“Motion to Dismiss Counts Two through Six and Fifteen by USA as to Thomas C. Goldstein”: Federal prosecutors filed this motion yesterday in the U.S. District Court for the District of Maryland.
Also yesterday, defense counsel filed a response to the federal government’s Motion in Limine to Preadmit Goldstein’s Statements from NYT Magazine Article.
“Court throws out Sept.11-era convictions on First Amendment grounds; Ali Al-Timimi was convicted of encouraging people to fight the U.S. overseas”: Josh Gerstein of Politico has this report.
And Joe Dodson of Courthouse News Service reports that “Fourth Circuit clears Muslim scholar who encouraged jihad after 9/11; An appeals panel ordered a lower court to acquit Ali Al-Timimi after he spent over two decades in custody for his role in encouraging fellow Muslims to fight alongside the Taliban.”
You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.
“Supreme Court Audition Watch: James Ho Is In a Dark, Desperate Place; The federal judiciary’s sweatiest blogger is back with even more thoughts about ‘cultural elites.’” Jay Willis has this post at his “Balls & Strikes” Substack site.
“Supreme Court asked to block California law against outing trans students; A Catholic legal group contends the state law violates parents’ religious rights”: Josh Gerstein of Politico has this report.
“AG McCuskey prepares to defend West Virginia law protecting sports for biological girls, women at U.S. Supreme Court”: Steven Allen Adams of The Parkersburg News and Sentinel has this report.
“Here Are Trump’s Options If the Supreme Court Says His Tariffs Are Illegal”: Isabel Gottlieb of Bloomberg News has this report.
“Progressive Complaints About the Supreme Court Are Getting Weird; How can the Roberts Court’s deference to democratic decision-making be a threat to democracy?” Law professor Jacob Eisler has this essay online at City Journal.
“The Supreme Court made a mess out of gun laws”: Law professor Adam Winkler has this essay online at The Los Angeles Times.
“The Supreme Court Was Ripe for Another Ideological Food Fight. Then Something Else Happened.” Robyn Nicole Sanders has this Jurisprudence essay online at Slate.
“The Supreme Court may leave alone the Voting Rights Act just long enough to keep the GOP from House control in 2026; Republicans’ hopes that a Supreme Court redistricting ruling will boost them in 2026 are fading as election deadlines close in”: Samuel Benson and Andrew Howard of Politico have this report.
“Ed Feulner, Ed Meese and the Heritage Foundation’s Exodus; The leaders of the conservative think tank have abandoned its founding principles”: Law professor Josh Blackman has this essay online at The Wall Street Journal.
“Attacks on Courts as a Troubling Sign for Democracy”: Tara Leigh Grove has this post at the Democracy Project of NYU Law.
“Trans rights at SCOTUS: West Virginia defends statewide sports ban for one teen; Three years ago, the justices exempted a middle schooler from West Virginia’s ban on transgender girls in girls’ sports, but the court’s recent rulings foretell an uphill battle to keep her spot on the team.” Kelsey Reichmann of Courthouse News Service has this report.
“Supreme Court to weigh battle between oil companies and Louisiana coastline erosion”: Alex Swoyer of The Washington Times has this report.
And Justin Wise of Bloomberg Law reports that “Justice Alito Recuses From Big Oil Case Over Stock Conflict” (subscription required for full access).
“Great Dane named for Georgia Cappleman honors Markel prosecutor”: Jeff Burlew of The Tallahassee Democrat recently had this report.
“Judge disqualifies US attorney in New York, tosses Letitia James subpoenas; The ruling comes as federal judges have rebuffed the appointments of top federal prosecutors after the administration used unusual tactics to install them without Senate confirmation”: Erica Orden of Politico has this report.
“The Growing Power of the President; And the Immense Power of Grand Narratives”: Cass Sunstein has this post at his Substack site.
“The ‘Pit Bull’ Lawyer Defending Maduro; White-collar defense lawyer Barry Pollack is known for handling cases that span years — and winning”: Lydia Wheeler and C. Ryan Barber of The Wall Street Journal have this report.
“Bonus 201: Ted Cruz, the AO, and Hannah Arendt; Senator Cruz’s efforts to impeach two federal judges reached a crescendo on Wednesday—even though the Administrative Office of the U.S. Courts (the ‘AO’) has poured cold water on one set of charges.” Steve Vladeck has this post at his “One First” Substack site.
“Judicial Selection and Serendipity: The nominations of David Sentelle and Paul Niemeyer.” Ed Whelan has this post at his “Confirmation Tales” Substack site.
“E159 | The View from the Bench: Improving Appeals, Briefs, and Oral Argument | Justice David Gunn.” You can access today’s new episode of the Texas Appellate Law podcast via this link.
“Abortion Originalism: The Wyoming Example.” Jeremy Christiansen has this post at “The New Digest” Substack site.
“Upon consideration of appellant’s pro se emergency motion for summary reversal or, in the alternative, for expedited briefing and decision, the court strikes the motion and directs appellant’s counsel, who noticed the appeal, to pursue the motion if it is to be pursued.” The U.S. Court of Appeals for the Fourth Circuit issued this per curiam order on Tuesday in United States v. Thomas C. Goldstein, appellant.
Thus, the Fourth Circuit is not permitting Goldstein to represent himself pro se on appeal while he is being represented by counsel in the district court.
“Depleted and Distracted, Justice Dept. Staff Fear Losing Focus on Potential Threats; Rank-and-file prosecutors and agents have expressed serious concern that a hobbled work force hurts the government’s ability to identify and stop terrorist plots, cyberattacks, mass violence and fraud”: Michael S. Schmidt, Devlin Barrett, and Jonah E. Bromwich of The New York Times have this report.
“Trump’s New Judges Have Nothing Bad to Say About January 6; Trump has spent the last year erasing evidence of his attempt to overthrow the government; During their confirmation processes, his judicial nominees have been happy to help”: Jay Willis has this essay online at Balls and Strikes.
“Prosecutors defend Pam Bondi’s impartiality in Mangione murder case; Mangione’s defense team claims Bondi should recuse herself from his case because of her ties to a lobbying firm that worked with United Healthcare”: Erik Uebelacker of Courthouse News Service has this report.
“NC judges rule against Gov. Josh Stein on power to fill vacancies on top courts”: Kyle Ingram of The News & Observer of Raleigh, North Carolina has this report.
And Sydney Haulenbeek of Courthouse News Service reports that “North Carolina governor can’t claw back judicial appointment power; Governor Josh Stein was seeking to regain sole control over vacancies in the state’s Court of Appeals and Supreme Court, rather than being required to choose from a list of nominees presented by the political party of the departing judge.”
You can access today’s ruling of a partially divided three-judge panel of the North Carolina Court of Appeals at this link.
“Senate Judiciary clashes over judicial impeachments, rising threats against judges; Republicans have renewed an effort to remove a pair of federal judges who they said have abused their power, but some expert witnesses and Democrat warned that such a campaign could further threaten federal courts”: Benjamin S. Weiss of Courthouse News Service has this report.
And Suzanne Monyak of Bloomberg Law reports that “Senate Republicans Call to Impeach Federal Judges Over Rulings.”
You can view the video of today’s Senate Judiciary Committee subcommittee hearing via this link.
“The Supreme Court Could Give the GOP a Political Lifeline”: Ronald Brownstein has this essay online at Bloomberg Opinion.
“Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1881 to 1901; Every president from 1881 to 1901 successfully defended presidential at-will removal power”: Steven Calabresi has this post at “The Volokh Conspiracy,” along with a related post titled “Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1901 to 1921; Every president from 1901 to 1921 successfully defended presidential removal power at will.”
“Tom Goldstein’s NYT Story Should be Evidence, Prosecutors Say”: Holly Barker of Bloomberg Law has this report (subscription required for full access).
Update: You can access the motion at this link.
“Judging Fast and Slow”: Bert I. Huang has this post at the Democracy Project of NYU Law.
“Does the Supreme Court Favor the Rich? The NYT profiles a sloppy and highly problematic empirical study of the Supreme Court.” Jonathan H. Adler has this post at “The Volokh Conspiracy.”
“The Situation: One Judicial Opinion That Sums Up Everything; Judge Paula Xinis’s opinion last month in the Abrego Garcia case is worth a deeper read.” Olivia Manes and Benjamin Wittes have this post at the “Lawfare” blog.
“Second-Order Constitutional Theory”: Law professor Aaron Tang has posted this article online at SSRN.