“The Last Justice Standing”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
Posted at 4:05 PM by Howard Bashman|
|
|
|
|
Wednesday, March 8, 2023
“The Last Justice Standing”: Adam Feldman has this post at his “Empirical SCOTUS” blog. Posted at 4:05 PM by Howard Bashman“Key Democrats seek info from former judge who reviewed Supreme Court leak probe after CNN exclusive”: Tierney Sneed and Ariane de Vogue of CNN have this report. Posted at 4:02 PM by Howard BashmanProgramming note: This morning, I will be presenting two separate oral arguments to the Supreme Court of Pennsylvania on behalf of the plaintiffs-appellees in each case. The oral argument audio will be live-streamed on YouTube via this link beginning at 9:30 a.m. eastern time. The cases I am participating in are listed first and third for argument. As a result, additional posts will not appear here until later this afternoon. Posted at 7:38 AM by Howard BashmanTuesday, March 7, 2023
“Professor Jennifer Mascott, Winner of 2023 Joseph Story Award”: Josh Blackman has this post at “The Volokh Conspiracy.” Posted at 4:27 PM by Howard Bashman“The Curious Rise of a Supreme Court Doctrine That Threatens Biden’s Agenda; The ‘major questions doctrine,’ promoted by conservative commentators, is of recent vintage but has enormous power and may doom student loan relief and other programs”: Adam Liptak has this new installment of his “Sidebar” column in today’s edition of The New York Times. Posted at 1:18 PM by Howard Bashman“Why the Supreme Court’s Leak Investigation Failed; The inquiry revealed once again the need for real oversight of the judicial branch”: Glenn Fine has this essay online at The Atlantic. Posted at 12:46 PM by Howard Bashman“Supreme Court Hints That It May Duck Two Big Cases; Recent orders suggest that the justices are thinking of dismissing cases involving the ‘independent state legislature’ theory and Title 42, an immigration measure imposed during the pandemic”: Adam Liptak of The New York Times has this report. Posted at 12:36 PM by Howard Bashman“Justices Likely To Mull Key Maritime Rulings In Insurance Suit”: Josh Liberatore of Law360 has this news analysis (subscription required for access). Posted at 12:21 PM by Howard BashmanMonday, March 6, 2023
“Justices take up case on federal admiralty law, seek government’s views on two pending petitions”: Amy Howe has this post at “SCOTUSblog.” And P.J. D’Annunzio of Law360 reports that “Justices Will Untangle Yacht Insurance Choice-Of-Law Dispute” (subscription required for access). You can access today’s U.S. Supreme Court Order List, in which the case granted review is one in which my client prevailed in the Third Circuit, at this link. Posted at 10:32 PM by Howard Bashman“Should Courts Concern Themselves With Improving Work-Life Balance of Attorneys, Their Staff?” This month’s installment of my “Upon Further Review” column will appear in tomorrow’s print edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers. Posted at 10:15 PM by Howard BashmanSunday, March 5, 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 11:54 PM by Howard Bashman“The Supreme Court May Force Us to Rethink 500 Years of Art; A copyright case about Warhol’s work could change the future of Western art — and, in a sense, its history, too”: Blake Gopnik has this article in today’s edition of The New York Times. Posted at 11:44 PM by Howard Bashman“Judicial Notice (03.04.23): Sometimes You Just Need A Gavel; A federal judge under investigation, more Biglaw layoffs, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site. Posted at 11:00 PM by Howard BashmanFriday, March 3, 2023
“Mifepristone and the rule of law: The plaintiffs’ case to take mifepristone off the market is weak and likely to fail.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.” Online at Slate, law professors David S. Cohen, Greer Donley, and Rachel Rebouche have a jurisprudence essay titled “Actually, One Texas Judge Is Not the Final Decision-Maker on Medication Abortion; One district judge’s ruling does not have to affect the entire country.” And at Balls and Strikes, Jacob Hammond has a post titled “The Fringe Legal Theory Powering the Conservative War On Abortion Pills; How the right is trying to revive an obscure 150-year-old federal obscenity law to continue peeling back reproductive rights.” Posted at 11:48 PM by Howard Bashman“Bar associations oppose U.S. appeals court ending midnight filings”: Nate Raymond of Reuters has this report. The article provides access (here and here) to two group comments in which I have joined opposing the rule change, and I separately submitted this comment in opposition on my own. Posted at 8:02 PM by Howard Bashman“Supreme Court asks for more briefings in major voting rights case in North Carolina”: Ariane de Vogue and Devan Cole of CNN have this report. Andrew Chung of Reuters reports that “US Supreme Court indicates it may sidestep major elections ruling.” Paul Blumenthal of HuffPost reports that “Supreme Court Signals It May Avoid Ruling In Blockbuster Independent State Legislature Case; The court is asking for new briefs after the North Carolina Supreme Court granted a rehearing in the underlying case.” And at the “Election Law Blog,” Derek Muller has a post titled “‘Final judgment,’ not mootness, at issue in latest Moore v. Harper twist.” You can access yesterday’s order of the U.S. Supreme Court at this link. Posted at 10:54 AM by Howard BashmanThursday, March 2, 2023
“Caring About ‘Fairness’ Is a Political Choice; The Supreme Court’s conservatives have spent their careers disclaiming the relevance of ‘fairness’ in legal analysis; Now, though, a Democratic president is trying to do something they don’t like”: Jay Willis has this post at Balls and Strikes. Posted at 11:45 PM by Howard Bashman“Justice Dep’t opposes immunity for Trump in police suits over Capitol riot; It will be the courts that have the final say, but the input from Justice Department lawyers does not bode well for the former president”: Alexandra Jones of Courthouse News Service has this report. You can access via this link the federal government’s amicus brief filed today in the U.S. Court of Appeals for the D.C. Circuit. Posted at 11:40 PM by Howard Bashman“Merrick Garland Is a Huge Taylor Swift Fan; The Attorney General routinely works her lyrics into conversations and legal arguments; ‘My favorite song is “Shake It Off”‘”: Sadie Gurman will have this front page article in Friday’s edition of The Wall Street Journal. Posted at 4:10 PM by Howard Bashman“Clinton’s Tortuous 86-Day Selection Process; Repeatedly just ‘two to three weeks away’ from a decision”: Ed Whelan has this post at his “Confirmation Tales” Substack site. Posted at 4:08 PM by Howard Bashman“Supreme Court Clerk Hiring Watch: The Liberals Start To Move; Plus an interesting new study about SCOTUS clerk hiring, and more clerks with family ties.” David Lat has this post at his “Original Jurisdiction” Substack site. Posted at 4:04 PM by Howard BashmanWednesday, 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 |
|
|
|