“Janus did not nix union members’ obligation to pay dues: 7th Circuit.” Daniel Wiessner of Reuters has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued Friday.
“7th Circ. Affirms $4M Chicago Judgment For Imprisoned Man”: Law360 has this report (subscription required for access) on a ruling that Circuit Judge Frank H. Easterbrook issued Thursday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
“The split decision in June Medical did not overrule the precedential effect of Whole Woman’s Health and Casey.” So ruled the majority on a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit Friday in deciding the case of Planned Parenthood v. Box on remand from the U.S. Supreme Court.
Circuit Judge David F. Hamilton‘s majority opinion explained:
The Chief Justice’s concurring opinion in June Medical offered the narrowest basis for the judgment in that case, giving stare decisis effect to Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292 (2016), on the essentially identical facts in June Medical. The Marks rule does not, however, turn everything the concurrence said — including its stated reasons for disagreeing with portions of the plurality opinion — into binding precedent that effectively overruled Whole Woman’s Health. That is not how Marks works. It does not allow dicta in a non-majority opinion to overrule an otherwise binding precedent
Circuit Judge Michael S. Kanne issued a dissenting opinion in which he disagreed with the majority’s understanding and application of the June Medical ruling.
“4th Circ. Rejects Challenge Over DOD’s Slow Doc Posting”: Law360 has this report (subscription required for access) on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued Thursday.
Former USDOJ Capital Case Section attorney’s defamation suit against The New York Times was properly dismissed under New York’s fair report privilege, Second Circuit holds: The U.S. Court of Appeals for the Second Circuit issued this decision today.
The suit concerned an article by Katie Benner that appeared in the April 1, 2018 issue of The New York Times headlined “At the Justice Dept.’s Death Penalty Unit, Accusations of Favoritism, Gender Bias and Unwanted Groping.”
“The sweeping implications of the Supreme Court’s new union-busting case: Cedar Point Nursery v. Hassid isn’t just an attack on unions, it could bar health inspectors from inspecting restaurants.” Ian Millhiser has this essay online at Vox.
In the March 22, 2021 issue of The New Yorker: Andrew Solomon has an article headlined “How Polyamorists and Polygamists Are Challenging Family Norms: From opposite sides of the culture, parallel campaigns for legal recognition may soon make multiple-partner marriages as unremarkable as same-sex marriages.”
And Jane Mayer has an article headlined “Can Cyrus Vance, Jr., Nail Trump? Insiders say that the Manhattan District Attorney’s investigation has dramatically intensified since the former President left office; ‘It’s like night and day,’ says one; According to another, ‘They mean business.’“
“Stats show the impact female judges are making on the Pennsylvania bench”: Rudy Miller of The Express-Times of Easton, Pennsylvania has this report.
“Arizona Supreme Court justice leaving, giving governor another pick”: Howard Fischer of The Arizona Daily Star has this report.
“Rachel Wainer Apter will be Murphy’s pick for New Jersey Supreme Court; Director of NJ Division of Civil Rights was Ruth Bader Ginsburg law clerk, ACLU staff attorney”: David Wildstein of the New Jersey Globe has this report.
Wildstein also has related reports headlined “New Jersey’s newest senator in power position on Murphy Supreme Court pick; Rachel Wainer Apter will need sign off from Holly Schepisi to get confirmed by State Senate” and “Weinberg gets ready for her sixth Supreme Court confirmation; Next justice could be from 37th district.”
“‘A tremendous sea change’: Democrats see a path to remaking the Senate filibuster; Between Sen. Joe Manchin’s support for a ‘talking filibuster’ and unified GOP opposition to the popular Covid-19 relief bill, some lawmakers see an opening.” Sahil Kapur of NBC News has this report.
“How Biden Can Reverse Trump’s Death Penalty Expansion: Biden vowed to end the death penalty; A recent court filing suggests where he might start.” Keri Blakinger of The Marshall Project has this report.
“What’s the price of Sunshine? Missouri Supreme Court weighs key transparency case.” Austin Huguelet of The Springfield News-Leader has this report.
“Campus speech rules are hurting students. They deserve recompense — even if it’s just $1.” Columnist George F. Will has this op-ed in today’s edition of The Washington Post.
“Woman appeals dismissal of lawsuit claiming West Feliciana DA mishandled her rape case”: Joe Gyan Jr. of The Advocate of Baton Rouge, Louisiana recently had this report on a petition for rehearing en banc that the plaintiff recently filed in the U.S. Court of Appeals for the Fifth Circuit seeking further review of a three-judge panel’s decision that I previously noted in this post.
Raffi Melkonian has this Twitter thread about an amicus brief of retired federal judges filed yesterday in support of the rehearing petition.
“Mississippi Supreme Court orders 3rd trial in car crash case”: Emily Wagster Pettus of The Associated Press has this report on a ruling that the Supreme Court of Mississippi issued Thursday.
The dissenting opinions discuss a notable issue of appellate recusal.
“Anti-abortion bills abound; their fate in court is unknown”: David Crary and Iris Samuels of The Associated Press have this report.
“‘Nobody Wants to Be There, Dude’: How a Juror’s Podcast Led to an Appeal; A federal judge warned a jury not to talk to anyone about the case; One juror had an online comedy show.” Benjamin Weiser of The New York Times has this report.
“New Hampshire Supreme Court issues its second 2-2 decision in a week”: Mark Hayward of The Union Leader of Manchester, New Hampshire has this report.
And Kathy McCormack of The Associated Press reports that “Woman’s claim of firing over breastfeeding remains dismissed.”
You can access yesterday’s order of the Supreme Court of New Hampshire at this link.
“Unlikely bedfellows in TransUnion SCOTUS case: Justice Thomas and class action fans.” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.
“Arizona Supreme Court Justice Andrew Gould announces retirement”: Lauren Castle of The Arizona Republic has this report.
“Meanings, Intentions, Original Law: Another way to understand what originalists are doing.” Stephen Sachs has this post at “The Volokh Conspiracy.”
“A convicted Oklahoma killer’s death sentence was overturned because of a landmark US Supreme Court ruling”: Dakin Andone of CNN has this report.
My earlier coverage of yesterday’s Oklahoma Court of Criminal Appeals rulings can be accessed here.
“Biden asks Supreme Court to dismiss suit on Trump-era abortion issue”: John Fritze of USA Today has this report.
“Law Review Live: Reforming the Judiciary.” Northwestern University Law Review has posted on YouTube at this link the video of this event from earlier today.
“Analyzing the Flurry of Amicus Brief Signatories in NCAA v. Alston”: Sam Ehrlich has this post at The Juris Lab.
“SJC: Christian college can’t claim former social work professor was minister in legal dispute.” Travis Andersen of The Boston Globe has this report.
Paul Leighton of The Salem News reports that “State’s top court says Gordon College professor not a ‘minister.’”
And Scott Jaschik of Inside Higher Ed has a report headlined “Court: Gordon Is Religious, but Professor of Social Work Is Not ‘Ministerial Employee.’”
You can access last Friday’s ruling of the Supreme Judicial Court of Massachusetts at this link.
“Justice Department Backs College Athletes in Supreme Court Case; Biden administration files brief against NCAA’s rules limiting student-athlete compensation as justices prepare to hear case this month”: Brent Kendall and Louise Radnofsky of The Wall Street Journal have this report.
“Remembering RBG: Barrington woman recalls friendship with Supreme Court icon Ginsburg.” Jan Wenzel has this article online at The Providence (R.I.) Journal.
“Justice Barrett Finds ‘Pressure Points’ In Attys’ Arguments”: Law360 has this news analysis.
“How old will President Biden’s judicial nominees be? Which side of 50 will the nominees be on?” Josh Blackman has this post at “The Volokh Conspiracy.”
“What Winning at the Supreme Court Means to Me — and to America”: Chike Uzuegbunam has this essay online at Newsweek.
“Immigration was a scorching topic at the Supreme Court last year. With Trump gone, that’s changed.” John Fritze of USA Today has this report.
“An appeals court blasts state’s early effort to end capital punishment and questions prison conditions of a former death row inmate”: Edmund H. Mahony of The Hartford Courant has this report.
And Kelan Lyons of The Connecticut Mirror reports that “2nd Circuit rules CT’s ‘special circumstances’ law for former death row inmates is unconstitutional.”
You can access today’s ruling of a two-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
“Georgetown Law professor terminated after ‘reprehensible’ comments about Black students”: Lauren Lumpkin of The Washington Post has this report.
And Michael Levenson of The New York Times reports that “Georgetown Law Fires Professor for ‘Abhorrent’ Remarks About Black Students; The law school said Sandra A. Sellers, an adjunct professor, had been terminated, and David C. Batson, another adjunct, had been placed on administrative leave.”
Georgetown Law’s Dean William M. Treanor has issued two statements regarding this matter that you can access at this link.