“Appeals Court Considers Reviving Texas Migrant Law, Now on Hold; As dizzying legal developments sowed confusion along the border, an appeals court panel appeared split over whether Texas’ migrant arrest law should remain on hold while the court fight continues”: J. David Goodman of The New York Times has this report.
Mattathias Schwartz of The New York Times reports that “Appeals Court Shaped by Trump Is at Center of Texas Border Debate; The fight over a new immigration law is the latest national controversy to reach the Fifth Circuit Court of Appeals.”
Charlie Savage and Jack Healy of The New York Times have a news analysis headlined “Fight Over Texas Law Underscores a Battle of America vs. Its States; The partisan gridlock gumming up Washington has prompted states controlled by one party to set off on their own.”
Arelis R. Hernández and Patrick Svitek of The Washington Post have an article headlined “Texas immigration law is on hold. But the confusion is still mounting. Whiplash legal rulings over S.B. 4 leave migrants, officers and advocates in limbo.”
Elizabeth Findell and Adolfo Flores of The Wall Street Journal have an article headlined “Flurry of Court Actions on Immigration Law Causing Confusion in Texas; Fifth Circuit panel gives no indication of whether it will allow state to arrest and deport migrants while law is litigated.”
And in commentary, Thursday’s edition of The Wall Street Journal will contain an editorial titled “Texas, the Border and the Supreme Court; Gov. Abbott’s law is back on hold, after overwrought cries of judicial abdication.”
“White House: Attack on judicial nominee is ‘Islamophobic smear campaign’; Adeel A. Mangi, a partner in a New York law firm, would be the first Muslim American judge on the federal appellate bench.” Tobi Raji of The Washington Post has this report.
“Dog food fight is on at the US Supreme Court”: Alison Frankel’s “On the Case” from Reuters has this post.
“Fourth Circuit hears third challenge to Maryland assault weapons ban; Gun rights advocates argue the more than 20 million AR-15 rifles in circulation show they are in common use and therefore protected by the Second Amendment”: Joe Dodson of Courthouse News Service has this report.
And yesterday, Mike Vilensky of Bloomberg Law reported that “Gun Laws to Face Fourth Circuit in Trio of Post-Bruen Tests; Three cases questioning gun restrictions get en banc rehearing; The Fourth Circuit has undergone a liberal shift recently.”
At some point in the not too distant future, you can access the audio recordings of today’s en banc Fourth Circuit oral arguments via this link.
“Do Judges Also ‘Berate’ The Press?” Josh Blackman has this post at “The Volokh Conspiracy.”
My favorite “berating” was when two Third Circuit judges, at a cocktail reception, forcefully expressed their disagreement with my view expressed in my appellate column that it wasn’t proper for a dead Article III judge to be casting the deciding vote on a case. As often happens, ultimately the U.S. Supreme Court had the last word on this matter.
“The New Judge Shopping Fix Has Two Huge Loopholes”: Law professors Paul R. Gugliuzza and J. Jonas Anderson have this Jurisprudence essay online a Slate.
“How the Justices Should Decide the Trump Immunity Case: The Supreme Court needs to set a standard that respects the presidency as well as the rule of law.” Ohio Attorney General Dave Yost will have this op-ed in Thursday’s edition of The Wall Street Journal.
“Biden taps U.S. Attorney for Western District Kevin Ritz as Sixth Circuit Judge nominee”: Lucas Finton of The Memphis Commercial Appeal has this report.
Today, the White House issued a news release titled “President Biden Names Forty-Seventh Round of Judicial Nominees and Announces One New Nominee to Serve as U.S. Marshal.”
Update: In other coverage, Tiana Headley of Bloomberg Law reports that “Biden to Nominate Prosecutor to Sixth Circuit Tennessee Seat; Kevin Ritz is US Attorney in Tennessee; Ex-public defenders tapped for two trial courts.”
“US appeals court skeptical of challenge to Maryland assault weapons ban; 4th Circuit hearing three Second Amendment cases en banc; Case was first to be heard by new Judge Nicole Berner”: Nate Raymond of Reuters has this report.
“Biden Seventh Circuit Nominee Pressed by GOP on Case Management; Nancy Maldonado nominated to Seventh Circuit; Republicans critical of motion backlog as district judge”: John Crawley of Bloomberg Law has this report.
And Nate Raymond of Reuters reports that “Senate Republicans grill 7th Circuit nominee on her trial court backlog.”
“Dinkus”: You can access the new episode of the “Divided Argument” podcast via this link.
The episode’s description begins, “After grappling with listener feedback ranging from the acoustic to the typographical, we catch up on last month’s decisions in Great Lakes v. Raiders Retreat Realty (admiralty) and McElrath v. Georgia (double jeopardy).”
“Texas’s S.B. 4 immigration enforcement law appears likely to remain on hold for now; Chief Judge Priscilla Richman of the Fifth Circuit, a George W. Bush appointee, was skeptical of Texas’s arguments to enforce the law immediately”: Chris Geidner has this post at his Substack site.
“The Appeal Deadline & Subsequent Rule 59(e) Motions: The Fifth Circuit held that the grant of a Rule 59(e) motion that resolved an ambiguity in the original judgment allowed a second Rule 59(e) motion to reset the appeal clock.” Bryan Lammon has this post at his “final decisions” blog.
“The Fight Against Birth Control Is Already Here; Conservatives are using old methods to start the battle against contraceptives”: Law professor Mary Ziegler has this Jurisprudence essay online at Slate.
“Texas Deportation Law Gets Skeptical Reception From Key Judge; Chief judge suggests law infringes on US immigration power; Hearing follows late-night order temporarily blocking law”: Madlin Mekelburg of Bloomberg News has this report.
“Trump plans new short list of 20 potential Supreme Court picks”: Alex Swoyer and Charles Hurt of The Washington Times have this report.
