“Seventh Circuit rules Indiana’s ‘intellectual diversity’ law doesn’t harm professors; A 2024 Indiana bill required professors to ‘expose students to scholarly works from a variety of political or ideological frameworks,’ which a group of professors said violated the First Amendment”: Caitlyn Rosen of Courthouse News Service has this report.
You can access today’s decision of the U.S. Court of Appeals for the Seventh Circuit at this link.
“Court Tosses Case on Trump’s Use of Wartime Deportation Law”: Jacqueline Thomsen of Bloomberg Law has this report (subscription required for full access).
And Alan Feuer of The New York Times reports that “Appeals Court Sidesteps Key Question Over Trump’s Use of Wartime Law; The court dismissed a case over the Alien Enemies Act in a messy conclusion to a long-running legal battle that had seemed destined to end up before the Supreme Court.”
You can access today’s en banc decision of the U.S. Court of Appeals for the Fifth Circuit at this link. The Fifth Circuit also issued two related orders, which you can access here and here.
“Top Democrat Targets Supreme Court for Changes; ‘Variety of different options’ are on the table if Democrats regain power, House Minority Leader Hakeem Jeffries says”: Damian Paletta and Maya Davis of The Wall Street Journal have this report.
“Blanche Tries to Calm DOJ Ranks in First Speech as Leader”: Chris Strohm of Bloomberg News has this report.
And Perry Stein and Jeremy Roebuck of The Washington Post have an article headlined “In turnabout, Blanche lauds DOJ career staff in first speech as attorney general; His remarks come after months of firings and disparagement of the Justice Department workforce by President Trump.”
“Luigi Mangione Is Expected to Plead Guilty in Federal Court; He is charged with stalking resulting in the death of an executive, but the specifics of his plea were unclear; A murder trial in state court is set for next month”: Benjamin Weiser, Devlin Barrett, and Hurubie Meko of The New York Times have this report.
“The Justice Department Is a Glorified Pro-Trump Law Firm Now; The president is staffing the government with trusted lawyers who share a willingness to do anything for their favorite client”: Jay Willis has this essay online at Balls and Strikes.
“A Theory of Natural Rights Citizenship Must Comport with the Constitution’s Text; If the Constitution sets a rule that runs counter to good policy, we must follow the former, not the latter”: John Yoo has this post at Civitas Outlook.
In response, also at Civitas Outlook, Linda Denno has a post titled “The Constitution and Birthright Citizenship: A Rejoinder to Professor Yoo; A nation is not merely the land it occupies or the people born on its soil; it is a distinct political community defined by shared history, culture, a common commitment to its own sovereignty and survival.”
“Originalism’s Better Meaning; The Constitution’s meaning does not run out merely because the evidence is contested”: John O. McGinnis and Mike Rappaport have this post at the “Law & Liberty” blog.
“After Supreme Court Losses, Trump Keeps Pushing; Is the administration defying the court or pursuing lawful alternatives?” Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.
“The inside scoop on Justice Ketanji Brown Jackson: Ketanji Brown Jackson was the first person I met on my first day of college; Here’s what it taught me about her approach to being a Supreme Court Justice.” Yesterday, Noah Feldman had this post at his Substack site.
And today, Feldman has a post titled “Justice Gorsuch’s secret vendetta: The key to understanding Gorsuch isn’t his stacked resume; It’s the fact that he’s a Momma’s Boy.”
“Lee Rudofsky: A Great Pick for the Eighth Circuit.” Michael A. Fragoso has this post at the “Bench Memos” blog of National Review.
“How a Covid-Era Scramble Transformed Supreme Court Arguments; Live audio, a new format and new voices have transformed and unsettled the court’s signature public ceremony”: Adam Liptak of The New York Times has this report.
“Sonia Sotomayor’s Confirmation Vote . . . and a few more nuggets”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“Trump Seeks Immediate Halt to Judge’s Penalties in IRS Case”: Zoe Tillman of Bloomberg News has this report.
You can view the relevant court filings here and here.
“This Is Not A Vibes-Only Podcast”: You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.
“Appointment of New Clerk of Court for the United States Court of Appeals for the Fifth Circuit”: The Fifth Circuit issued this news release yesterday.
“Trump again asks Supreme Court to save USPS mail ballot plan after second lower court loss”: Kevin Rector of The Los Angeles Times has this report.
“Governor McKee picks Judge Luis M. Matos for R.I. Supreme Court, passing over former House speaker Shekarchi; Matos, who was born in Portugal, was appointed to the Superior Court by former governor Lincoln Chafee in 2012 and previously worked as an assistant US attorney”: Edward Fitzpatrick of The Boston Globe has this report.
And Ian Donnis of Ocean State Media reports that “McKee passes over Shekarchi, picks Luis Matos for RI Supreme Court.”
“Surprise hearing scheduled in Luigi Mangione’s case — sparking speculation of plea deal”: Ben Kochman of The New York Post has this report.
“Trump Plans to Tap Federal Trial Court Judge for Eighth Circuit”: Olivia Alafriz of Bloomberg Law has this report.
“Dispatching Humphrey’s Executor; Charles Thach’s forgotten presidential history could have strengthened the case”: Christopher James Wolfe has this post at the “Law & Liberty” blog.
“The Supreme Court’s Recusal Rules Are Worthless; Cases involving the oil and gas industry are great for Justice Samuel Alito, a noted investor in the oil and gas industry”: Madiba K. Dennie has this essay online at Balls and Strikes.
“Trump bullying of Lisa Cook doesn’t just show his lawlessness. It shows his weakness. The Supreme Court brushed back his attempt to fire the Fed governor once. But the president is hoping a loophole may give him another shot at retribution.” Columnist Kimberly Atkins Stohr has this essay online at The Boston Globe.
“The FBI proved Comey’s innocence. The DOJ indicted anyway. In the seashells case, the FBI searched for proof that gangsters used ’86’ to mean ‘kill’ and that Comey knew it. Now an expert says their theory is ‘preposterous.’” Roger Parloff has this post at the “Lawfare” blog.
“NJ Justices Signal Trouble for Personal Info Takedown Law”: Alex Ebert of Bloomberg Law has a report (subscription required for full access) that begins, “New Jersey’s law prohibiting disclosure of public officials’ home addresses and phone numbers may violate the First Amendment due to the statute’s lack of an intent standard, the state’s high court ruled Wednesday as it sidestepped the constitutionality of the law itself.”
You can access today’s decision of the Supreme Court of New Jersey, on certified question from the U.S. Court of Appeals for the Third Circuit, at this link.
Update: In other news coverage, Nikita Biryukov of New Jersey Monitor reports that “NJ Supreme Court opinion on privacy law seen as win for data brokers.”
“Goldstein Unveils Cooley Appeal Team”: Jared Foretek of Law360 has this report (subscription required for access).
“Trump’s New White House Lawyer Embodies MAGA Mold in Second Term”: Justin Henry, Ryan Tarinelli, and Suzanne Monyak of Bloomberg Law have this report.
“Sullivan Revisited: The outcome of the famous libel case rests on fabricated legal foundations.” Glenn Reynolds has this book review post at the “Law & Liberty” blog.
“How Democrats can repair the broken Supreme Court”: U.S. Senator Adam Schiff (D-CA) has this essay online at The Los Angeles Times.
“Trump cheers Alito staying for another Supreme Court term: ‘One of the greatest of all time’; The 76-year-old conservative justice confirmed he will remain for another term, batting down retirement speculation.” Eric Mack of Fox News has this report.
“Trump refuses to back down as Supreme Court blocks major policies; The president is seeking ways around rulings on tariffs, birthright citizenship and the Fed; Experts say the moves don’t signal outright defiance, but they push the court’s limits”: Julian Mark of The Washington Post has this report.
“Samuel Alito Is Not Doing Himself Any Favors; The Supreme Court justice recently spoke out about a new biography of him; The biographer responds”: Ankush Khardori has this post at his “OPENfile” site.
“Samuel Alito gained up to $2.9m from oil and gas assets since joining supreme court, analysis shows; Critics argue US high court justice should recuse himself from upcoming fossil fuel firms’ climate accountability case”: Dharna Noor of The Guardian has this report.
“White House Asks Justice Department to Consider New Reflecting-Pool Prosecution; Officials asked the department whether it is possible to bring new charge against Olympic canoeist after U.S. attorney dropped case”: Alex Leary and Sadie Gurman of The Wall Street Journal have this report.
“Luigi Mangione’s N.Y. Trial Will Have an Anonymous Jury; The identities of the 12 jurors will be shielded from the public; Jury selection is set to start on Sept. 8”: Hurubie Meko, Kate Christobek, and Anusha Bayya of The New York Times have this report.
Kyle Schnitzer and Steven Vago of The New York Post report that “Luigi Mangione’s NYC trial rules revealed as court OKs 86 news orgs, anonymous jury — after concerns of ‘intimidation’ by sick fans.”
And Patricia Hurtado and David Voreacos of Bloomberg News report that “Mangione Trial Will Have Anonymous Jurors, More Media Access.”