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The morning read for Monday, May 3

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Monday morning read: Student Speech Case Falling Flat at Court? (Kenneth Jost, Jost on Justice) Petty Sticklerism That Fortuitously Benefits An Undocumented Immigrant is Still Petty Sticklerism (Michael Dorf, Dorf on Law) Supreme Court’s Ethics Problems Are Bigger Than Coney Barrett (Tim...
Tags: Supreme Court, Law, Round-up, Steve Vladeck, Neil Gorsuch, Kenneth Jost Jost, Coney Barrett Timothy O Brien Bloomberg, Supreme Court Mario Nicolais


The morning read for Tuesday, April 13

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Tuesday morning read: “Shadow Dockets” Are Normal. The Way SCOTUS Is Using Them Is the Problem. (Steve Vladeck, Slate) The Supreme Court’s ‘Shadow Docket’ Is Looking Increasingly Shady (Charles Pierce, Esquire) The Roberts Court, First Amendment Fanaticism, and the Myth of Originalism (E...
Tags: Supreme Court, Law, Round-up, Breyer, Steve Vladeck, Adam Carrington, Daniel Cotter, Eric Segall Dorf


Trump's impeachment attorney was ruthlessly mocked by political figures on both sides of the aisle over his rambling opening statement

C-SPAN One of Trump's impeachment lawyers delivered a rambling opening statement on Tuesday.  Bruce Castor Jr. was brutally mocked by political figures across the aisle of his remarks.  "There is no argument. I have no idea what he is doing," Alan Dershowitz said. Visit the Business section of Insider for more stories. If Bruce Castor Jr. had a central point or argument during his opening statement at former President Donald Trump's impeachment trial on Tuesday, it was seemingly lost on v...
Tags: Politics, News, Senate, Trends, House, Donald Trump, Trump, NewsMax, Susan Glasser, Rubin, Steve Vladeck, US Capitol, Alan Dershowitz, Dershowitz, Castor, Impeachment


The 5 biggest takeaways from the first day of Trump's Senate impeachment trial over the Capitol insurrection

Getty There were five big takeaways from the first day of Trump's impeachment trial. Rep. Jamie Raskin gave an emotional speech recalling being trapped in the Capitol with his family. Trump's lawyer Bruce Castor Jr. was ridiculed online for his rambling opening statement. Another Republican senator defected to vote with Democrats on the constitutionality of Trump's trial. Visit the Business section of Insider for more stories. The first day of former President Donald Trump's second Senate...
Tags: Politics, News, Congress, Senate, Trends, Joe Biden, Gop, House, House Of Representatives, Louisiana, Republican, Donald Trump, Bill Cassidy, Trump, Capitol, NewsMax


Key Republicans went from blaming Trump for the deadly Capitol attack to fighting his impeachment in just 3 weeks

House Minority Leader Kevin McCarthy of Calif., talks with President Donald Trump during an event on California water accessibility, Wednesday, Feb. 19, 2020, in Bakersfield, Calif. Evan Vucci/The Associated Press Top Republicans have rapidly shifted from blaming Trump for the Capitol attack to bashing Democrats for impeaching him over it.  As the initial shock over the riot has faded, the tone from Republicans has changed dramatically. House Minority Leader Kevin McCarthy went from saying...
Tags: Politics, News, Republicans, Congress, California, Senate, White House, US, Trends, Joe Biden, Analysis, Gop, Wyoming, Washington Dc, House, New York Times


A close-up photo of meeting notes carried by MyPillow CEO Mike Lindell appears to include drastic national security moves in his meeting with Trump

Gerald Herbert/ AP A Washington Post photographer caught a glimpse of President Donald Trump and MyPillow CEO Mike Lindell's meeting notes on Friday, where they appeared to discuss explosive national security moves. One line reads, "Move Kash Patel to CIA acting," previewing more personnel changes Trump could push. Another reads,"… foreign interference in the election trigger [illegible] powers. Make clear this is China/Iran." Lindell has offered a renewed solidarity to Trump, doling out ...
Tags: Politics, News, Washington Post, Washington, White House, China, Defense, Trends, Georgia, Joe Biden, House, New York Times, The Times, National Security, Nancy Pelosi, Cia


How a veteran sketch artist offers a peek into oral arguments in the work-from-home era

Few people get the chance to watch an oral argument at the Supreme Court. Art Lien is one of them. As an artist who has been sketching the court for more than four decades, Lien has attended – and studied – hundreds of arguments. In a courtroom devoid of cameras, Lien uses little more than a pencil and paper (and afterward, a bit of watercolor) to capture the court’s work for everyone to see. At least he used to. As with everything in 2020, that has changed. The world closed in to keep the vir...
Tags: Facebook, Usa, Featured, Mississippi, Supreme Court, Law, Hungary, United States, Arkansas, Archer, Louisiana, Madrid, DOE, Briggs, Fulton, Ford Motor Co


Trump's 'Hail Mary' attempt to overturn the election result, via the Supreme Court, is actually full of holes

President Donald Trump in the Oval Office on Monday. SAUL LOEB/AFP via Getty Images President Donald Trump's latest bid to overturn the 2020 election result is full of holes. Texas' attorney general, Ken Paxton, filed a lawsuit to the Supreme Court against four battleground states that Trump lost, saying the votes are "tainted" and seeking to delay the certification of their results. But that lawsuit — as well as the motion filed by the Trump campaign to argue the president should join the...
Tags: Florida, Politics, Texas, Supreme Court, Washington Post, Nbc News, Trends, Georgia, Joe Biden, Cnn, Getty Images, Analysis, Pennsylvania, New York Times, Michigan, Npr


Supreme Court Justice Samuel Alito suggests religious liberty is under threat by same-sex marriage and COVID-19 restrictions

Supreme Court Justice Samuel Alito delivered a politically-charged speech to a conference of conservative lawyers. YouTube Supreme Court Justice Samuel Alito expressed concern about religious liberty with regard to same-sex marriage and COVID-19 restrictions during a speech on Thursday. "You can't say that marriage is a union between one man and one woman," Alito said. "Until very recently that's what a vast majority of Americans thought. Now it's considered bigotry." Alito was heavily cri...
Tags: Politics, Same-sex Marriage, News, Supreme Court, US, Trends, Republican, Donald Trump, George W. Bush, Rhode Island, Democratic, Mark Joseph Stern, University of Texas, Alito, Samuel Alito, Hodges


Hear Kavanaugh's key remark about future of Obamacare

CNN's John King and University of Texas law professor Steve Vladeck discusses the oral arguments heard by the Supreme Court on whether to invalidate the Affordable Care Act.
Tags: News, Supreme Court, Cnn, Stories, John King, University of Texas, Kavanaugh, Steve Vladeck


Symposium: The solicitor general, the shadow docket and the Kennedy effect

This article is part of a symposium on the Supreme Court’s “shadow docket.” Steve Vladeck (@steve_vladeck) is a professor of law at the University of Texas School of Law. His teaching and research focus on federal jurisdiction, constitutional law (especially the separation of powers), national security law and military justice. For as long as the Supreme Court has existed, it’s had a “shadow docket” to record everything other than the justices’ formal rulings in argued cases. Indeed, the very fi...
Tags: Featured, Supreme Court, Law, Congress, Washington, Barack Obama, Cambodia, Donald Trump, George W Bush, Kennedy, Trump, Bush, John Roberts, Ethel Rosenberg, Davies, Julius


Justices take up border-wall, “remain in Mexico” cases

The Supreme Court announced on Monday morning that it would take up two cases arising out of the Trump administration’s effort to stem immigration through the United States’ border with Mexico. The justices granted review to weigh in on the long-running dispute over the funding for President Donald Trump’s border wall, as well as the legality of the Trump administration’s “remain in Mexico” policy, which allows the Department of Homeland Security to return immigrants seeking asylum to Mexico whi...
Tags: New York, Featured, Supreme Court, Law, Congress, California, Mexico, White House, Defense, Department Of Defense, Joe Biden, United States, House Of Representatives, New Mexico, Biden, Donald Trump


Antis Alarmed That ACB Confirmation Could Be ‘Huge Setback for Gun Safety’

In this screen snip from live coverage of confirmation hearings on Judge Amy Coney Barrett, anti-gun Connecticut Sen. Richard Blumenthal expressed his concerns about her votes on Second Amendment issues. (YouTube, CBSN) U.S.A. –-(AmmoLand.com)- As the contentious confirmation hearings begin for Supreme Court nominee Judge Amy Coney Barrett, anti-gun groups are voicing concerns she will endanger so-called “gun safety laws” and headlines in various publications perpetuate what is essentially a ...
Tags: Guns, Supreme Court, Washington, US, City, Cnn, Chicago, United States, Portland, Capitol Hill, David Bernstein, Usa Today, Seattle, Ruth Bader Ginsburg, Dianne Feinstein, Pacific Northwest


Tuesday round-up

The justices are meeting privately on Tuesday for their so-called “long conference,” during which they will review hundreds of cert petitions that have accumulated over the summer and decide which of those cases to add to the Supreme Court’s docket for the 2020-21 term. In an essay for SCOTUSblog, Steve Vladeck writes that some of the most high-profile cases the justices are considering have the potential to become moot if Democrat Joe Biden replaces President Donald Trump in January, and Vladec...
Tags: Supreme Court, Law, Joe Biden, Pennsylvania, Donald Trump, Ruth Bader Ginsburg, Round-up, Howe, Ginsburg, Purcell, Nicholas Stephanopoulos, Amy Howe, Steve Vladeck, John Kruzel, Vladeck, Tableau Public Spencer Baucke


Justice Department to take over Trump's legal defense in E. Jean Carroll defamation suit, writer says Trump raped her in 1990s

"In a court filing Tuesday, the Justice Department said Trump was acting 'within the scope' of his job as president when he said Carroll lied about the incident" The U.S. Justice Department, controlled by Donald Trump and headed by the lyin'-ass Worst Attorney General Ever, Bill Barr, is trying to take over as President Donald Trump's personal legal defense in a defamation suit brought by E. Jean Carroll, the writer who says Trump raped her two decades ago. "TRUMP HURLS BILL BARR AT ME," M...
Tags: Post, New York, News, Justice, Law, US, America, Bloomberg, US news, Cnn, New York Times, Rape, Manhattan, Donald Trump, Doj, Justice Department


Wednesday round-up

The Supreme Court on Tuesday again stepped in to prevent coronavirus-related changes to state election rules. The justices issued an emergency ruling freezing a lower court’s order that would have loosened the requirements for a government-reform coalition in Oregon to add a proposed state constitutional amendment to the state’s November ballot. Amy Howe breaks down the issue in a story for SCOTUSblog that was first published at Howe on the Court. The ruling is the latest in a series of COVID-re...
Tags: Supreme Court, Law, Oregon, Vox, Rhode Island, Round-up, Howe, Ian Millhiser, Roberts Court, Friedman, Elena Kagan, National Collegiate Athletic Association, Amy Howe, Steve Vladeck, Adam Cox, Hill Lawrence Friedman


Friday round-up

Briefly: The long-running dispute over compensation for college athletes is back at the Supreme Court. CNN’s Ariane de Vogue reports that the NCAA filed an emergency request on Thursday asking the justices to issue a stay of a lower court’s ruling that allows colleges to give student-athletes money for computers, study-abroad scholarships and other academic products and services. “The case,” de Vogue writes, “is the latest dispute between those who believe that schools should be able to decide ...
Tags: Supreme Court, Law, Ncaa, Lgbtq, Department Of Justice, Usa Today, Round-up, John Roberts, Mother Jones, Clayton County, Dahlia Lithwick, Steve Vladeck, Ariane de Vogue, Supreme Court CNN, Bostock, Tribal Supreme Court Project


Texas governor extends early voting for November election by nearly a week

Texas is one of the states that does not accept concerns about the coronavirus as a valid reason to vote absentee. So unless Texans have another justification, they will likely have to line up in person to vote in the November election, despite the Lone Star state being a virus hot spot. But Gov. Greg Abbott (R) on Monday announced an extension of early in-person voting by nearly a week, a move he said should help reduce crowd size and make it easier to keep transmission down this fall.> Extendi...
Tags: Texas, News, America, Portland, Trevor Noah, Abbott, Greg Abbott, Tom Cotton, Lone Star, Steve Vladeck


Empirical SCOTUS: Justices’ separate opinions suggest high polarization outside the regular merits docket

Over the past five Supreme Court terms, the justices have issued 157 separate “opinions relating to orders.” These orders, which are issued without oral arguments and without full merits consideration, typically fall into three categories: denials of cert petitions, rulings on emergency requests for relief in pending cases, and summary reversals of lower court decisions. We do not necessarily know all of the justices’ votes on these orders – only the ones the justices choose to make public throu...
Tags: Supreme Court, Law, United States, Ruth Bader Ginsburg, Chevron, Rogers, Stuart, Thomas, Sonia Sotomayor, John Roberts, Murphy, Roberts, Arthur, Dunn, Alito, COLLIER


Solicitor General Noel Francisco announces departure from DOJ

After just under three years (and three Supreme Court terms) on the job, Noel Francisco announced today that he would step down as the solicitor general of the United States, effective July 3, 2020. In a to President Donald Trump, Francisco wrote that he planned “to return to the private sector and spend more time with” his family. In a statement, Attorney General William Barr described Francisco as a “principled and persuasive advocate” who “has represented the United States superbly before t...
Tags: Featured, Supreme Court, Law, Lgbt, Cnn, United States, Muslim, Department Of Justice, Francisco, Doj, Trump, Howe, Barr, Janus, Steve Vladeck, What's Happening Now


US-Supreme-Court stimmt zugunsten der LGBTQ+-Arbeitnehmer*innen

Es ist eine wegweisende Entscheidung: Der amerikanische Verfassungsgerichtshof hat beschlossen, dass der Paragraph 7 des “Civil Rights Acts“ auch LGBTQ+-Menschen vor Diskriminierung am Arbeitsplatz schützen soll. Die Abstimmung fand am gestrigen Montag statt. Festgelegt wurde, dass schwule, lesbische und trans* Personen von nun an auch unter das 1964 beschlossene Bürgerrechtsgesetz fallen und dadurch geschützt werden. Das Gesetz verbietet Arbeitgeber*innen, Arbeitnehmer*innen aufgrund i...
Tags: Fashion, Music, Usa, Supreme Court, Joe Biden, Donald Trump, Kraft, US supreme court, Montag, Richtung, Bei, Frau, Steve Vladeck, Personen, University of Texas School of Law, Arbeitsplatz


Thursday round-up

Briefly: At AP, Jessica Gresko reports that “when a justice is truly steamed to be on a decision’s losing side, the strongest form of protest is reading a summary of the dissent aloud in court”; because the pandemic is keeping the court off the bench this year, dissenters in controversial cases “might have to find a new way to show” their displeasure. Steve Vladeck has this blog’s analysis of Monday’s decision in Banister v. Davis, in which the court held that a prisoner’s motion to alter or am...
Tags: Supreme Court, Law, Ap, Davis, Round-up, Nasrallah, Henry Schein Inc, JESSICA GRESKO, Steve Vladeck, Banister, Convention Against Torture, Bryan Lammon, Richard Faulkner, Philip Loree, U S Supreme Court for Archer and White Sales Inc


Symposium: June Medical Services and the future of Article III standing in abortion cases

Leah Litman is an assistant professor of law at the University of Michigan Law School. She joined an amicus brief on behalf of constitutional law scholars in support of the petitioners in June Medical Services v. Gee and the cross-respondents in Gee v. June Medical Services. Steve Vladeck is the A. Dalton Cross Professor in Law at the University of Texas at Austin School of Law. He joined an amicus brief on behalf of federal courts scholars in support of the petitioners and the cross-respondents...
Tags: Health, Texas, Featured, Supreme Court, Law, Washington, Court, Nebraska, Louisiana, Meyer, Craig, Antonin Scalia, Hart, Scalia, Harvard Law Review, Carey


Under McConnell's rules, Trump's impeachment trial could last well past midnight or end immediately

The Senate will vote Tuesday on Senate Majority Leader Mitch McConnell's (R-K.Y.) proposed rules for President Trump's impeachment trial. If they approve the rules, the senators will be voting for some very late nights at the office.McConnell's rules allow 24 hours for opening arguments over two sessions. If Trump's team and the House Democratic impeachment managers use all their time, it "could push testimony past midnight," The Washington Post reports. That would be a long time...
Tags: Post, Texas, News, Supreme Court, Senate, White House, House, Bill Clinton, Mitch McConnell, Fox News, The Washington Post, Trump, John Roberts, Roberts, Jill, Adam Schiff


Justices to take up battle over Trump financial documents

This afternoon the Supreme Court announced that it would wade into the fray over access to President Donald Trump’s financial records. The justices agreed to review three separate lower-court decisions that ruled against the president: Two of those decisions upheld subpoenas that would force the president’s accounting firm and lenders to turn over financial records that they have in their possession, while a third ordered the president’s accounting firm to provide prosecutors in New York City wi...
Tags: Featured, Supreme Court, Law, New York City, Manhattan, Deutsche Bank, Oklahoma, Donald Trump, Trump, Cyrus Vance, U S Agency for International Development, Creek Nation, Murphy, Vance, Howe, U S Court of Appeals






National security journalism just became a national security threat

Six years ago, British intelligence officers walked into the offices of The Guardian newspaper in London and demanded its staff destroy computers they believed stored highly classified documents leaked by NSA whistleblower Edward Snowden. In the basement of the newspaper’s officers, editors used angle-grinders and drills to destroy the computers in an effort to render its data unusable after “weeks of tense negotiations” between the newspaper and the British government, itself under pressure fro...
Tags: Security, Politics, London, Media, Obama, Washington Post, Nsa, Russia, Tech, Bloomberg, Hillary Clinton, United States, Edward Snowden, Army, The Guardian, Guardian


WikiLeaks’ Assange charged under the Espionage Act in a ‘major test case’ for press freedom

Julian Assange, founder of whistleblowing site WikiLeaks, has been charged with more than a dozen additional charges by U.S. federal prosecutors, including under the controversial Espionage Act — a case that will likely test the rights of freedom of speech and expression under the First Amendment. Assange, 47, was arrested at the Ecuadorean embassy in London in April after the U.S. government charged him with conspiracy to hack a government computer used by then army officer Chelsea Mannin...
Tags: Security, Politics, London, Sweden, Media, Obama, Snowden, Iraq, Tech, Bloomberg, Afghanistan, United States, United Kingdom, Edward Snowden, Army, Julian Assange


U.S. charges Julian Assange under Espionage Act

The U.S. Department of Justice today indicted Wikileaks' Julian Assange under the Espionage Act, the first time a publisher has been charged for revealing classified information. Kevin Poulsen and Betsy Woodruff: The indictment announced Thursday in Washington, D.C. charges Assange with 16 counts of variously receiving or disclosing material leaked by then-Army intelligence analyst Chelsea Manning, which WikiLeaks published as the Iraq and Afghanistan “War Logs” following Manning’s arrest. Assan...
Tags: Post, London, News, Sweden, Washington, Iraq, Journalism, Afghanistan, Britain, Army, Julian Assange, Wikileaks, Chelsea Manning, Assange, U S Department of Justice, Manning