“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.
“‘I’m His Lawyer’: Blanche Told the Truth About Trump’s DOJ.” Law professor Barbara McQuade has this essay online at Bloomberg Opinion.
“Despite Judge’s Smackdown, Trump Plans To Keep Deal Killing Tax Audits; Trump could save millions thanks to an order by Acting Attorney General Todd Blanche barring the government from trying to collect any taxes Trump might have owed”: Arthur Delaney and Jennifer Bendery of HuffPost have this report.
“Bonus 238: The Court Against the Courts; As part of the Harvard Law Review’s annual Supreme Court issue for OT2025, my Foreword argues that the Supreme Court is quietly dismantling the district courts’ authority — and arrogating it to itself.” Steve Vladeck has this post at his “One First” Substack site.
“Lindsey Graham’s Supreme Court; His outsized role in the confirmations of four justices”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“Barrett, Kagan Are the Spokeswomen the Supreme Court Needs Now”: David Lat has this new installment of his “Exclusive Jurisdiction” column online at Bloomberg Law.
“The Price of Politicizing the Supreme Court; The Justices need more protection as politicians demonize them”: This editorial appeared in yesterday’s edition of The Wall Street Journal.
“Todd Blanche: The January 6 Slush Fund I Approved Is Not My Fault. Trump’s nominee for attorney general has backed off his $1.8 billion ‘anti-weaponization fund.’ Kind of. Mostly.” Madiba K. Dennie has this essay online at Balls and Strikes.
“Blanche Faces Crucial Hurdle After Rocky Hearing; Even a single Republican ‘no’ vote would block Mr. Blanche’s nomination from consideration by the full Senate, which could sink his confirmation”: Glenn Thrush, Devlin Barrett, Michael Gold, and Alan Feuer of The New York Times have this report.
Jeremy Roebuck, Theodoric Meyer, and Perry Stein of The Washington Post report that “Blanche insists he’s not Trump’s ‘yes-man’ as attorney general vote looms; At a contentious Senate confirmation hearing, the acting AG defended his role in the release of the Epstein files and Trump’s settlement with the IRS.”
Sadie Gurman and Richard Rubin of The Wall Street Journal report that “Blanche Seeks to Reassure Senators That ‘Anti-Weaponization’ Fund Is Dead; President’s attorney-general pick faces questioning over status of the IRS agreement as he defends his Justice Department record.”
Chris Marquette of Politico reports that “Todd Blanche’s chances of becoming attorney general could hinge on John Cornyn; The Texas Republican left Blanche’s confirmation hearing unsatisfied by what he heard.”
And in commentary, The Wall Street Journal has published an editorial titled “Todd Blanche’s Pitch for Permanent Attorney General: Could a confirmed head at the Justice Department be a stabilizing force?“
“Fifth Circuit Upholds Gun Ban for Domestic Violence Conviction”: Megan Crepeau of Bloomberg Law has this report (subscription required for full access).
You can access today’s decision of the U.S. Court of Appeals for the Fifth Circuit at this link.
“Slavery exhibits at the President’s House have been swapped for the Trump administration’s version; The change at the President’s House happened overnight, allowing the government to switch out the displays and shut down the television screens while avoiding public scrutiny during the takedown”: Fallon Roth and Abraham Gutman of The Philadelphia Inquirer have this report.
“A just legal system doesn’t fear examining wrongful convictions. Pennsylvania’s Supreme Court just made that harder. If our criminal legal system is truly just, one should not fear looking back to make sure the right person has been held accountable.” Zane David Memeger has this essay online at The Philadelphia Inquirer.
“When Originalism Jumped the Shark”: Linda Greenhouse has this guest essay online at The New York Times.
“In Fairbanks, Justice Ketanji Brown Jackson says work ethic and determination propelled her to nation’s highest court; The Supreme Court justice drew a crowd of hundreds to an event hosted by the University of Alaska Fairbanks”: Iris Samuels of The Anchorage Daily News has this report.
And Adrian Peterson of Anchorage, Alaska’s KTUU reports that “Supreme Court Justice Jackson ends Fairbanks appearance early due to personal emergency; Justice spoke to more than 900 people at UAF before abruptly departing.”
“The See-No-Evil Supreme Court; The majority refuses to see evidence of racism”: Adam Serwer has this essay online at The Atlantic.
“Originalism and the ‘Barbara’ Dissenters; Call the Barbara dissenters wrong on the merits; But don’t call them unoriginalist”: Elias Neibart has this post at Civitas Outlook.
“Kagan Brushes Off Call for Recusal Over Climate Science Guide”: Jordan Fischer of Bloomberg Law has this report.
“Supreme Court Justices Ask Congress For More Money, Less Accountability; If the Court wants more public resources, it should show some understanding of what it owes the public in return”: Madiba K. Dennie has this essay online at Balls and Strikes.
“What the Heller? The Second Amendment has become a cudgel the left can use to attack originalism.” Josh Blackman has this post at Civitas Outlook.
“Republican Mike Lee Next in Line to Lead Senate Judiciary Panel”: Olivia Alafriz and Lillianna Byington of Bloomberg Law have this report.
“Pa. lawmakers have only days to set sentencing guidelines for felony murder cases. Hundreds of cases are on the line. In March, the Pennsylvania Supreme Court ruled that judges cannot automatically impose life-without-parole sentences for second-degree murder convictions.” Jillian Kramer and Gillian McGoldrick of The Philadelphia Inquirer have this report.
“How the Right to Trial Became a Legal Fiction; Half a century after approving coercive plea bargaining, the Supreme Court is beginning to recognize its costs”: Jacob Sullum has this post online at Reason.
“The Arts and Crafts Magnate on a Mission From God; A new book by Michael Blanding chronicles the history of Hobby Lobby and its billionaire founder’s campaign to promote conservative Christian values”: Virginia Heffernan has this book review online at The New York Times.
“Blanche to face skeptics in GOP after judge’s scathing criticism; A Senate confirmation hearing Wednesday is expected to turn contentious over the acting attorney general’s role in a deal between the Justice Department and the president over the leak of his tax returns”: Jeremy Roebuck of The Washington Post has this report.
“Lindsey Graham’s Defense of Brett Kavanaugh Told Us Everything; The senator’s infamous cry of rage spoke not only to his cruelty but also to his larger role in changing the court”: Elie Mystal has this essay online at The Nation.
“Two cheers — but not three — for Roberts and Barrett”: Edward Foley has this post at “SCOTUSblog.”
“E. Jean Carroll Receives $5.6 Million Payment From Trump in Civil Case; A federal jury found President Trump liable for sexually assaulting and defaming Ms. Carroll. He exhausted his appeals last month, prompting a judge to order that the money be paid”: Ed Shanahan and Jonah E. Bromwich of The New York Times have this report.
“The biggest Supreme Court surprises this term”: Erwin Chemerinsky has this post at “SCOTUSblog.”
“Justice Kagan Tells House Panel That ‘Threats Have Come Very Close’; In her prepared remarks, Justice Elena Kagan said the Supreme Court Police estimated a 38 percent increase in threats this year”: Ann E. Marimow of The New York Times has this report.
Julian Mark of The Washington Post reports that “Supreme Court justices seek security funds in rare congressional appearance; Justices Elena Kagan and Amy Coney Barrett testify before lawmakers amid escalating threats against the court.”
And Lydia Wheeler of The Wall Street Journal has a report headlined “Key Moments: Supreme Court Justices Barrett and Kagan Testify Before Congress; The high court sends delegation to present budget request and answer lawmakers’ questions for the first time since 2019.”
“Trump birthright citizenship fight comes roaring back with ‘invaders’ play after Kavanaugh roadmap; Banks uses Wong Kim Ark exceptions to deny birthright citizenship to birth tourists and children of illegal immigrants”: Charles Creitz of Fox News has this report.
“Plenty of Culture War Stuff”: You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.
“Barrett Details Latest Security Scare, Threats to Supreme Court”: Suzanne Monyak of Bloomberg Law has this report.