“Civility in the courtroom should be a model for our public life; The courts remind us that American justice is built on adversaries treating one another as colleagues, with respect and decency”: Justice P. Kevin Brobson of the Supreme Court of Pennsylvania has this essay online at The Philadelphia Inquirer.
“The Supreme Court Generals Failed Their Troops This Year”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“How One Lawyer Helped Reshape Special Education at the Supreme Court”: Mark Walsh of Education Week has this report.
“Full DC Circuit Will Review Trump’s Bid to Dismantle CFPB”: Ben Miller and Evan Weinberger of Bloomberg Law have this report.
You can view today’s order of the U.S. Court of Appeals for the D.C. Circuit granting rehearing en banc at this link.
“Appeals court hands Trump a win over D.C. National Guard deployment; Judges wrote in a preliminary order that the National Guard can stay for now and that the Trump administration is likely to succeed in its appeal of a lower-court ruling”: Jenny Gathright of The Washington Post has this report.
Kyle Cheney and Josh Gerstein of Politico report that “Appeals court clears way for Trump to keep National Guard on DC streets; But the 3-judge panel cast doubt on Guard deployments in ‘non-consenting’ states.”
Zoe Tillman of Bloomberg News reports that “Trump’s DC Troop Deployment Allowed for Now by Appeals Court.”
And Ryan Knappenberger of Courthouse News Service reports that “DC Circuit rules Trump’s National Guard deployment can continue for now; The three-judge panel determined that the president has a ‘unique power’ over D.C. as a federal district created by Congress rather than a constitutionally sovereign entity like the 50 states.”
You can access today’s order of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, and the opinions accompanying it, at this link.
“Indicted SCOTUSblog Publisher Tom Goldstein Wins Motion Suppressing Evidence; Criminal defense attorneys for indicted SCOTUSblog publisher Tom Goldstein filed a successful pretrial motion preventing federal prosecutors from alleging Goldstein employed sham employees at his now-defunct litigation boutique, Goldstein & Russell, to reduce his 2018 tax liability in violation of criminal tax evasion statutes”: Sulaiman Abdur-Rahman of The National Law Journal has this report.
You can access here and here last Friday’s orders of the U.S. District Court for the District of Maryland. And yesterday that court issued this opinion in support of those orders.
“Ghislaine Maxwell Asks a Judge to Throw Out Her Sex-Abuse Conviction; Ms. Maxwell, who conspired with Jeffrey Epstein in a sex-trafficking scheme, argued that she had been denied a fair trial”: Benjamin Weiser of The New York Times has this report.
And Josh Russell of Courthouse News Service has a report headlined “Representing herself, Ghislaine Maxwell pushes to overturn Epstein sex trafficking conviction; Maxwell’s request for an evidentiary hearing on new exculpatory evidence may hamper the scheduled release of tranches of grand jury documents from her and Epstein’s respective investigations, expected to be made public later this week.”
You can view the pro se filing at this link.
“Trump Told by Alan Dershowitz Constitutionality of Third Term Is Unclear; Trump’s former lawyer presented him with his forthcoming book that concludes the Constitution is ambiguous on the question”: Brian Schwartz of The Wall Street Journal has this report.
“The ethics complaint against Judge Emil Bove must be dismissed”: Law professor Robert Luther III has this essay online at The Hill.
“Trump Stymied on Prosecutors as G.O.P. Refuses to Defy Democrats; An informal custom gives Senate Democrats leverage on federal prosecutors even as Republicans have sought to ease other confirmations; The president wants it eliminated”: Carl Hulse of The New York Times has this report.
“At Many Top Law Schools, Black Student Enrollment Continues to Drop; The New York Times examined data from 18 of the nation’s top law schools and found that first-year Black enrollment had increased at only four, including at Harvard”: Stephanie Saul of The New York Times has this report.
“‘Wild ride’: Georgia Cappleman discusses Dan Markel case at Tiger Bay.” Jeff Burlew of The Tallahassee Democrat has this report.
“Federal court examines noncitizens’ Second Amendment rights; A Sixth Circuit panel said the fact that the Second Amendment encompasses all U.S. citizens does not mean it automatically excludes those who are not”: Rox Laird of Courthouse News Service has this report.
You can access yesterday’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
“Are There Fourth Amendment Rights in Google Search Terms? A noteworthy decision, even if there’s no majority opinion.” Orin S. Kerr has this post at “The Volokh Conspiracy.”
Today’s ruling of the Supreme Court of Pennsylvania consists of the opinion announcing the judgment of the court, two concurring opinions (here and here), and a dissenting opinion.
“Plain Meaning: If Trump were right about birthright citizenship, some lawmakers would have been bounced.” Reynolds Holding has this post at his “Better Judgment” Substack site.
“Supreme Court to review Mississippi case on alleged omission of Black jurors; The Supreme Court agreed to review the conviction of a death-row inmate who says prosecutors discriminated by excluding Black jurors during his 2006 trial”: Julian Mark of The Washington Post has this report.
“The Situation: Who is the ‘Responsible United States Attorney’ in Virginia? Such an official must exist, because the Justice Manual says her approval is required to keep indicting Letitia James.” Benjamin Wittes has this post at the “Lawfare” blog.
“Jury orders Johnson & Johnson to pay $40 million to two women in latest talc trial”: Diana Novak Jones of Reuters has this report.
And Amanda Bronstad of The Recorder reports that “Pivotal LA Trial Alleging J&J’s Baby Powder Caused Ovarian Cancer Ends in $40M Verdict; A Los Angeles Superior Court jury deliberated for one day before awarding $40 million, all compensatory damages, to two women.”
“If the Supreme Court Wants to Keep Article II Intact but Save Wiener, Here’s How”: Elias Neibart has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.
“SCOTUS Is About to Turbocharge Presidential Power”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.
“The Federal Judge at the Trump Rally; Emil Bove violated a basic tenet of judicial ethics, presumably on purpose”: Ruth Marcus has this essay online at The New Yorker.
“Judicial Notice (12.14.25): Not Dead Yet; Alina Habba’s bye-bye, Emil Bove’s boo-boo, Jack Smith’s second act, Becca Slaughter’s day of reckoning, and a 30-person hire by Cooley.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Man sentenced for setting fire in Colorado Supreme Court building that caused extensive damage; Brandon Olsen pleaded guilty in July to one count of arson; He broke into the Ralph L. Carr Colorado Judicial Center on Jan. 2, 2024, and started a fire”: Jennifer Campbell-Hicks of 9News in Denver has this report.
“Leon Schools asks Supreme Court to reject parents’ appeal in gender case”: Jim Saunders of News Service of Florida has this report.
You can access the brief in opposition at this link.
“Arkansas Supreme Court dismisses chief justice’s appeal of HR report alleging harassment; Three special justices were appointed to replace three justices who recused themselves, including the chief justice”: Tess Vrbin of Arkansas Advocate has this report.
“This is why you’re wrong about the Supreme Court and Trump; The conservative majority of the Supreme Court is on a mission to put everything back into the right box; The goal is not to grow or shrink the power of any individual branch of government”: Columnist Dace Potas has this essay online at USA Today.
“With Fed independence in crosshairs, will Supreme Court back Trump again?” Jan Wolfe of Reuters has this report.
“Trump administration races to finalize tariff payments — and hamstring possible refunds; In response, companies are now filing lawsuits to make sure they get paid back if the Supreme Court invalidates some of the president’s duties”: Ari Hawkins and Doug Palmer of Politico have this report.
“One Amendment Explains It All: A decades-long conservative project to reject the reconstruction amendments is riding the coattails of Trump’s lawless chaos all the way to SCOTUS.” You can access the new episode of Slate’s “Amicus” podcast via this link.
“The Restoration Narrative in Constitutional Law; As Opposed to the Redemption Narrative”: Cass Sunstein has this post at his “Cass’s Substack” site.
And at his “Shapiro’s Gavel” Substack site, Ilya Shapiro has a post titled “The End of the Beginning: The conservative legal movement is in the fourth inning, not the bottom of the ninth.”
“In this Supreme Court case, a sledgehammer is better than a scalpel; On Trump’s ability to fire the heads of agencies, the Supreme Court should take the harder route”: Columnist Jason Willick has this essay online at The Washington Post.
“Appeals Court Says Trump Must End Los Angeles Deployment by Monday; While the decision did not remove the National Guard troops from the president’s control, it blocked him from using them in the nation’s second-largest city”: Shawn Hubler of The New York Times has this report.
You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit at this link.
“The View from Here: There’s a clear line from Bush v. Gore, 25 years ago, to the January 6 insurrection.” Jeffrey Toobin has this essay online at Air Mail.
“D.C. Circuit’s Trump appointees again block Judge Boasberg’s contempt inquiry; DOJ keeps going to the D.C. Circuit, where Trump appointees on the court have repeatedly stopped the district court’s effort to hold the Trump admin accountable”: Chris Geidner has this post at his Substack site.
You can access yesterday’s order of the U.S. Court of Appeals for the D.C. Circuit at this link.
“First Circuit reverses block on Trump’s Planned Parenthood funding cuts; The appeals panel said that a provision of the ‘Big, Beautiful Bill’ that stripped Medicaid funding to Planned Parenthood didn’t violate the reproductive health care giant’s rights”: Christina van Waasbergen of Courthouse News Service has this report on a decision that the U.S. Court of Appeals for the First Circuit issued yesterday.