30 PM by Howard Bashman“Japan’s Supreme Court Lifts Restroom Restriction at Work for Trans Woman; The decision represents some forward momentum in L.G.B.T.Q. rights in Japan, which lags behind other G7 nations in extending them”: Motoko Rich and Hikari Hida have this article in today’s edition of The New York Times. Posted at 1:28 PM by Howard Bashman“The Supreme Court’s Conservatives Control Even More Than You Realize”: Law professor Jeffrey L. Fisher has this guest essay online at The New York Times. Posted at 1:24 PM by Howard BashmanTuesday, July 11, 2023
“McConnell recasts the high court as ‘independent’ to win votes in 2024”: Columnist Ruth Marcus has this essay online at The Washington Post. Posted at 10:57 PM by Howard Bashman“Court Halts Mountain Valley Pipeline Championed by Sen. Joe Manchin; A provision in the debt-ceiling law limited opponents’ right to sue and mandated pipeline’s completion”: David Harrison of The Wall Street Journal has this report. And Wednesday’s edition of that newspaper will contain an editorial titled “Judges Defy Congress to Stop the Mountain Valley Pipeline; A three-judge Fourth Circuit panel blocks a permit even after the debt-ceiling bill stripped them of jurisdiction.” Posted at 10:54 PM by Howard Bashman“The rot in the federal judiciary goes deeper than the Supreme Court”: Columnist Jennifer Rubin has this essay online at The Washington Post. Posted at 10:39 PM by Howard Bashman“The Whimsy of the Late Justice John Paul Stevens: Stevens was known not only for his bowtie at the court but also his cheese sandwich for lunch.” Tony Mauro has this post at his “The Marble Palace Blog” online at The National Law Journal. Posted at 10:37 PM by Howard Bashman“Clash over US judge’s competency probe heads into mediation”: Andrew Goudsward of Reuters has this report. And recently at IPWatchdog, former Federal Circuit Judge Paul R. Michel had a post titled “Chief Judge Moore v. Judge Newman: An Unacceptable Breakdown of Court Governance, Collegiality and Procedural Fairness.” The post also appears to have received a comment from former Federal Circuit Judge Randall R. Rader. Posted at 10:00 PM by Howard Bashman“The Smearing of Lorie Smith: She won a landmark First Amendment victory; The press now falsely claims she filed a ‘fake case.'” Kristen Waggoner and Erin Hawley will have this op-ed in Wednesday’s edition of The Wall Street Journal. Posted at 9:42 PM by Howard Bashman“The Missing Originalism in the Court’s Racial-Preferences Opinions; There’s still work to do in restoring the original meaning of the 14th Amendment; Only Justice Thomas tried to do that in the Harvard admissions case”: Dan McLaughlin has this essay online at National Review. Posted at 9:33 PM by Howard Bashman“Case or Controversy Requirement? What Case or Controversy Requirement? The Supreme Court’s misguided decision to grant Lorie Smith standing to pursue her entirely hypothetical claim against the State of Colorado in the web designer case.” David Post has this post at “The Volokh Conspiracy.” Posted at 9:18 PM by Howard Bashman“The Supreme Court Case That Has Me Worried, for Survivors and for My State”: New York Governor Kathy Hochul has this guest essay online at The New York Times. Posted at 9:14 PM by Howard Bashman“Supreme Court justices and donors mingle at campus visits. These documents show the ethical dilemmas.” Brian Slodysko and Eric Tucker of The Associated Press have this report. Additionally, Slodysko and Tucker report that “Supreme Court Justice Sotomayor’s staff prodded colleges and libraries to buy her books.” Tucker has a report headlined “Book sales, a lure for money and more takeaways from the AP investigation into Supreme Court ethics.” And Tucker and Slodysko also have a report headlined “Inside the AP’s investigation into the ethics practices of the Supreme Court justices.” The U.S. Supreme Court issued this statement to The Associated Press in response to that news organization’s inquiries. Posted at 1:23 PM by Howard BashmanMonday, July 10, 2023
“Justice Dept. asks 5th Circuit to delay judge’s social media order; The filing came hours after U.S. District Judge Terry A. Doughty rejected a request to stay his ruling from last week”: Cat Zakrzewski and Tim Starks of The Washington Post have this report. Posted at 10:28 PM by Howard Bashman |
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