“Ed Meese and the Originalist Court; In the 1980s, he started a movement to restore the Constitution to judging; It has come a long way”: Columnist James Taranto has this essay online at The Wall Street Journal.
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Tuesday, June 30, 2026
“Ed Meese and the Originalist Court; In the 1980s, he started a movement to restore the Constitution to judging; It has come a long way”: Columnist James Taranto has this essay online at The Wall Street Journal. Posted at 4:38 PM by Howard Bashman“I chaired the FEC. Hawaii’s attack on Citizens United is dangerous. A new law in the Aloha State bars most organizations from speaking on political issues.” Bradley A. Smith has this essay online at The Washington Post. Posted at 4:36 PM by Howard Bashman“Citizenship Debates Have Always Been Tied Up With Race”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion. Posted at 4:33 PM by Howard Bashman“250 Years Later: The Courts Continue the Conversation; Commemorating America’s 250th Anniversary with the Nation’s Appellate Judiciary.” Registration is now open for the 2026 Appellate Judges Education Institute Summit, which is taking place in Philadelphia, Pa. from November 12-15, 2026. I am planning to attend, and I hope to see you there! Posted at 4:05 PM by Howard Bashman“NPR Retracts Article That Mistakenly Said Justice Alito Would Retire; The news outlet quickly removed the article, which was written by NPR’s seasoned Supreme Court reporter, Nina Totenberg, from its website”: Benjamin Mullin of The New York Times has this report. Posted at 3:02 PM by Howard Bashman“The Constitution Is On Life Support; Four sitting justices are prepared to stuff the Fourteenth Amendment’s promises in the garbage because Mister Trump demands it”: Jay Willis has this essay online at Balls and Strikes. Posted at 2:14 PM by Howard Bashman“There Is a Model for Shackling Presidential Power”: Law professor Kate Shaw has this guest essay online at The New York Times. Posted at 2:11 PM by Howard Bashman“How Was the Birthright Citizenship Decision This Close?” Law professor Noah Feldman has this essay online at Bloomberg Opinion. Posted at 2:09 PM by Howard Bashman“NPR Mistakenly Reports Justice Alito Is Retiring from Supreme Court: ‘Published in Error.’” Sarah Rumpf of Mediaite has this report. Posted at 11:27 AM by Howard Bashman“SCOTUS Kills Independent Agencies, Expands Presidential Power”: You can access the new episode of the “Strict Scrutiny” podcast via this link and on YouTube. Posted at 9:50 AM by Howard Bashman“Supreme Court Weighs In on Unitary Executive Theory”: You can access today’s new episode of the “Advisory Opinions” podcast via this link. Posted at 9:48 AM by Howard Bashman“Trump names two judicial nominees, including ‘Trump-tough’ Alabama lawyer; Gregory Cook wants you to know that he’s an election law expert who supports Donald Trump”: Patrick McNeil has this post at his “nomination notes” Substack site. Posted at 9:44 AM by Howard Bashman“Supreme Court Rules Trump Can Fire Any Agency Head Who Doesn’t Make John Roberts Wealthier; The upshot of Slaughter and Cook is that it is very important for presidents to be able to fire agency heads at will, unless that agency is very important to John Roberts”: Madiba K. Dennie has this essay online at Balls and Strikes. Posted at 8:30 AM by Howard Bashman“‘Birthright Citizenship’ an Invented Tradition? Jus soli had little bearing on the writing and ratification of the Fourteenth Amendment.” Richard Samuelson has this post at Civitas Outlook. Posted at 8:27 AM by Howard Bashman“Samuel Alito, the Supreme Court’s Leading Voter Fraud Conspiracy Theorist; The dissenting opinion in Watson v. Republican National Committee reveals just how deeply election denialism is now embedded in the conservative consciousness”: Jay Willis has this essay online at Balls and Strikes. Posted at 8:25 AM by Howard Bashman“The Clouds Behind the Supreme Court’s Common-Sense Ruling on Postmarked Ballots; A 5-4 majority upheld longstanding practices of allowing ballots postmarked on election day to be counted; But exaggerated fears of ‘voter fraud’ loomed over the ruling and dissent”: Law professor Joshua A. Douglas has this essay online at Washington Monthly. Posted at 8:24 AM by Howard Bashman“Conservatives revolt after Trump-appointed Barrett joins liberals in ‘shockingly wrong’ mail ballot ruling; The 5-4 decision held that federal law sets no standard for when ballots must be received to be counted”: Andrew Mark Miller of Fox News has this report. Posted at 8:15 AM by Howard BashmanMonday, June 29, 2026
“Two Dan Sullivans to Appear on Alaska Senate Ballot, State High Court Rules; Republicans had sought the removal of a little-known candidate with the same name as the incumbent senator, arguing that he was not a ‘good faith’ candidate”: Kellen Browning of The New York Times has this report. You can access today’s order of the Supreme Court of Alaska at this link. Posted at 8:58 PM by Howard Bashman“Supreme Court Mail Ballot Ruling Deals New Blow to Trump’s Election Plans; The Supreme Court ruled on Monday that state laws allowing ballots to arrive after Election Day are legal; The decision is the latest in a series of setbacks for President Trump’s efforts to regulate elections”: Emily Davies and Nick Corasaniti of The New York Times have this report. Justin Jouvenal and Patrick Marley of The Washington Post report that “Supreme Court rules mail-in ballots arriving after Election Day can be counted; A decision against such ballots could have upended election procedures in states across the country ahead of the midterm elections.” David G. Savage of The Los Angeles Times reports that “Supreme Court allows late-arriving mail ballots, leaving California’s system unaffected.” Louise Radnofsky and James Romoser of The Wall Street Journal report that “Supreme Court Lets States Count Mailed Ballots Received After Election Day; Decision rebuffs Republican National Committee’s efforts to end grace periods for some late-arriving votes that were postmarked by Election Day.” Maureen Groppe and Bart Jansen of USA Today report that “Supreme Court OKs late-arriving mailed ballots in loss for Trump.” And Susan Ferrechio of The Washington Times reports that “Trump calls Supreme Court ballot decision ‘tremendous loss,’ demands passage of voter ID bill.” Posted at 7:58 PM by Howard Bashman“Supreme Court Puts Limits on Cellphone Location Data Searches; The case involved ‘geofence’ searches, which allow law enforcement to find suspects and witnesses by sweeping up location data from cellphones near crime scenes”: Ann E. Marimow and Adam Liptak of The New York Times have this report. Julian Mark and Gerrit De Vynck of The Washington Post report that “Supreme Court says police need a warrant to obtain Google location data; The majority found that a request by police for Google to turn over a suspect’s location history constituted a search protected by the Constitution.” David G. Savage of The Los Angeles Times reports that “Supreme Court limits police use of cellphone data to find crime suspects.” Bart Jansen of USA Today reports that “Supreme Court hangs up on whether smartphone search was ‘reasonable’; The action leaves Okello Chatrie convicted of robbing a bank in Virginia in 2019 after police tracked him down by searching for smartphones in the area where robbery occurred.” And Stephen Dinan of The Washington Times reports that “Supreme Court says police need warrants for ‘geofence’ searches to track cellphones near crimes.” Posted at 7:49 PM by Howard Bashman“Justices Expand Trump’s Power to Fire Officials; In twin rulings, the Supreme Court affirmed the Fed’s independence and said its leaders could not be fired at will, but said President Trump could fire other independent regulators for any reason”: Ann E. Marimow of The New York Times has this report. Colby Smith and Tony Romm of The New York Times report that “Supreme Court Victory for Fed Still Leaves It Vulnerable to Trump; President Trump promised to ‘take appropriate action immediately’ against Lisa Cook, the Fed governor he had tried to fire, even as the court affirmed that Fed officials can be fired only for cause.” Justin Jouvenal of The Washington Post reports that “Supreme Court expands Trump’s power over the federal bureaucracy; The justices struck down a longtime precedent letting Congress insulate agencies from political influence — but stopped short of giving Trump the same power over the Federal Reserve.” David G. Savage of The Los Angeles Times has an article headlined “Supreme Court: Trump may fire heads of independent agencies, but not the Federal Reserve.” James Romoser and Nick Timiraos of The Wall Street Journal report that “Supreme Court Blocks Trump From Firing Fed Governor Lisa Cook; In a pair of decisions, the court expands presidential authority over independent agencies — but the central bank is the notable exception.” Maureen Groppe of USA Today has articles headlined “In loss for Trump, Supreme Court keeps Lisa Cook at the Fed; Though it’s not unheard of for presidents to pressure the Fed over interest rates, Trump is the first to try to fire a member of the central bank’s board” and “Supreme Court gives Trump more power over agencies, overturning precedent; After taking office, Trump declared that all federal agencies are under his control; ‘The days of rule by unelected bureaucrats are over,’ the president said in a March address to Congress.” Stephen Dinan and Alex Swoyer of The Washington Times report that “Supreme Court expands Trump’s firing powers — but imposes some limits; Firing of FTC commissioner was OK, firing of Federal Reserve member was not.” In commentary, The New York Times has published an editorial titled “The Court’s Hypocrisy.” Online at The New York Times, law professors Cass R. Sunstein and Philip Hamburger have a dueling guest essay titled “What Is the Supreme Court Doing to Presidential Power?” The Washington Post has published an editorial titled “Lisa Cook’s close Supreme Court call; The Federal Reserve was one vote away from coming under the president’s thumb.” Online at The Los Angeles Times, law professor Erwin Chemerinsky has an essay titled “The Supreme Court just handed the president even more power.” And Tuesday’s edition of The Wall Street Journal will contain an editorial titled “A Supreme Court Split Decision on Executive Power; The President can fire agency heads — except for the Federal Reserve.” Posted at 7:40 PM by Howard Bashman“Liberal Wins on Mail Votes and ‘Geofencing’; Two big Supreme Court rulings, with Alito and conservatives in dissent”: This editorial will appear in Tuesday’s edition of The Wall Street Journal. Posted at 7:08 PM by Howard Bashman“250th birthday minutes on the bench”: Mark Walsh has this “View from the Court” post at “SCOTUSblog.” Posted at 4:11 PM by Howard Bashman“Supreme Court Justices Report $2.4 Million in Book Income”: Justin Wise and Jordan Fischer of Bloomberg Law have this report. Fix the Court has posted the disclosures online here. Posted at 3:28 PM by Howard Bashman“The Supreme Court Drew the Right Line on Trump’s Firing Spree”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion. Also online at Bloomberg Opinion, law professor Noah Feldman has an essay titled “The Supreme Court Preserves Fed Independence — for Now.” Posted at 3:20 PM by Howard Bashman“The Supreme Court Rejected a Bonkers Idea About Voting by a 5–4 Margin. Next Time We Won’t Be So Lucky.” Law professor Richard L. Hasen has this Jurisprudence essay online at Slate. Posted at 3:16 PM by Howard Bashman“SCOTUS Keeps Rewriting Gun History”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube. Posted at 3:14 PM by Howard Bashman“Luigi Mangione set to return to court for alleged murder of UnitedHealthcare CEO with defense strategy a mystery”: Ben Kochman of The New York Post has this report. Posted at 8:55 AM by Howard Bashman“Yoo to advise diGenova on probe into inquiries of Trump’s 2016 campaign and Russia; The conservative law professor will consult with the Justice Department prosecutor on the investigation based in South Florida”: Josh Gerstein and Kyle Cheney of Politico have this report. Posted at 8:54 AM by Howard Bashman“Pa. Attorney General Dave Sunday talks Supreme Court’s Krasner ruling, abortion appeal; The high court recently gave Sunday’s office unprecedented authority over the DA’s post-conviction review process; He discussed that ruling and more in an interview with The Inquirer”: Jesse Bunch of The Philadelphia Inquirer has this report. Posted at 8:36 AM by Howard Bashman“235. Hypothetical Jurisdiction in Mullin v. Doe; Justice Alito’s TPS opinion stakes out an expansive new claim for how courts can resolve ‘interim relief’ appeals; It’s a good thing Justices Gorsuch and Barrett (silently) refused to endorse it.” Steve Vladeck has this post at his “One First” Substack site. Posted at 8:34 AM by Howard Bashman“The Roberts Court Shows Its True Colors; Using loopholes and cynical wordplay, the right-wing supermajority delivers a series of devastating decisions on legal immigration, plunging millions of lives into uncertainty”: You can access the new episode of Slate’s “Amicus” podcast via this link. Posted at 8:32 AM by Howard BashmanSunday, June 28, 2026
“Hawaii Tries to Redefine ‘Corporation’; The legal gambit is an effort to claim that companies lack political speech rights. Other progressive states are watching”: This editorial will appear in Monday’s edition of The Wall Street Journal. Posted at 8:25 PM by Howard Bashman“Supreme Court Leaves Trump’s Fed, Citizenship Gambits for Last”: Greg Stohr of Bloomberg News has this report. Posted at 8:14 PM by Howard Bashman“Judicial Notice (06.28.26): Home Stretch; Final opinions from SCOTUS, the last days of Cadwalader and Hogan Lovells (as separate firms), and a late-career move for a legend of the bankruptcy bar”: David Lat has this post at his “Original Jurisdiction” Substack site. Posted at 8:11 PM by Howard Bashman |
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