Fifth Circuit reverses summary judgment entered in the U.S. District Court for the Eastern District of Pennsylvania: As the Fifth Circuit’s opinion explains, “To be clear, it is the Pennsylvania MDL court’s summary judgment that we review, but Louisiana substantive law controls.”
“South Dakota asks appeals court to allow July 4 fireworks at Mount Rushmore; Determined to resume Independence Day fireworks shows at Mount Rushmore, Governor Kristi Noem is appealing a ruling that upheld the National Park Service’s denial of last year’s permit over wildfire and coronavirus concerns”: Rox Laird of Courthouse News Service has this report.
“Federal appeals court ruling allows parents of murdered student’s wrongful death suit against Millersville U to proceed”: Dan Nephin has this front page article in today’s edition of LNP of Lancaster, Pennsylvania.
And Mary Anne Pazanowski of Bloomberg Law reports that “Millersville University Faces Revived Suit Over Dorm Room Murder” (subscription required for full access).
You can access Tuesday’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.
“Indiana asks Seventh Circuit to lift block of abortion restrictions; The state’s appeal comes after a federal judge struck down several abortion regulations, including a telemedicine ban and a required disclosure to patients that fetuses can feel pain”: David Wells of Courthouse News Service has this report on an oral argument (access the audio via this link) that a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit heard yesterday in the case captioned Whole Woman’s Health Alliance v. Rokita, No. 21-2480.
The three-judge panel assigned to hear and decide this case consists of Circuit Judges Frank H. Easterbrook and Diane P. Wood and Senior Circuit Judge Joel M. Flaum.
“Fifth Circuit Judge to Leave Court Hearing Texas Abortion Law”: Ben Penn of Bloomberg Law has a report (subscription required for full access) that begins, “Judge Gregg Costa will resign in August as one of the far outnumbered Democratic-appointed jurists in the U.S. Court of Appeals for the Fifth Circuit, according to a notice on the U.S. Courts website.”
“Federal court denies RI students appeal claiming constitutional right to civics education”: Linda Borg of The Providence Journal has this report.
Daniel Jackson of Courthouse News Service reports that “Students have no constitutional right to civics education, First Circuit rules; The appellate court decided a group of public school students in Rhode Island who said their civics education could leave them unprepared to participate in democracy were not deprived of a fundamental right.”
And Mark Walsh of Education Week reports that “Students Lose Appeal on Right to Civics Education, But Win Praise From Judges Anyway.”
You can access Tuesday’s ruling of the U.S. Court of Appeals for the First Circuit at this link.
“Republican Senators Very Upset to Discover Consequences of Own Actions; When it comes to the extent of their input on nominees with the White House, Senate Judiciary Committee Republicans appear to have very short memories”: Yvette Borja has this post at Balls and Strikes.
Access today’s ruling of the U.S. Supreme Court in an argued case: Justice Amy Coney Barrett delivered the opinion of the Court in Babcock v. Kijakazi, No. 20-480. And Justice Neil M. Gorsuch issued a dissenting opinion. You can access the oral argument of this case via this link.
“Redistricting: Ohio Supreme Court strikes down state House and Senate maps.” Jessie Balmert, Laura A. Bischoff, and Anna Staver of The Columbus Dispatch have this report.
Andrew J. Tobias of The Cleveland Plain Dealer reports that “Ohio Supreme Court orders redraw of Republican-drawn state legislative maps.”
And Jim Provance of The Toledo Blade reports that “Narrow decision strikes down state legislative maps.”
You can access today’s 4-to-3 ruling of the Supreme Court of Ohio at this link.
“South Dakota’s chief justice seeks $5 million for courthouse security”: Jonathan Ellis of The Argus Leader of Sioux Falls, South Dakota has this report.
“Gov. Bill Lee taps associate solicitor general Sarah Campbell for Tennessee Supreme Court seat”: Melissa Brown and Mariah Timms of The Tennessean have this report.
“The furor over Sonia Sotomayor’s false covid claim misses a more important problem”: Columnist Radley Balko has this essay online at The Washington Post.
“Republican leaders in South Dakota, Florida push abortion restrictions ahead of Supreme Court ruling”: Paulina Villegas of The Washington Post has this report.
“Oregon Supreme Court to decide whether Democrat Nick Kristof qualifies to run for governor”: Hillary Borrud of The Oregonian has this report.
“Federal appeals court orders documents unsealed in Louisiana abortion provider case”: Alison Frankel’s “On the Case” from Reuters has this post.
I mentioned this recent Fifth Circuit ruling in this earlier post.
“Congress’ Plan to Protect the 2024 Election From Sabotage Has One Huge Flaw”: Law professor Lawrence Lessig has this jurisprudence essay online at Slate.
“A new Supreme Court era has already begun: President Joe Biden’s vaccine workplace rule could fall to a conservative court ready to reshape America.” Chris Geidner has this report, his first as deputy editor for legal affairs at Grid.
“Tensions Flare Over Biden’s 6th Circuit Nominee, Selected Without Support of Home State Senators; ‘Simply put, there shouldn’t be one set of rules for Republican nominees under Republican presidents and a different set for nominees under Democratic presidents,’ said Senate Judiciary Committee Chairman Dick Durbin”: Jacqueline Thomsen of The National Law Journal has this report.
Brooke Singman of Fox News has reports headlined “Tennessee senators say Biden judicial nominee ‘believes himself to be above the law’; Andre Mathis assured Senate committee, ‘I am a law-abiding citizen’” and “Biden judicial nominee had driver’s license suspended 3 times due to citations.”
And Todd Ruger of Roll Call reports that “Republicans stung by a change they made on judicial picks; Republicans, during the Trump administration, jettisoned a tradition that allowed home-state senators to block appeals court nominees.”
You can view the video of this morning’s U.S. Senate Judiciary Committee confirmation hearing for judicial nominees via this link.
“Remembering Brett Kavanaugh”: Law professor Sherry F. Colb has this book review essay online at Justia’s Verdict.
“Supreme Court Weighs Jailed Immigrants’ Rights to Bail Hearings; Lawyers for the federal government said immigrants detained for months while they fight deportation are not entitled to seek release from immigration judges”: Adam Liptak has this article in today’s edition of The New York Times.
And in today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Biden urges Supreme Court to deny bond hearings for immigrants facing deportation.”
“Before Judging Vaccines, the Court Should Judge Itself”: Phillip Hamburger has this guest post at “The Volokh Conspiracy.”
“The Supreme Court takes up a case, brought by Ted Cruz, that could legalize bribery; Ted Cruz wants the Court to kill an important anti-corruption law”: Ian Millhiser has this essay online at Vox.
“As high court signals Roe v. Wade reversal, states eye same-sex marriage protections; Some state lawmakers have taken steps in recent weeks to protect same-sex marriage in the event the high court reverses its landmark 2015 decision”: Matt Lavietes of NBC News has this report.
“Murphy to renominate N.J. Supreme Court pick while Republicans worry about court’s makeup”: Brent Johnson of The Newark Star-Ledger has an article that begins, “Gov. Phil Murphy announced Tuesday he will renominate civil rights attorney Rachel Wainer Apter to fill a vacancy on the New Jersey Supreme Court after the state Senate did not confirm the selection in the two-year legislative term that expired earlier in the day.”
“How Congress Can Protect Abortion Rights Without Codifying Roe“: Law professors Alan B. Morrison and Sonia M. Suter have this jurisprudence essay online at Slate.
“Criticizing the Court: How opinionated should opinions be?” Law professors Orin Kerr and Michael C. Dorf have this point-counterpoint article in the Fall/Winter 2021-22 issue of Judicature magazine.
“SB8 and the Madisonian Compromise”: Michael C. Dorf has this post at his blog, “Dorf on Law.”
“Federal Judge Steps Aside From High-Profile Amazon Case, Citing Financial Conflict; The WSJ notified judge of his family’s Amazon stockholding; a new judge has been assigned”: Joe Palazzolo of The Wall Street Journal has this report.
“What Is Neil Gorsuch’s Deal With Masks? For one of the Court’s proudest culture warriors, ‘common courtesy during a deadly pandemic’ is apparently a lot to ask.” Yvette Borja has this post at Balls and Strikes.
“Inside a Supreme Court Argument”: You can access today’s new installment of the “Advisory Opinions” podcast, featuring David French and Sarah Isgur, via this link.
“The Supreme Court Case That Could Upend Efforts to Protect the Environment: The potential ramifications of West Virginia v. Environmental Protection Agency are profound.” Elizabeth Kolbert has this Daily Comment online at The New Yorker.
And Pamela King and Jeremy P. Jacobs of Greenwire have an article headlined “Meet the lawyers teeing up the Supreme Court climate showdown.”
“The Pulse of the Court: Recap of the Supreme Court Arguments on the Vaccine-or-Testing Mandate.” You can access today’s new episode of the “Gray Matters” podcast, hosted by law professor Jennifer Mascott with guest Steve Lehotsky, via this link.
“Justice for Snowflake”: You can access today’s new episode of the “Strict Scrutiny” podcast, featuring law professors Leah Litman, Kate Shaw, and Melissa Murray, via this link.
Access online the contents of the January 2022 issue of the Harvard Law Review: Via this link.
Therein, law professor Stephen E. Sachs has an article titled “Originalism: Standard and Procedure.”
The issue also contains a Note titled “Textualism’s Mistake,” which begins, “In 1920, seventeen-year-old Salvatore Eugene Scalia arrived in the United States from Italy with his family.”
The Harvard Law Review Forum will be publishing two responses to Professor Sachs’ article, including one by Fifth Circuit Judge Andrew S. Oldham, but neither appears online yet.
“Jobseeking Keeps My Ego in Check”: Justice William W. Bedsworth of California’s Fourth District Court of Appeal has this essay online at The Recorder.