“Who Owns the Constitution? The Supreme Court would have us believe it alone decides what the Constitution means. That’s not true. It never was.” You can access the new episode of the “Amicus” podcast via this link.
“One Judge Has the Guts to Put the Horror of This Supreme Court Term in Context”: Mark Joseph Stern has this Jurisprudence essay online at Slate.
“Judicial Notice (07.19.26): Begging For Benchslaps; A Hawaii high-court justice excoriates SCOTUS, the Trump administration turns back to Biglaw, and Simpson raids three rivals for talent.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Nearly half of Americans in poll say Supreme Court bases rulings on politics; A majority of Americans disapprove of the job the court is doing, a Washington Post-Ipsos survey finds; Still, it fares better than the president or Congress”: Julian Mark and Scott Clement of The Washington Post have this report.
“What Trump gained from two Supreme Court losses: The president maneuvered the justices into answering questions hardly anyone was asking.” Columnist Jason Willick has this essay online at The Washington Post.
“A New Lawsuit on School Gender Lessons; The Supreme Court required an opt out, a California family says”: The Wall Street Journal has published this editorial.
“Failed Immigration Cases Leave Chicago Prosecutor’s Office Reeling; Prosecutors have fled the U.S. attorney’s office in Chicago, angry about the cases they’ve been told to bring against protesters and immigrants”: Danny Hakim of The New York Times has this report.
“Barrett’s critics from the right have got her wrong; The justice’s opinions are calm and fair-minded; The attacks on her are not”: Columnist Ramesh Ponnuru has this essay online at The Washington Post.
“America Needs the Filibuster; Partisans warn of doom if their agenda isn’t enacted, but their expedient is what threatens the republic”: Ben Sasse will have this op-ed in Monday’s edition of The Wall Street Journal.
“He Pursued a Pardon in Trump’s Justice System. It Added to His Problems. Michael Castillero was convicted of defrauding investors in a $386 million scheme. Then he started courting MAGA influencers.” Benjamin Weiser of The New York Times has this report.
“Trump’s War on Journalists; The recent subpoenas of reporters make clear that the President is trying to threaten the press; Few protections are in place to stop him”: Ruth Marcus has this essay online at The New Yorker.
“They Were Charged With Assaulting ICE Agents. The Cases Are Crumbling. The Trump administration has lost or abandoned hundreds of criminal cases against protesters and immigrants, a Times investigation found.” Mike McIntire, Danny Hakim, Alexandra Berzon, Jazmine Ulloa, and Lauren McCarthy of The New York Times have this report.
“Trump administration activates never-before-used ‘alien terrorist’ deportation court; The court has been dormant since it was created in 1996”: Kyle Cheney and Josh Gerstein of Politico have this report.
“Ketanji Brown Jackson Knows What 1776 Meant”: Columnist Jamelle Bouie has this essay online at The New York Times.
“The Biggest Takeaway From Todd Blanche’s Confirmation Hearing: The once-cherished ideal of dispensing impartial justice has all but disappeared.” Quinta Jurecic has this essay online at The Atlantic.
And online at Balls and Strikes, Jay Willis has an essay titled “Todd Blanche Understands Exactly Who His Client Is; Senators asked Trump’s attorney general nominee if he would run an ‘independent’ Justice Department; The thought would never have occurred to him.”
“Johnny Brown, father of Supreme Court justice Ketanji Brown Jackson, dies at 80”: Austin Horn of The Miami Herald has written this obituary.
“Justices’ Security Pleas Mark Rare Transparency for Opaque Court”: Suzanne Monyak of Bloomberg Law has this report.
“New Jersey’s ban on assault rifles ruled unconstitutional by court”: William Westhoven of The Record of Woodland Park, New Jersey has this report.
Dana DiFilippo of New Jersey Monitor reports that “Court strikes down NJ’s ‘assault weapons’ ban and magazine capacity restrictions; Dissenting judges warn ruling risks ‘dangerous aftermath.’”
Kerry Picket of The Washington Times reports that “Court strikes down New Jersey’s ban on AR-15 rifles and ‘high-capacity’ magazines.”
Joey Fox and Daniel Han of Politico report that “Appeals court strikes down New Jersey’s assault weapons ban, magazine limits; The 3rd Circuit opinion strikes at the heart of the state’s gun laws, among the most restrictive in the nation.”
Josh Kelety of The Associated Press reports that “Federal appeals court rules that New Jersey’s assault weapons ban is unconstitutional.”
And Alex Ebert of Bloomberg Law reports that “NJ Assault Rifle Ban Struck, Sending Circuit Split to SCOTUS.”
You can access today’s en banc decision of the U.S. Court of Appeals for the Third Circuit at this link.
“A former prosecutor said DA Larry Krasner’s Office colluded with defense attorneys to try to overturn a murder conviction; Jaclyn Mason said supervisors in Krasner’s office also encouraged her to lie to a federal judge to try to conceal the way prosecutors had handled the case”: Chris Palmer of The Philadelphia Inquirer has this report.
And Kristen Johanson of KYW Newsradio reports that “Former assistant Philly DA says she was used as a ‘pawn’ in appeal of 2009 murder conviction.”
“Arkansas Supreme Court Justice Barbara Webb recovering from head injury after fall”: Tess Vrbin of Arkansas Advocate has this report.
“I worked at the Kansas Supreme Court. Here’s why justices should be elected.” Sarah Stula has this essay online at The Kansas City Star.
“Yale admissions is under investigation. Could it have broken the law? At the center of the Department of Justice’s investigation into the Yale School of Medicine’s admission practices is a question of whether Yale considered proxies for race in considering applications — and whether that counts as a violation of federal law.” Leo Nyberg of The Yale Daily News has this report.
“Justice Ketanji Brown Jackson lauds dissent at Fairbanks talk”: Patrick Gilchrist of KUAC has this report.
“Trump administration races the clock to rebuild US tariff wall knocked down by Supreme Court”: Paul Wiseman of The Associated Press has this report.
“There’s a Real Danger that Trump v. Barbara Becomes the New Roe v. Wade“: Veronica Cardenas has this Jurisprudence essay online at Slate.
“The Supreme Court’s Most Brazen Attack on Congress Yet; The high court’s decision in Landor v. Louisiana Dept. of Corrections and Public Safety could incapacitate the legislative branch’s policymaking powers”: Simon Lazarus has this essay online at The New Republic.
“After Birthplace Citizenship Case, The Conservative Legal Movement Needs To Raise Its Standards; In the post-judicial-filibuster world, intellectual adherence to textualism, in and of itself, is no longer sufficient for Republican Supreme Court nominees”: Rachel Bovard has this essay online at The Federalist.
“Seeking Confirmation, Blanche Meets With Epstein Survivors; Senator Thom Tillis of North Carolina, a key vote on confirmation, had demanded Mr. Blanche meet with victims”: Devlin Barrett of The New York Times has this report.
“Appeals court keeps Pentagon’s escort policy for journalists in place; A trio of judges sided with the government over the New York Times in a major press freedom case”: Scott Nover of The Washington Post has this report.
You can access today’s order of the U.S. Court of Appeals for the D.C. Circuit at this link.
“Judicial Impartiality Is Under Threat; Political actors try to sway federal judges with partisan training and educational materials; That has to stop”: Iowa Attorney General Brenna Bird has this essay online at The Wall Street Journal.
“Trump Administration Subpoenas Law Firms, Escalating Pressure Campaign; The uneasy truce between the administration and the law firms it cut deals with last year has erupted into a pitched legal battle behind closed doors”: Michael S. Schmidt and Devlin Barrett of The New York Times have this report.
“VanDyke Asks High Court to ‘Benchslap’ 9th Cir. on Gun Rulings”: Isaiah Poritz of Bloomberg Law has this report.
You can access today’s order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc, and the opinions concurring therein and dissenting therefrom, at this link.
“The Trump Administration’s Portentous Subpoenas of NYT Reporters; Law v. norms, once more”: Jack Goldsmith has this post at the “Executive Functions” Substack site.
And at his “Second Rough Draft” Substack site, Richard J. Tofel has a post titled “Those Subpoenas to Reporters May Not Be Quite What You Think; Signs of Trump’s weakness, not strength.”
“On ‘A Court of Two Crises’; An HLS Volume Celebrates the Declaration’s 250th Anniversary”: Richard M Re has this post at this “Divided Argument” Substack site.
“A Bucket Full of Trump Bait”: You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.