“Supreme Court to Hear Arguments in Landmark Roundup Weedkiller Case; A victory for the manufacturer, Bayer, could end thousands of lawsuits against the company claiming that the herbicide causes cancer”: Hiroko Tabuchi of The New York Times has this report.
“As US high court prepares ruling, Americans oppose ending birthright citizenship, Reuters/Ipsos poll finds”: Jan Wolfe and Jason Lange of Reuters have this report.
“It’s time for Native judges, including on the California Supreme Court”: James Siva has this essay online at The Sacramento Bee.
“Why Trump’s winning streak at the Supreme Court came to an abrupt end; The Trump administration won a series of high-profile victories last year, but the president has made fewer emergency appeals and is facing losses on his signature policies”: Lawrence Hurley, Katherine Doyle, and Gary Grumbach of NBC News have this report (subscription required for full access).
“In Supreme Court fight against deportation shield, Trump says judges have no role”: Andrew Chung of Reuters has this report.
“Supreme Court Primaries and Judge Alito”: Michael A. Fragoso has this post at National Review’s “Bench Memos” blog.
“The left’s war on the Supreme Court just hit a terrifying new low; Three breaches of confidential deliberations in four years mark an unprecedented escalation against the judiciary”: Law professor John Yoo has this essay online at Fox News.
“MAGA Media Law 101: Threats to the only occupation explicitly protected by the constitution — the press — show why the White House Correspondents’ Dinner could not be a worse look right now.” You can access today’s new episode of Slate’s “Amicus” podcast via this link.
“The ‘spray guy’ got blood cancer. Now he’s fighting Roundup at the Supreme Court. A Supreme Court case will decide if Monsanto can be sued for failing to warn about possible cancer risks from the weedkiller Roundup.” Maureen Groppe of USA Today has this report.
Leah Douglas and Jason Lange of Reuters have a report headlined “As Roundup maker goes to Supreme Court, Americans worry about pesticides, Reuters/Ipsos poll shows.”
And in commentary, The Wall Street Journal has published an editorial titled “A Tort Roundup at the Supreme Court; The plaintiffs bar claims state courts can nullify federal law.”
“‘Grave Threat’: Ex-Clerks, Judges Urge Supreme Court to Review Newman’s Suspension; The retired judges argued the D.C. Circuit relied on faulty precedent to dismiss Federal Circuit Judge Newman’s challenge to her suspension.” Avalon Zoppo of The National Law Journal has this report.
You can access the amicus briefs here and here.
“What Nicolás Maduro’s Life Is Like in a Notorious Brooklyn Jail; The President of Venezuela has reportedly been stuck in a unit for high-profile inmates, known for housing rappers and tech moguls, while his country forms an uneasy relationship with Trump”: Diego Lasarte has this report online at The New Yorker.
“Trump Administration Approves Firing Squad Executions for Death Penalty; The Justice Department also reauthorized the use of a death penalty drug, and will seek to shorten the length of some legal appeals”: Devlin Barrett and Nicholas Bogel-Burroughs of The New York Times have this report.
Mark Berman of The Washington Post reports that “Trump administration moves to add firing squad to federal execution methods; The Justice Department also said it was reviving a lethal injection protocol used during President Donald Trump’s first term.”
And Mariah Timms of The Wall Street Journal reports that “Trump Administration Adds Firing Squad Executions to Death Penalty; Justice Department also reauthorizes single-drug lethal injections in effort to expedite capital punishment cases.”
“The Supreme Court’s not-so-sinister ‘shadow docket’; The justices’ decision-making is an inevitable result of the controversial use of executive power”: Law professor Michael W. McConnell has this essay online at The Washington Post.
And The New York Times has posted John Guida’s written conversation with law professor William Baude titled “Don’t Blame John Roberts for the Shadow Docket.”
“Todd Blanche Targets Trump’s Enemies Amid Jockeying to Lead Justice Dept.; Mr. Blanche’s actions are meant to demonstrate progress on the president’s priorities, chief among them payback”: Glenn Thrush, Alan Feuer, and Kenneth P. Vogel of The New York Times have this report.
“His case struck down mandatory life sentences in second-degree murder cases. What’s next for Derek Lee? Lee’s case changed the sentence for second-degree murder convictions. Now, he’s getting a chance at freedom.” Jillian Kramer of The Philadelphia Inquirer has this report.
“Roy Moore’s $8 Million Defamation Award Reversed at 11th Circuit”: Chris Marr of Bloomberg Law has an article that begins, “Former Alabama Supreme Court Chief Justice Roy Moore failed to adequately prove a political ad defamed him during his 2017 US Senate campaign through references to news reports alleging he committed sexual misconduct involving underage girls, a federal appeals court found.”
You can access today’s decision of the U.S. Court of Appeals for the Eleventh Circuit at this link.
“Iowa penalty for animal rights activists who record protests upheld at Eighth Circuit; The appeals panel said the U.S. Supreme Court has never held that a trespasser may exercise general rights of free speech on property used for private purposes”: Rox Laird of Courthouse News Service has this report.
You can access yesterday’s decision of the U.S. Court of Appeals for the Eighth Circuit at this link.
“Mom’s Damages Claim Over Trans-Student Notification Revived”: Alexis Waiss and Bernie Pazanowski of Bloomberg Law have this report (subscription required for full access).
You can access yesterday’s decision of a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
“10th Circuit gives gun lovers small win in mixed ruling on ghost guns; The National Gun Rights Association had sued to block a 2023 Colorado law banning the possession and manufacturing of unserialized firearms”: Amanda Pampuro of Courthouse News Service has this report.
You can access yesterday’s decision of a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.
“A Far-Right Court Allowed the Ten Commandments in Every Texas Classroom — in Direct Defiance of SCOTUS”: Alexis Romero and Mark Joseph Stern have this Jurisprudence essay online at Slate.
And in related news coverage, Olivia Alafriz of Bloomberg Law reports that “Duncan Expects Justices to Take Up His Ten Commandments Decision” (subscription required for full access).
“The Eight-Figure Talent Race for Supreme Court Lawyers; Firms are dangling large pay packages to lure stars who can elevate their stature”: C. Ryan Barber and Erin Mulvaney of The Wall Street Journal have this report.
“French Interlude: Judicial appointments in the Fifth Republic.” Ed Whelan has this new installment of his “Confirmation Tales” Substack site.
“Aftershocks from ‘The Shadow Papers’; Publication of a trove of confidential Supreme Court memos ignited debates in the legal academy”: Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.
“Public support for SCOTUS slips in Trump’s second term; Despite supporting the high court’s decision to block a major policy priority for the president, polling shows Americans still view the Supreme Court as playing defense in hopes of avoiding a constitutional crisis”: Kelsey Reichmann of Courthouse News Service has this report.
“Paul Clement Will Argue for Trump-Targeted Law Firms Next Month”: Justin Henry of Bloomberg Law has this report.
“Justice Brett Kavanaugh: Keynote Conversation.” The Center for the Constitution and the Catholic Intellectual Tradition has posted this video on YouTube.
“Elizabeth Prelogar’s Unexpected and Unusual Argument; The former Solicitor General did not sign any briefs but somehow popped up on the docket and argued the case”: Josh Blackman has this post at “The Volokh Conspiracy.”
“Two Litigation Partners Depart Paul Weiss; Kannon Shanmugam and Masha Hansford are the latest in a string of litigators who have left the influential New York law firm”: Jessica Silver-Greenberg and Michael S. Schmidt of The New York Times have this report.
Meghan Tribe of Bloomberg Law reports that “Top Paul Weiss Litigator Shanmugam Bolts for Rival Davis Polk.”:
And Mike Scarcella of Reuters reports that “Supreme Court lawyers leave law firm Paul Weiss for Davis Polk.”
“R.I. grandparents will not be granted visits with their granddaughter after judge dismisses their case; ‘This was a tragic case,’ said Judge Felix Gill, adding that although he believed visits would be in the girl’s best interests, a secret recording guided his decision”: Amanda Milkovits of The Boston Globe has this report.
“Originalist Judges Are Spitting On the Constitution and Think You Won’t Notice; A law in Texas requires every public school to display the Ten Commandments in every single classroom; No problem, says the Fifth Circuit”: Jay Willis has this post online at his “Balls & Strikes” Substack site.
“Bonus 221: Sanewashing the Emergency Docket; Criticisms of the New York Times’ Clean Power Plan scoop are ignoring/deflecting from the alarming evidence it provides that the Supreme Court treats Democratic presidents differently from Republicans.” Steve Vladeck has this post at his “One First” Substack site.
And at the “Divided Argument” Substack site, William Baude and Richard M Re have a post titled “Misunderstanding the Law of the Clean Power Plan Ruling; clarifying irreparable injury.”
“New Alito book reveals details on Jan. 6 case, flag controversy; New books about Alito are being published after much speculation about when the conservative justice might retire”: Maureen Groppe of USA Today has this report.
“Chapman on Indoctrinating Thy Neighbor; Assessing Nathan v. Alamo Heights Independent School District”: Nathan Chapman has this guest post at the “Divided Argument” Substack site.
“SCOTUSblog” launches redesign: Featuring a new font (Century Schoolbook, perhaps?) and a new typesize (which I will describe as teeny-tiny). You can see for yourself here.
“Supreme Court Finds Soldier Injured in Suicide Bombing Can Sue; An American soldier was injured in a 2016 suicide bombing in Afghanistan; The justices cleared the way for the soldier to proceed with a lawsuit against a military contractor”: Abbie VanSickle of The New York Times has this report.
Justin Jouvenal of The Washington Post reports that “Supreme Court allows soldier to sue contractor over suicide bombing; The ruling will make it easier for troops hurt in combat zones to win damages as contractors become a larger part of military operations around the world.”
And Megan Butler of Courthouse News Service reports that “Justices say military contractor can be sued over Taliban attack; The former Army specialist pushing to hold Fluor Corporation accountable was one of more than a dozen soldiers seriously injured during a 2016 suicide bombing at Bagram Airfield.”