“Voters Continued to Back Abortion Rights. It Didn’t Help Democrats. Constitutional amendments passed in seven states, but many of those same places also backed Trump.” Laura Kusisto and Jennifer Calfas of The Wall Street Journal have this report.
“With fresh Senate majority, Republicans eye judicial nominee blitz — despite few court vacancies; Iowa Senator Chuck Grassley is poised to reprise his role as a chief facilitator of President-elect Donald Trump’s judicial agenda”: Benjamin S. Weiss of Courthouse News Service has this report.
“The Next Trump Administration’s Crackdown on Abortion Will Be Swift, Brutal, and Nationwide”: Mark Joseph Stern has this Jurisprudence essay online at Slate.
“Efforts to protect abortion rights largely successful, despite GOP rout; Seven states voted to further protect and expand abortion rights, while measures in Florida, Nebraska and South Dakota ultimately failed”: Nika Schoonover of Courthouse News Service has this report.
“Meet the Extremist Trump Judges Likely to Shift the Supreme Court Even Further Right”: Mark Joseph Stern has this Jurisprudence essay online at Slate.
And online at The New Republic, Matt Ford has an essay titled “Liberals Just Lost the Supreme Court for Decades to Come; There are many dire consequences of Kamala Harris’s loss to Donald Trump; This is one of the worst.”
“Justices tangle with meteors and Molotov cocktails to sort Meta risk disclosure obligations; The high court looked for a compromise between Meta and its shareholders but the requirements for risk disclosures appeared elusive after almost two hours of arguments”: Kelsey Reichmann of Courthouse News Service has this report.
And Kimberly Strawbridge Robinson of Bloomberg Law reports that “Meta Investor Suit Over Proper Disclosure Troubles Supreme Court; Facebook’s stock plummeted after scandal; Justices suggest SEC should clarify rule, not court.”
“Republican sweep in Texas also extended to state’s appellate courts; Republican judges won in 25 out of 26 contested races throughout the state in a show of the party’s broader strength up and down Tuesday’s ballot”: Kayla Guo of The Texas Tribune has this report.
And Ryan Autullo of Bloomberg Law reports that “Musk Money Bolsters Surprise GOP Wave in Texas Judge Races; Musk-supported PAC helped flip big city intermediary courts; Results undid gains Democrats had been making in recent years.”
“US court reluctant to blow up Boy Scouts’ $2.46 billion sex abuse settlement”: Dietrich Knauth of Reuters has a report that begins, “A U.S. appeals court panel on Wednesday appeared unlikely to overturn the Boy Scouts of America’s $2.46 billion settlement of sex abuse claims, suggesting it would be impractical to upend the deal long after the youth organization emerged from bankruptcy.”
You can access the audio of today’s very lengthy oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Update: In other coverage, Alex Wolf of Bloomberg Law reports that “Boy Scouts Battles Bid to Upend Bankruptcy Plan in Third Circuit; Boy Scouts defends abuse deal, liability releases on appeal; Plan fate could rest on distributions made so far.”
“Sam Bankman-Fried And Diddy’s Appellate Ace: Alexandra Shapiro; A former RBG clerk, Manhattan federal prosecutor, and Latham partner, Shapiro now handles high-profile cases at her own litigation boutique.” You can access today’s new episode of David Lat’s “Original Jurisdiction” podcast via this link.
“Arizona appears to favor keeping Supreme Court justices in, rejects Proposition 137”: Stacey Barchenger of The Arizona Republic has this report.
And Kiera Riley of Arizona Capitol Times reports that “Justices targeted over abortion ruling are holding onto their seats.”
“Arizona Pro-Abortion Measure Wins, While Nebraska and Florida Fall Short; Florida proposal fails after falling short of 60% threshold; Ballot initiatives in New York and Maryland have won”: Kelsey Butler of Bloomberg News has this report.
“US Fights Girardi Bid to Quash Conviction for Lack of Competency; Defense says convicted lawyer should not have stood trial; Government counters that cognitive issues were resolved”: Isaiah Poritz of Bloomberg Law has this report.
“Circuits split over Biden’s contractor minimum wage mandate; The Ninth and 10th Circuits are at odds over the Biden administration’s $15 minimum wage for government contractors”: Joe Duhownik of Courthouse News Service has this report.
“Second Trump Term Opens Door to Even More Conservative Judges; Trump expected to veer from Federalist Society; Older, more moderate judges need to make room”: Tiana Headley, Jacqueline Thomsen, and Andrew Wallender of Bloomberg Law have this report.
And in related coverage, Suzanne Monyak of Bloomberg Law reports that “Liberals Face More Conservative Courts to Fight Trump Policies; Circuit courts have become more conservative since 2017; Shift leaves progressive litigation with fewer friendly venues.”
“Anti-vax doctors urge SCOTUS to open airwaves to medical disinformation; The doctors claim ‘scientific gobbledygook’ from medical associations has sidelined critical viewpoints”: Kelsey Reichmann of Courthouse News Service has this report.
You can view the Application for Injunction at this link.
“How Sam Alito’s Monarchist Cosplay Explains His Jurisprudence”: Alex Aronson and professor Katie Chenoweth have this Jurisprudence essay online at Slate.
And earlier, at the “Intelligencer” blog of New York magazine, Nina Burleigh had a post titled “Justice Alito’s Royalist Cosplay.”
“‘A post-Chevron world’: DC Circuit wrestles with agency authority in fishing boat spat; After the Supreme Court overturned the longstanding doctrine of deference to agencies, it sent the case back to the D.C. Circuit to deal with the fallout.” Ryan Knappenberger of Courthouse News Service has this report.
You can access the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit via this link.
“No, the Supreme Court Wouldn’t Tip the Election for Trump. Although most of them are conservative, the justices won’t be overtly partisan. They learned their lesson after Bush v. Gore.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.
Also online at Bloomberg Opinion, law professor Stephen L. Carter has an essay titled “Post-Election Lawsuits Are Bad for Democracy; Litigating votes reinforces the view of whichever side loses that, somewhere along the way, they’ve been cheated.”
“Biden’s $15 wage mandate for federal contractors struck down by court”: Howard Fischer of Arizona Capitol Times has this report.
Daniel Wiessner of Reuters reports that “Trump-appointed US judges say Biden can’t dictate federal contractor minimum wage.”
And Robert Iafolla of Bloomberg Law reports that “Biden’s $15 Federal Contractor Wage Rule Nixed by Ninth Cir.; Two Trump appointees squash Labor Department measure; Ninth Circuit case one of three challenges to wage boost.”
You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
“The Dangers of Parental Consent Laws Have Gotten Worse for Pregnant Teens”: Kathrina Szymborski Wolfkot and Betsy Zalinski have this Jurisprudence essay online at Slate.
“Liberals Won’t Beat the Supreme Court With Legal Arguments Alone; Their interests are being litigated with deftness and aplomb, but more needs to be done outside the courtroom to start turning the tide”: Steve Kennedy has this essay online at The New Republic.
“Colorado’s Under-21 Gun Sales Ban Revived by Tenth Circuit; Gun sale limits fall outside Second Amendment protections; The harms of non-enforcement outweigh individual harms”: Beth Wang of Bloomberg Law has this report on a ruling that a unanimous (as to result) three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued today.
“Why Abortion Is a Hot Election Issue in the US”: Kelsey Butler of Bloomberg News has this report.
“Thousands of Pennsylvania Ballots Will Be Tossed on a Technicality. Thank SCOTUS.” Law professor Richard L. Hasen, founder of the “Election Law Blog,” has this Jurisprudence essay online at Slate.
“SCOTUS punts on review of standard that helped mentally disabled man avoid death penalty; Over a dozen states wrote in support of Alabama’s appeal, claiming that protections against cruel and unusual punishment have eroded their ability to address crime”: Ryan Knappenberger and Kelsey Reichmann of Courthouse News Service have this report.
And John Fritze of CNN reports that “Supreme Court orders more review of Alabama’s request to execute inmate courts said is intellectually disabled.”
“This Retired General Settled the 9/11 Case. Then the Defense Secretary Took Charge. Susan Escallier’s approval of a plea deal, one of the most important decisions in the history of Guantánamo Bay’s war court, has drawn attention to her role and the dysfunctional military commissions.” Carol Rosenberg of The New York Times has this report.
“Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket.” You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.
“The Great Big Pre-Election Freedom and Democracy Show: We have to think big if we’re going to get through this.” You can access the new episode of Slate’s “Amicus” podcast via this link.
“107. Presidents and Justices: On the eve of the presidential election, a brief reflection on the quirky and unpredictable math of Supreme Court appointments per presidential term.” Steve Vladeck has this post at his “One First” Substack site.
“Election Threatens to Upend Biden Battles at US Supreme Court; Trump expected to flip US positions, if he wins; Disputes over ‘ghost guns,’ transgender rights likely targets”: Lydia Wheeler of Bloomberg Law has this report.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one case and noted probable jurisdiction in two related cases.
And the Court issued a per curiam decision, vacating the judgment of the U.S. Court of Appeals for the Eleventh Circuit, in Hamm v. Smith, No. 23–167.
“Voters Are Poised to Reshape Abortion Access, From Missouri to Montana; Ten states are set to vote on ballot measures that could restore points of access in the South and elsewhere”: Laura Kusisto and Jennifer Calfas of The Wall Street Journal have this report.
“The soul of ‘election day’; There isn’t one”: Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”
“Judicial Notice (11.03.24): Judgment Day; A big win for Kirkland and Covington, district judges going rogue, a major circuit split, and a potentially consequential partner departure.” David Lat has this post at his “Original Jurisdiction” Substack site.
“U.S. Supreme Court Justice Elena Kagan ’81 and Nobel Prize-winning economist David Card *83 to receive top alumni awards”: Princeton University has issued this news release.