“Sarah Palin’s libel case against New York Times opens in Manhattan courtroom, a culture clash with lasting legal potential; The former Alaska governor claims the paper defamed her with a 2017 editorial that was later corrected, in a case that tests long-standing protections for publishers”: Sarah Ellison of The Washington Post has this report.
“The Trouble With Court-Packing”: Law professor Neil Siegel has posted this article at SSRN.
“Does the Fourteenth Amendment Destroy Federalism? Relying on the Court to enforce uniform opinions on rights when there is no consensus seems more like an invitation to civil war than to civil rights.” Donald Devine has this post at the “Law & Liberty” blog.
“Is the legal standard for libel outdated? Sarah Palin could help answer. Her lawsuit against the New York Times will hinge on an earlier case. Some critics think it’s time for a new rule.” Law professor Genevieve Lakier has this essay online at The Washington Post.
“Appeals court restores Tennessee Down syndrome abortion ban”: Kimberlee Kruesi of The Associated Press has this report on an en banc per curiam order, accompanied by a dissenting opinion, that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
“Misreading and Transforming Casey for Dobbs”: Law professor Sherif Girgis has posted this essay at SSRN.
“Ketanji Brown Jackson’s Harvard Race-Discrimination Problem: If Biden selects this judge, she will have to answer for her service on the board of a racially discriminatory college.” Dan McLaughlin has this essay online at National Review.
“‘The fight came to us’: Schumer the judicial warrior heads into SCOTUS battle; Republicans point to the majority leader as the catalyst for a snarled judicial confirmation process; Democrats see a leader who wanted to prevent the courts from leaning too far right.” Marianne LeVine of Politico has this report.
“Biden’s Supreme Court Pledge Reflects Push Across Federal Judiciary; Move to nominate first Black woman to high court is in line with lower-court nominations, which have emphasized diversity”: Laura Kusisto of The Wall Street Journal has this report.
“Should Kavanaugh bow out of blockbuster SCOTUS climate case?” Pamela King of EnergyWire has this report.
And at “The Volokh Conspiracy,” Jonathan H. Adler has a post titled “Does the Supreme Court Have Jurisdiction to Hear West Virginia v. EPA? The Solicitor General and NGO respondents argue that the petitioners lack appellate standing to challenge the D.C. Circuit’s interpretation of the Section 111 of the Clean Air Act.”
“Public’s Views of Supreme Court Turned More Negative Before News of Breyer’s Retirement; 84% say justices should not bring their political views into decisions”: Pew Research Center has this report.
“Man previously arrested for parking SUV in front of Supreme Court returned to the same spot, police say”: Kevin Breuninger of CNBC has this report.
Today, the United States Capitol Police issued a news release titled “Previous USCP Arrestee Stopped near the U.S. Supreme Court.”
“One Illness Reminds Democrats They Have No Votes to Spare; With a Supreme Court confirmation vote approaching, some Democrats are urging a speedier process to guard against unforeseen circumstances”: Carl Hulse has this new installment of his “Congressional Memo” column online at The New York Times.
“The only way to know we aren’t picking a justice for the wrong reason is to choose a White man”: Columnist Alexandra Petri has this essay online at The Washington Post.
“Neil Gorsuch’s Very Nonpartisan Federalist Society Speech Is Closed to the Press: Nothing to see here! Not that you could even if you wanted to!” Yvette Borja has this post at Balls and Strikes.
“‘There’s So Much That’s Not in the Constitution’: Unwritten ideas necessarily guide even the strictest readings of the text, despite what some originalist jurists like to believe.” Professor George Thomas has this essay online at The Atlantic.
“High court conservatives target O’Connor, Kennedy opinions”: Mark Sherman of The Associated Press has this report.
“Profile of a potential nominee: J. Michelle Childs.” Amy Howe has this post at “SCOTUSblog.”
“Biden’s first-year judicial appointments — prospects for 2022 and beyond”: Russell Wheeler has this post, part three of a three-part series, at the “FixGov” blog of the Brookings Institution.
And part two of that series, published several days ago, is titled “Biden’s first-year judicial appointments — impact.”
“The Dan Markel Case: Justice Delayed, Again; And another interesting development: is Wendi Adelson now a suspect?” David Lat has this post at his “Original Jurisdiction” Substack site.
“Verdict: Jury finds neither party defamed each other in Roy Moore-Leigh Corfman lawsuits.” Kirsten Fiscus has this front page article in today’s edition of The Montgomery Advertiser.
Paul Gattis of Alabama Media Group has reports headlined “Roy Moore trial: Both sides claim victory after jury says neither party defamed the other” and “Roy Moore shifts attention to Etowah County lawsuit against accusers.”
And John Wagner of The Washington Post reports that “Neither Roy Moore nor his accuser prevail in dueling defamation suits in Alabama.”
“Sen. Ben Ray Luján’s stroke shows the fragility of Democrats’ Senate majority; Luján’s stroke appears relatively minor, but information about his condition has been closely held, fueling speculation about potential challenges for Democrats”: Mike DeBonis has this article in today’s edition of The Washington Post.
“Justice Sonia Sotomayor”: You can access yesterday’s episode of the “Conan O’Brien Needs A Friend” podcast via this link.
“Labor groups wary of potential Supreme Court pick backed by top House Democrat”: Jeff Stein and Seung Min Kim have this article in today’s edition of The Washington Post.
And Seung Min Kim of The Washington Post also reports that “White House unveils Supreme Court nomination team.”
“Yes, the Supreme Court ‘Should Look Like the Country'”: Walter Dellinger has this guest essay online at The New York Times.
“Biden chooses Trump judge Stephanie Dawkins Davis for 6th Circuit U.S. Court of Appeals”: Melissa Nann Burke of The Detroit News has this report.
Todd Spangler of Detroit Free Press reports that “Biden nominates Michigan U.S. District Judge Stephanie Dawkins Davis to appeals bench.”
And Rose Wagner of Courthouse News Service reports that “Biden nominates Stephanie Dawkins Davis to Sixth Circuit vacancy; Davis would be the second Black woman to serve on the Sixth Circuit.”
Yesterday, the White House issued a news release titled “President Biden Makes Fourteenth Judicial Nominations Announcement.”
“The Supreme Court Is on the Wrong Path”: Law professor Adrian Vermeule has this guest essay — a paean to common good constitutionalism, the subject of his forthcoming book — online at The New York Times.
“Dan Markel murder: Magbanua trial postponed until May; judge says ‘I don’t have any choice.'” Karl Etters of The Tallahassee Democrat has this report.