“Anti-Choice Activists Are Threatening to Sue Women Over Legal Abortions Now; Jonathan Mitchell wrote Texas’s anti-choice bounty hunter law; Now, he’s pushing the most aggressive possible interpretation to try and make women afraid to exercise their rights”: Madiba K. Dennie has this essay online at Balls & Strikes.
“Justice Samuel Alito to address record-breaking 2024 class at Franciscan University”: Kate Quiñones of Catholic News Agency has this report.
“US Supreme Court Argument Order Gives Unlucky Lawyers Less Time; More questions asked by justices in first case of the day; Short break between cases would help, advocate says”: Lydia Wheeler of Bloomberg Law has this report.
As arguing counsel for respondent in the first “second case” argued this Term, I fortunately anticipated the concern mentioned in the article by Daniel Geyser, as noted here.
“Judge skewers Alabama attorney general, allows abortion travel lawsuit to proceed”: Howard Koplowitz of The Birmingham News has this report.
John Fritze of CNN reports that “Federal judge blasts threat by Alabama to prosecute groups aiding out-of-state abortions.”
And at his Substack site, Chris Geidner has a post titled “Federal judge rebukes Alabama AG’s threat to prosecute providing help for out-of-state abortions; ‘[T]he Constitution protects the right to cross state lines and engage in lawful conduct in other States, including receiving an abortion,’ Judge Myron Thompson ruled.”
You can access yesterday’s ruling of the U.S. District Court for the Middle District of Alabama at this link.
“ProPublica Wins Pulitzer Prize for Supreme Court Coverage; The award marks ProPublica’s 7th Pulitzer; Uvalde shooting investigation is named a Pulitzer finalist”: ProPublica has this report.
“Dormant Commerce and Corporate Jurisdiction”: Law professor Stephen E. Sachs has posted this article at SSRN.
“Barrow wages legal battle to campaign for court post on pledge to ‘protect’ abortion; Facing possible sanctions for pledging to ‘protect’ abortion rights, former U.S. Rep. John Barrow is challenging the state’s Judicial Code of Conduct as he seeks a seat on Georgia’s top court”: Greg Bluestein of The Atlanta Journal-Constitution has this report.
“Conservative Judges Won’t Hire Columbia Law Clerks Over Protests; Judges label university ‘incubator of bigotry’; Students call to divest from pro-Israel companies”: Jacqueline Thomsen of Bloomberg Law has this report.
And Nate Raymond and Karen Sloan of Reuters report that “Conservative US judges boycott Columbia grads over campus Gaza protests.”
You can view the letter at this link.
“The New York Times and The Washington Post Win 3 Pulitzers Each; The prize for public service went to ProPublica for coverage of the Supreme Court; The Pulitzer board also issued a special citation for journalists covering the Middle East”: Michael M. Grynbaum of The New York Times has this report.
“A death-row prisoner won a new trial. Now, the Louisiana Supreme Court may change its mind.” John Simerman of The Times-Picayune of New Orleans has this report.
“The Supreme Court: The most powerful, least busy people in Washington; The justices are quietly quitting their day jobs as judges, even as they become more and more political.” Ian Millhiser has this essay online at Vox.
“The Supreme Court’s Republican bias hangs over the Trump immunity case; The conservative justices must navigate a crisis moment of their own making”: Columnist E.J. Dionne Jr. has this essay online at The Washington Post.
“Blockbuster cases abound as Supreme Court enters opinion season; The justices have a lot of news to make before running off to summer recess”: Kelsey Reichmann of Courthouse News Service has this report.
“Former Supreme Court justice Stephen Breyer: ‘Are you kidding? You’ll get more cases than ever!’; The American lawyer on the problem of overturning of Roe vs Wade, the ‘psychological difficulty’ of retirement — and what ‘Macbeth’ tells us about Washington.” Stefania Palma of Financial Times has this “Lunch with the FT” report.
“Asked and Answered: A Listener Mailbag Episode!” You can access today’s new episode of the “Strict Scrutiny” podcast via this link.
“Six months out: The dangers to — and from — the courts in a second Trump administration; If Trump does win, even the best-case scenarios are very bad — for Democrats and the left, certainly, but also for democracy.” Chris Geidner has this post at his Substack site.
“UC Berkeley opens civil rights investigation into backyard confrontation between a law professor and a student; Malak Afaneh attempted to deliver a pro-Palestinian speech at an invitation-only dinner when professor Catherine Fisk tried to grab her microphone”: Alicia Victoria Lozano of NBC News has this report.
“How Originalism Ate the Law: The Trick; Part one of a series examining the theory of constitutional interpretation that has eaten the law and gobbled up a bunch of your rights with it.” You can access the new episode of Slate’s “Amicus” podcast via this link.
“Judicial Notice (05.05.24): Not Above The Law; A bad day for a DA, Columbia sued over antisemitism, the debut of A&O Shearman, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.
“How ‘History and Tradition’ Rulings Are Changing American Law: A new legal standard is gaining traction among conservative judges — one that might turn back the clock on drag shows, gun restrictions and more.” Emily Bazelon will have this article in tomorrow’s edition of The New York Times Magazine.
“Booker on Mangi nomination: ‘It’s not over yet’; Senator says he’s still working to push through stalled Third Circuit nominee.” Joey Fox of the New Jersey Globe has this report.
And Chuck Ross of The Washington Free Beacon reports that “Embattled Biden Nominee Adeel Mangi Facilitated Meeting Between Leaders of Anti-Israel and Anti-Police Groups.”
“Judicial Security Resources Stretched Amid Rising Threats”: Suzanne Monyak of Bloomberg Law has this report.
“Federal judge sentences McGirt to 30 years, expected to be released in 30 days”: Mckenzie Richmond of Tulsa, Oklahoma’s KTUL has this report.
“Biden Top Supreme Court Lawyer Laments Shadow Docket Effect”: Suzanne Monyak and Kimberly Strawbridge Robinson of Bloomberg Law have this report.
“Generating Predictions for Grants Pass v. Johnson”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
“Texas man files legal action to probe ex-partner’s out-of-state abortion; The previously unreported petition reflects a potential new antiabortion strategy to block women from ending their pregnancies in states where abortion is legal”: Caroline Kitchener of The Washington Post has this report.
According to the article, “Davis’s petition — filed under Texas’s Rule 202 by Jonathan Mitchell, a prominent antiabortion attorney known for devising new and aggressive legal strategies to crack down on abortion — follows a lawsuit filed last spring by another Texas man, Marcus Silva, who is attempting to sue three women who allegedly helped his ex-wife obtain abortion pills.”
“Abortion is still consuming US politics and courts 2 years after a Supreme Court draft was leaked”: Geoff Mulvihill of The Associated Press has this report.
And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court’s next chapter on abortion puts women’s health in its crosshairs; Abortion advocates are on red alert after the Supreme Court showed interest in further limiting access to the procedure.”
“Inside the ground game to win Florida abortion referendum votes; Democrats and Republicans are coalescing around two contrasting messages on Florida’s Amendment 4 on abortion as they aim to persuade moderate voters”: Lori Rozsa of The Washington Post has this report.
“The Magic Constitutionalism of Donald Trump”: Columnist David French has this essay online at The New York Times.
“What Is a Song? Is it simply the music flowing out of your earphones? According to the law, the answer is a bit more complicated.” Ben Sisario of The New York Times has this report.
“Trump Wants to Prosecute Biden. He Also Thinks Presidents Deserve Immunity. In arguing to the Supreme Court that he cannot be charged for acts while in office, Donald Trump has asked the justices to enforce a norm that he has long threatened to shatter.” Alan Feuer and Maggie Haberman of The New York Times have this news analysis.
“The Roberts Court and the Rule of Lawlessness”: Eric Segall has this blog post at “Dorf on Law.”
“How an Ordinary Guy Took a $3,000 Case to the Supreme Court; Stuart Harrow has his day — to one justice’s bemusement: ‘I’m just wondering why the government’s making us do this.’” Ben Foldy will have this front page article in Friday’s edition of The Wall Street Journal.
“IVF and the Alabama Ruling”: The Spring 2024 issue of The New Atlantis contains a series of essays on this topic.
Leah Libresco Sargeant has an essay titled “Embryos as Schrödinger’s Persons: The Alabama IVF ruling reveals peculiar entities that are neither people nor property until we need them to be.”
Charlotte Collingwood has an essay titled “Laboring in the Dark: IVF might sound like an act of taking control, but it felt like an act of surrender.”
And Emma Waters has an essay titled “Taming IVF’s Wild West: Real regulation is long overdue. But consumer protection is not enough.”
“Harry Reid Botches Miers Nomination; Huge victory for conservatives”: Ed Whelan has this post at his “Confirmation Tales” Substack site.