“Why the Supreme Court’s abortion pill ruling might not end legal fight; If justices rule that the anti-abortion doctors who filed the lawsuit don’t have standing to sue, three conservative states could step into their place”: Ann E. Marimow and Caroline Kitchener of The Washington Post have this report.
“Texas Library Must Reshelve Controversial Books, 5th Cir. Says; Appeals court ruling mostly keeps preliminary injunction in place; Removed books involving LGBTQ, racism themes must be reshelved”: Julie Steinberg and Isaiah Poritz of Bloomberg Law have this report.
Kevin McGill of The Associated Press has a report headlined “A Texas county removed 17 books from its libraries. An appeals court says eight must be returned.”
And Brad Brooks of Reuters reports that “US appeals court rules some books be restored to Texas library shelves.”
You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
“US appellate courts split on threshold for lawsuits challenging diversity programs”: Alison Frankel’s “On the Case” from Reuters has this post.
“Group urges US judiciary to halt conservative judges’ clerk boycotts”: Nate Raymond of Reuters has this report.
“Judge Recuses From Gaza Case After Wartime Trip to Israel; 9th Cir. Ryan Nelson made wartime trip to Israel with other judges; Recuses from Palestinian challenge over aid for Israel”: Jacqueline Thomsen of Bloomberg Law has this report.
And Nate Raymond of Reuters reports that “US judge recuses himself from Gaza case after trip to Israel.”
You can access the recusal order at this link.
“What potential grounds does Donald Trump have to appeal his hush money conviction? Trump is set to be sentenced in July.” Nadine El-Bawab of ABC News has this report.
“Supreme Court Silly Season, Cornell Law School Edition; A failed Intercept hit piece on Leonard Leo shows how left-wing law faculty try to cancel the Constitution”: Dan McLaughlin has this essay online at National Review.
“Palestinian Groups Seek Judge’s Recusal Over Israel Trip; Ryan Nelson set to hear case over Israel military aid; Was among judges who traveled to country this year”: Jacqueline Thomsen of Bloomberg Law has this report.
“Alito’s 1985 Job Application Declares His Principles; ‘I am and always have been a conservative’”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“The 3-3-3 Court Has Always Been a Myth; In a Court controlled by a six-justice conservative supermajority, the law moves in one direction; The only question is how far the Court feels like moving it”: Jay Willis has this essay online at Balls and Strikes.
Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in three argued cases.
1. Justice Sonia Sotomayor delivered the opinion of the Court in Truck Insurance Exchange v. Kaiser Gypsum Co., No. 22-1079. The decision was unanimous, with Justice Samuel A. Alito, Jr. not participating. You can access the oral argument via this link.
2. Justice Clarence Thomas delivered the opinion for a unanimous Court in Connelly v. United States, No. 23-146. You can access the oral argument via this link.
3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Becerra v. San Carlos Apache Tribe, No. 23-250. Justice Brett M. Kavanaugh issued a dissenting opinion, in which Justices Thomas, Alito, and Amy Coney Barrett joined. You can access the oral argument via this link.
“Leonard Leo Built the Conservative Court. Now He’s Funneling Dark Money Into Law Schools. The megadonor’s plan for a $25 million research center at Cornell fell apart. So he took his money to Texas A&M.” Shawn Musgrave recently had this report online at The Intercept.
“Concurrences Are All the Rage”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
“Sam Alito Is a Glimpse Into the Future of the Supreme Court; The issue raised by Alito’s various flags is less a legal question about recusal than a reminder that federal judges, too, are breathing the noxious fumes of U.S. politics”: Peter Shamshiri has this essay online at Balls and Strikes.
“For The Post, a Supreme black eye; Deference to Justice Alito hands a scoop to the New York Times”: Washington Post media critic Erik Wemple has this essay online at that publication.
“Georgia Appeals Court Stays Most Proceedings in Trump Election Case; The order means the prosecution of Donald J. Trump in Georgia is effectively frozen, at least through the presidential election”: Richard Fausset of The New York Times has this report.
“Trump’s Vows to Prosecute Rivals Put Rule of Law on the Ballot; Donald Trump’s promise to seek retribution challenges long-established norms; The election could hinge in part on what kind of justice system the country believes it has now and wants in the future”: Adam Liptak of The New York Times has this news analysis.
“Trump’s gun license expected to be revoked after conviction in hush money trial; The former president’s gun license was suspended when he was indicted, a NYPD spokesperson said”: By Jonathan Dienst, Tom Winter, and Megan Lebowitz of NBC News have this report.
“Alito’s account of the upside-down flag doesn’t fully add up. Here’s why. A look at the major discrepancies in Justice Samuel Alito’s comments about controversial flags flown at his property and what he still has not fully answered.” Justin Jouvenal of The Washington Post has this report.
“Trump wants the Supreme Court to toss out his conviction. Will they? It’s hard to see how they’d do it legally, but this Court has a history of reading the law creatively.” Ian Millhiser has this essay online at Vox.
“How a couple found themselves tangled in Texas’ strict abortion laws after miscarriage; The woman was allegedly denied a surgical abortion option at two facilities after her fetus’ heartbeat stopped”: Marin Wolf of The Dallas Morning News has this report.
“Using Math to Analyze the Supreme Court Reveals an Intriguing Pattern; The conservative wing isn’t always aligned, and that leads to some surprising outcomes”: Sarah Isgur and professor Dean Jens have this essay online at Politico Magazine.
“Merrick Garland, Three Special Counsels and a Justice Department Under Fire; The attorney general has tried to stay above the political fray while overseeing investigations into Trump, Biden and his son”: Sadie Gurman and Aruna Viswanatha of The Wall Street Journal have this report.
“The Verdict Is In on the Supreme Court”: Columnist Maureen Dowd has this essay online at The New York Times.
“Pa. Supreme Court to weigh life sentences for felony murder; A case involving a 36-year-old from Allegheny County could open the door to eventual freedom for others convicted of felony murder — involvement in a crime in which a death occurs; Will Marie ‘Mechie’ Scott, 70, see an end to half a century behind bars?” Miranda Jeyaretnam and Peter Hall of PublicSource have this report.
“More Supreme Court Security Funds Proposed by House Republicans; House appropriators include 5% bump for Supreme Court expenses; Increase would pay for justices’ residential protection”: Suzanne Monyak of Bloomberg Law has this report.
“Texas’ New Plan for Responding to the Horror of Its Abortion Ban: Blame Doctors.” Law professor Mary Ziegler has this Jurisprudence essay online at Slate.
“Will Zantac ruling make Delaware a mass torts magnet?” Alison Frankel’s “On the Case” from Reuters has this post.
“Protecting the NRA’s Freedom of Speech Rights Protects Us All”: David Cole has this essay online at Bloomberg Law.
“Delaware Chief Justice Emphasizes Independence, Like His Father; Childhood conversations formed ideals of judges’ independence; Seitz was appointed as head of Delaware’s judiciary in 2019”: Jennifer Kay of Bloomberg Law has this report.
“Appeals judges halt Atlanta DEI grant fund for Black female-led businesses; Panel decision comes amid legal efforts to challenge diversity, equity and inclusion efforts in the private sector”: Mirtha Donastorg of The Atlanta Journal-Constitution has this report.
Julian Mark and Taylor Telford of The Washington Post report that “Appeals court blocks Fearless Fund from awarding grants to Black women; A panel of the 11th Circuit, reversing a lower court ruling, says the venture capital firm may not issue the $20,000 grants while the legal case plays out.”
Erin Mulvaney of The Wall Street Journal reports that “Appeals Court Blocks Venture Firm’s Grant Program for Black Women; Panel sides with opponent of affirmative action who challenged Fearless Fund’s awards meant to boost minority startups.”
Jessica Guynn of USA Today reports that “Fearless Fund blocked from giving grants only to Black women in victory for DEI critics.”
Alexandra Olson of The Associated Press has an article headlined “A grant program for Black women business owners is discriminatory, appeals court rules.”
And Nicquel Terry Ellis of CNN reports that “Federal appeals court blocks Fearless Fund from issuing grants to only Black women.”
You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link. Circuit Judge Kevin C. Newsom delivered the opinion of the court, while Circuit Judge Robin S. Rosenbaum issued a dissenting opinion.
“Speech Under the Shadow of Punishment: For years, universities have been less inclined to protect speech and quicker to sanction it; After this spring’s protests, it will be difficult to turn back.” Law professor Jeannie Suk Gersen has this Daily Comment online at The New Yorker.
“Bilateral Judicial Reform”: Law professor Josh Blackman has posted this article at SSRN.
“Todd Blanche for Former President Trump on For the Defense Podcast with David Oscar Markus”: You can watch the interview on YouTube via this link.
“Judicial Notice (06.02.24): From The White House To The Big House? Trump’s possible sentence and arguments on appeal, a former feeder judge’s attack on SCOTUS, a lawsuit against Foley, and Cooley’s high-profile hire.” David Lat has this post at his “Original Jurisdiction” Substack site.