“DOJ Seeks to Remove Judge in Perkins Coie Suit Against Trump; Judge Howell is biased against Trump, lawyers argue; Case should be sent to Judge without Trump animus”: Justin Henry of Bloomberg Law has this report.
And Dan Roe of The National Law Journal reports that “Government Moves to Disqualify Judge in Perkins Coie Executive Order Case; ‘This court has repeatedly demonstrated partiality against and animus towards the President,’ said the government in moving to disqualify U.S. Judge Beryl Howell.”
You can access the federal government’s filing at this link.
“We Need To Talk About What The VanDyke Video Dissent Gets Right; This is the only dissent I’ve ever encountered that is regularly interrupted by YouTube ad breaks”: Chris Williams has this post at “Above the Law.”
“GOP challenge of 65K ballots goes before NC Court of Appeals. When could race be decided?” Kyle Ingram of The News & Observer of Raleigh, North Carolina has this report.
Lynn Bonner of NC Newsline reports that “Appeals Court considers whether votes in NC Supreme Court race should be thrown out; Riggs-Griffin contest remains undecided four-and-a-half months after the November election.”
The Carolina Journal reports that “Appeals Court panel wrestles with NC Supreme Court election dispute.”
Sydney Haulenbeek of Courthouse News Service reports that “Judge seeks to remove 65,000 ballots cast in his North Carolina Supreme Court race; A North Carolina Court of Appeals panel weighed arguments over removing the ballots of thousands of voters, including overseas military, from the final count in a still-uncertified Supreme Court associate justice race.”
And Alex Ebert of Bloomberg Law reports that “North Carolina Justice Race Splits Judges on Post-Election Suits; Judges weigh Republican’s ‘retroactive’ registration challenge; Election officials say 100 years of law block ‘unfair’ suit.”
The North Carolina Court of Appeals has posted the video of today’s oral argument on YouTube at this link.
“Trump-appointed judge dissents in California ammo case with gun-filled YouTube video”: Kevin Rector of The Los Angeles Times has this report.
And Angie Orellana Hernandez of The Washington Post reports that “Appellate judge brings out bag of firearms in unusual dissent video; Judge Lawrence VanDyke of the 9th Circuit said he made the video to convey a ‘conceptual point’ about how guns work; His colleague called it ‘wildly improper.’“
“In Defense of Amy Coney Barrett: An Examination of Her Record.” Michael A. Fragoso has this post at Public Discourse.
“Judge to Consider Block on Trump’s Use of Wartime Law to Deport Venezuelans; A hearing on Friday afternoon could also include some discussion about the Justice Department’s repeated recalcitrance in responding to the judge’s demands”: Alan Feuer of The New York Times has this report.
And David Voreacos of Bloomberg News reports that “Trump Cabinet Weighing Secrecy Claim in Venezuela Case, DOJ Says.”
“Paul Weiss Chair Says Deal With Trump Adheres to Firm’s Principles; In an email message on Thursday evening, Paul Weiss Chairman Brad Karp reassured employees that the deal with President Trump was in keeping with the firm’s principles”: Matthew Goldstein, Jessica Silver-Greenberg, and Ben Protess of The New York Times have this report.
“Problems with Universal Injunctions Against Trump’s Program? It’s complicated.” Jack Goldsmith has this post at the “Executive Functions” Substack site.
“Paul Weiss Cuts A Deal With Donald Trump; Trump will rescind his executive order targeting the firm, in exchange for various concessions agreed to by chair Brad Karp”: David Lat has this post at his “Original Jurisdiction” Substack site.
“Justice Amy Coney Barrett’s Lucrative Memoir to Come in Fall”: Lydia Wheeler of Bloomberg Law has this report.
You can learn more about (and preorder) the book via this link.
“Texas Senate passes bill requiring Ten Commandments in schools; Opponents of the bill questioned whether it conflicts with the First Amendment’s prohibition against government actions that favor one religion over another”: Cameron Thompson of Courthouse News Service has this report.
“Julia Lipez confirmed as Maine’s newest state supreme court justice; The Senate’s confirmation of Lipez to the Maine Supreme Judicial Court fills a yearlong vacancy on the state’s highest court”: Rachel Ohm of The Portland Press Herald has this report.
“Schools Fear Funding Loss as Supreme Court Weighs E-Rate Case”: Mark Walsh of Education Week has this report.
“Trump eyes privilege to dodge court demand for deportation flight details; Though he called the administration’s argument ‘woefully insufficient,’ Judge James Boasberg gave the White House until Friday to produce evidence that cabinet officials are weighing whether to label deportation flights to El Salvador as state secrets”: Benjamin S. Weiss of Courthouse News Service has this report.
“Yearslong redistricting saga puts Voting Rights Act in Supreme Court’s crosshairs; Black Louisianians’ yearslong battle for equal voting representation makes its third appearance at the Supreme Court next week, but this time, the justices’ ruling could be a death knell for the Voting Rights Act”: Kelsey Reichmann of Courthouse News Service has this report.
“When copyright law and fashion collide; Retired Supreme Court Justice Stephen Breyer ’64 explains his dissent in a case involving cheerleading uniforms”: Rebecca Beyer of Harvard Law Today has this report.
“Schumer: Senate Democrats ‘will not impeach judges,’ calls Trump ‘a lawless, angry man.’” Lindsey McPherson of The Washington Times has this report.
“9th Circuit judge handles a cache of firearms while robed in bizarre video dissent”: Bob Egelko of The San Francisco Chronicle has this report.
Jacob Gershman of The Wall Street Journal reports that “Gun-Handling Judge Posts a Novel YouTube Dissent in Second Amendment Case; The video has sparked some pushback from fellow judges on the federal appeals court.”
Nate Raymond of Reuters reports that “Trump-appointed judge records gun tutorial to slam court ruling.”
And Kaelan Deese of Washington Examiner has an article headlined “Judge blasts colleagues in rare video dissent: They ‘know next to nothing about guns.’“
“Big Law Firm Reaches Deal With Trump Over Executive Order; Paul, Weiss — one of three law firms targeted by President Trump as part of his retribution campaign — said it resolved the conflict by agreeing to a range of commitments”: Michael S. Schmidt of The New York Times has this report.
Erin Mulvaney of The Wall Street Journal reports that “Trump Rescinds Order Targeting Law Firm Paul Weiss; Major firm, facing potential loss of clients, agreed to support certain White House initiatives.”
Jasper Ward of Reuters reports that “Trump withdraws executive order targeting Paul Weiss law firm.”
And Justin Henry of Bloomberg Law reports that “Trump Rescinds Paul Weiss Order as Firm Pledges $40 Million; Paul Weiss security clearances, clients’ contracts are reinstated; Firm commits $40 Million to pro bono work in line with Trump goals.”
“Supreme Court Audition Watch: Lawrence VanDyke Is a Guns YouTuber Now; When the competition for a promotion is this stiff, you have to start trying some stuff.” Jay Willis has this post at his “Balls & Strikes” Substack site.
“‘Wildly Improper’: Judge’s Video Dissent Showing Handguns Sparks Colleagues’ Criticism; The 18-minute video was part of Judge Lawrence VanDyke’s dissent to the U.S. Court of Appeals for the Ninth Circuit’s holding that large-capacity magazines are neither ‘arms’ nor necessary accessories to operate an ‘arm’ protected by the Second Amendment.” Avalon Zoppo of The National Law Journal has this report.
“Hill Republicans already hated the ‘idiotic’ call to impeach judges. Then Trump jumped in. The speaker has to deal with a new Trump-driven demand just as he moves to put the GOP’s policy agenda into overdrive.” Rachael Bade and Meredith Lee Hill of Politico have a report that begins, “Hard-right House Republicans have a new project — impeaching federal judges who have questioned President Donald Trump’s powers — and it’s quickly turning into the latest headache for Speaker Mike Johnson.”
“Ninth Circuit swats challenge to Idaho anti-trans bathroom law; The state prohibits students from using facilities — locker rooms, changing rooms, bathrooms and certain other shared spaces — unless it aligns with their ‘biological sex’”: Monique Merrill of Courthouse News Service has this report on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.
“Judge VanDyke Displays Guns in Chambers in Unusual Video Dissent; VanDyke, in robes, displayed handguns in chambers; Other Ninth Circuit members bashed video opinion”: Jacqueline Thomsen of Bloomberg Law has this report.
The article concludes, “The US Marshals Service and Ninth Circuit didn’t respond to requests for comments regarding courthouse protocols for the possession of firearms by judges.”
“Judges, rankled by Trump’s impeachment calls, agree: ‘It’s not a great strategy’; Current and former jurists say the president’s call to impeach judges is dangerous and unwise.” Josh Gerstein and Erica Orden of Politico have this report.
“Administration Officials Believe Order Lets Immigration Agents Enter Homes Without Warrants; It remains unclear whether the Trump administration will apply the law in this way; But such an interpretation, experts say, would infringe on basic civil liberties”: Devlin Barrett of The New York Times has this report.
“How the Justice Department is remaking itself in Trump’s image; Attorney General Pam Bondi has curtailed the agency’s anti-corruption efforts, ratcheted up immigration enforcement and redirected the civil rights division”: Jeremy Roebuck, Mark Berman, Perry Stein, and Spencer S. Hsu of The Washington Post have this report.
“Administration’s Details on Deportation Flights ‘Woefully Insufficient,’ Judge Says; In an angry order, the judge, James E. Boasberg, told the Trump administration to explain why he should not find that officials had violated his instructions for the flights to return to the United States”: Alan Feuer of The New York Times has this report.
And Greg Stohr of Bloomberg News reports that “Judge Calls US Filing ‘Woefully Insufficient’ in Venezuela Case.”
You can access the judge’s order at this link.
“7th Circuit’s Sykes to take senior status, creating vacancy for Trump”: Nate Raymond of Reuters has this report.
And Tiana Headley of Bloomberg Law reports that “Seventh Circuit’s Sykes to Step Back, Give Trump New Vacancy; Chief judge to take senior status in October; Trump now has six circuit vacancies to fill.”
En banc Ninth Circuit holds that California law banning the possession of large-capacity ammunition magazines comports with the Second Amendment: You can access today’s 7-to-4 en banc ruling on the merits at this link.
In conjunction with his dissenting opinion, Circuit Judge Lawrence VanDyke issued a video which you can access on YouTube via this link.
The en banc panel today also issued a separate per curiam order (totaling 104 pages thanks to the separate opinions accompanying it) concluding, on an 8-to-3 vote, that the appeal could properly be decided by this en banc panel.
“How Trump Is Trying to Consolidate Power Over Courts, Congress and More: President Trump’s expansive interpretation of presidential power has become the defining characteristic of his second term.” Erica L. Green, Zolan Kanno-Youngs, and Maggie Haberman of The New York Times have this news analysis.
“The Courts Alone Can’t Save Us”: Law professor Stephen I. Vladeck has this guest essay online at The New York Times.
“USAID Ruling May Be Beginning of the End for Musk; The decision that the billionaire’s actions likely violated the Constitution in ‘multiple ways’ is a sign it’s time for him to move on”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“This isn’t the first time Chief Justice Roberts took on President Trump (And he’s been wrong each time); As unsettling as impeachment may seem, the Constitution requires that it be sometimes used”: Scott Douglas Gerber has this essay online at Fox News.
“Interview: NC GOP chair defends challenge of 65,000 votes in Supreme Court election.” Kyle Ingram of The News & Observer of Raleigh, North Carolina has this report.
And in commentary, online at Bloomberg Opinion, Mary Ellen Klas has an essay titled “North Carolina’s Ongoing Election Dispute Is Dangerous; The losing candidate for the state Supreme Court is determined to change the outcome; That would further undermine trust in the judiciary.”
