NEW: Biden is nominating Julie Rikelman, the lawyer who represented the Mississippi abortion clinic at the heart of the Supreme Court's decision overturning Roe v. Wade, to be an appeals court judge on the 1st Circuit. She's one of 9 new judicial nominees.
New: Justice Samuel Alito, the author of the leaked draft abortion ruling that would overturn Roe v. Wade, has canceled an appearance at the 5th Circuit's judicial conference set to begin tomorrow in Nashville.
Justice Alito tells the
@WSJ
that Congress has no business policing SCOTUS. "I know this is a controversial view, but I’m willing to say it... No provision in the Constitution gives them the authority to regulate the Supreme Court—period."
The Senate Judiciary Committee has just voted to advance a bill to make PACER free, after it appears the bulk of the panel decided during the hearing to join as co-sponsors of the bipartisan legislation.
New: U.S. District Judge Reggie Walton of D.C. had become the rare federal judge to argue the Supreme Court needs an ethics code, saying it was "unimaginable that we have a segment of our federal judiciary that's not subject" to one.
@ReutersLegal
My latest: A bill that would subject U.S. Supreme Court justices and federal judges to tougher disclosure requirements for their financial holdings and stock trades is set to win final congressional approval today with a vote in the House.
@Reuters
Justices Roberts and Thomas were also before the leak slated to speak at the 11th Circuit's conference in Atlanta that begins tomorrow. I was unable to confirm immediately if they are still planning to attend.
New: A federal judicial rules-making panel today decided to examine whether to curtail "judge shopping" by state AGs and activists who file lawsuits challenging government policies in courthouses where a single, sympathetic judge hears most cases.
As a side note, I stumbled onto this doing what was to be a different article, about how many of the federal circuits this year are resuming in-person conferences following a pause during the pandemic.
Judge Stephanos Bibas, a 3rd Circuit Trump appointee, said his peers should avoid writing "show off" opinions and that the "kind of cheerleading you get from Twitter is really dangerous."
"Try to be on Twitter less than you otherwise would," he said.
Breaking: A federal judge today threw out a lawsuit by a group of gun manufacturers, distributors and retailers challenging the constitutionality of a New York law that allows the state and people affected by gun violence to sue the industry.
NEW: President Biden today is unveiling five new judicial nominees, including two with public defender experience to be appellate judges on the 1st and 2nd Circuits, Lara Montecalvo and Judge Sarah Merriam.
@Reuters
President Joe Biden nominated a slate of nine people to serve as U.S. attorneys, including several who, if confirmed, would become the first Black women to serve as the top federal prosecutors in their districts.
@Reuters
Legal
An Obama-appointed judge in Illinois held that despite the existence of a "gun violence epidemic," the Supreme Court's Bruen decision on Second Amendment rights compelled her to conclude a federal ban on felons possessing firearms was unconstitutional.
So you’re telling me that going into Christmas we are going to be waiting for verdicts for Elizabeth Holmes, Ghislaine Maxwell, Kimberly Potter, a Harvard prof in a big China Initiative case and New York’s opioid trial? Are there any odds a jury will hold off until next week?
Deutsche Bank has agreed to pay $26.25 million to settle a shareholder lawsuit accusing the bank of lax oversight while doing business with risky, ultra-rich clients like Jeffrey Epstein and Russian oligarchs.
@Reuters
New: Judge James Ho, a 5th Circuit appointee of Trump, in a speech is urging judges to "not be afraid of being booed" by issuing rulings unpopular with "cultural elites" and people who consider the U.S. Constitution "trash."
@ReutersLegal
New: Trump-appointed Judge Kathryn Kimball Mizelle in Florida ruled that a federal law that bars people from possessing firearms in post offices is unconstitutional, saying it is "incongruent with the American tradition of firearms regulation."
President Biden today nominated eight new judges, including a public defender tapped to serve on a federal appeals court and a civil rights lawyer who will become the first Muslim woman to serve on the federal bench.
@joshtpm
"After a regulatory filing with the Securities and Exchange Commission showed that Soros Fund Management sold its entire stake in Tesla that it had bought last year, Musk took to the social-media platform he owns to attack the 92-year-old."
Trump-appointed Judge James Cain in Louisiana calls the Biden administration's ban on approving licenses to export liquified natural gas "perhaps the epiphany of ideocracy." (I suspect he was looking for the word "epitome.")
Personal news: If you saw any of the three court stories today with my name on them, I'll let you in on a secret -- others filed prewrites in my place. That's because we had a baby yesterday! So I'm taking the week off to enjoy getting to know my second daughter.
Folks. On Monday, John Kapoor, the onetime billionaire founder of Insys Therapeutics, will become the highest pharmaceutical executive to ever face trial for, according to prosecutors, helping fuel the opioid epidemic.
My latest: The Senate signed-off on President Joe Biden's sixth appointment to the 9th U.S. Circuit Court of Appeals, Salvador Mendoza, as Democrats speed up the pace of judicial confirmations ahead of the November midterm elections.
@ReutersLegal
U.S. Supreme Court Justice-designate Ketanji Brown Jackson has selected a diverse set of lawyers to serve as her first four law clerks, including one who has advocated for the judiciary to do more to prevent sexual harassment.
@ReutersLegal
Scoop: Biden is nominating 5 new judges, including Cindy Chung, the top federal prosecutor in Pittsburgh picked for the 3rd Circuit. Not on the latest nominees list? Chad Meredith, a GOP former Kentucky solicitor general who defended abortion restrictions.
A scientific publisher has retracted two studies that Trump-appointed Judge Matthew Kacsmaryk cited as support for suspending FDA of the abortion pill mifepristone at the request of anti-abortion doctors and medical associations.
The 5th Circuit declined 12-3 to reconsider a ruling allowing a Texas judge to open his court with a daily prayer ceremony. Judge Higginson dissented, saying the ruling "endangers our independent judiciary." Prior story: Order:
Among the members of Congress at the Judicial Conference's closed-door meeting was Senate Judiciary Chair Dick Durbin, who while seated next to Chief Justice John Roberts spoke about the "ethical crisis" facing the Supreme Court and the need for a code of conduct, a source says.
This is going to be a big one: Julie Rikelman, the abortion rights lawyer who argued Dobbs, is going before the Senate Judiciary Committee on Wednesday after Biden nominated her to be a federal appeals court judge.
New: Trump-appointed Judge Matthew Kacsmaryk, the Texas judge in the abortion pill case, tonight blocked new banking regulations that would overhaul how lenders extend loans and other services to low- and moderate-income Americans.
@Reuters
New: The U.S. Senate Judiciary Committee has delayed Tuesday’s hearing on Biden's nomination of Judge Michelle Childs to serve on the D.C. Circuit, per a panel aide. Rep. Clyburn had championed her as a SCOTUS pick. The panel will now hold a hearing on district court picks.
A California appeals court today ruled that bees can qualify as "fish" for the purposes of the state's Fish and Game Commission considering whether to list four species as endangered.
The lawsuit has been assigned to U.S. District Judge Reed O'Connor, an appointee of former Republican George W. Bush known for his frequent rulings favoring conservative litigants, including a since-reversed decision declaring Obamacare unconstitutional.
A day after the 5th Circuit's abortion pill ruling, Judge James Ho, one of the panel's members, was to speak at a Federalist Society event with Judge Matthew Kacsmaryk, the Texas judge who wanted to suspend FDA approval of it, and Judge Reed O'Connor.
New: A former employee of a federal prison in Massachusetts has agreed to plead guilty to secretly accepting thousands of dollars from Raj Rajaratnam while the Galleon Group hedge fund founder was serving time for insider trading.
@Reuters
That thing when
@LastWeekTonight
cites one of your articles (and you by name) in a segment (on that favorite of niche topics of mine, drug compounding)
The DOJ's inspector general is conducting an audit concerning U.S. Marshals Service's programs and practices for protecting federal judges at their homes.
“Although this is a harsh sanction, justice demands it under the circumstances,” a Tennessee judge ruled in holding Endo liable in a $2.4 billion opioid case on default as a sanction for delays and withholding records. Damages trial and appeal next
Personal news: I recently took on the position of legal newsletter editor at
@ReutersLegal
and with
@ctrembz
today launched The Daily Docket, a daily newsletter covering courts and the legal industry. Check it out! Subscribe:
New from
@SarahNLynch
and me for
@reuters
: Three progressive DAs in Massachusetts, North Carolina and Georgia—all Black women—have been approached by congressional Democrats or Biden transition team members about joining the DOJ as U.S. attorneys.
New: A federal court in Texas that has become a favored destination for conservatives suing to block Biden's agenda has decided not to implement a policy adopted by the judiciary's top policymaking body that aims to curb "judge shopping."
New: "Instead of boycotting, I hope to receive even more Yale applications from qualified men and women," 5th Circuit Judge Jerry Smith wrote in a posting to prospective clerks, as he called Trump-appointed Judge James Ho's Yale boycott "regrettable."
New: Trump-appointed Judge Kyle Duncan tells me Stanford Law School should apologize after student protesters disrupted his talk on campus. "They are idiots," he said of the students. "They are hypocrites and they are bullies."
@ReutersLegal
@mjs_DC
Vacancies have slowed in recent months; I haven't written on a circuit court judge taking senior status in a while. But I think that was judges waiting to see how midterms went.
As a former SDNY reporter, it is striking to me how many of the big headline-grabbing convictions I covered during Preet Bharara's era have been tossed following appeals.
Today at the Supreme Court: The justices hear a pair of cases that could make it harder to pursue public corruption prosecutions, involving appeals of bribery and fraud convictions of an ex-aide to former NY Gov Andrew Cuomo and a businessman
New from me: Fresh off of securing Ketanji Brown Jackson's confirmation to the U.S. Supreme Court, Senate Democrats are preparing to push through as many lower-court judicial nominees as President Joe Biden can send them before the November midterms.
How should law schools punish them? Per the judges, not just suspend or expel student protestors, but also "threaten to report negatively on a student’s character and fitness to state bar examiners" and "identify the disrupters so that future employers know who they are hiring."
Judge overseeing the Baltimore Police Department consent decree rejects DOJ request to delay deadlines in the case on due to the government shutdown. “This financial matter is a dispute internal to one party, the Federal Government.”
The U.S. Senate has confirmed Dana Douglas to be the first Black woman to ever serve on the 5th U.S. Circuit Court of Appeals, giving Democratic President Joe Biden his first appointee to a conservative-leaning court that has often stymied his policies.
U.S. Circuit Judge Pauline Newman has committed "serious misconduct" by refusing to cooperate with a mental fitness probe and should be suspended from hearing new cases for 1 year, an investigative panel of the Federal Circuit said.
@blakebrittain
@mjs_DC
@cdkang76
I would like to see a photo of this fishing rod, as an on-and-off-again angler myself. Price suggests higher quality than the ones I have used.
The federal judge overseeing litigation against Purdue Pharma and other opioid companies barred
@WSJ
and
@eheisig
from watching a hearing today. He did not detail his reasons for barring the public, prompting today’s story about secrecy.
Programming note: Today is my last day writing news for a few months, as I will be going on leave for a bit to spend time with the newest member of our family. (She was born in November, but I deferred taking leave until my wife went back to work.) I'll be back mid-summer.
New: The Northern District of Texas, a federal court that has become a favored destination for conservatives suing to block Biden's agenda, has adopted a rule that would automatically stay orders transferring lawsuits out of the 5th Circuit for 21 days.
New from me: Federal judiciary policymakers have endorsed a plan to eliminate fees for online docket searches amid debate in Congress about whether to force the court system to make its PACER electronic court record system free.
@ReutersLegal
Trump-appointed Judge Matthew Kacsmaryk rejected the Biden administration's bid to transfer a lawsuit by GOP states challenging a rule allowing socially conscious investing by retirement plans, rejecting the DOJ's "judge shopping" claims.
@Reuters
So, does anyone else think it’s weird for a lawyer to describe a law firm as a way for money to be “funneled?” Feel like that’s a phrase I’d usually see in a money laundering case.
Trump-appointed Judges James Ho and Elizabeth Branch, who are boycotting hiring clerks from Yale over campus "cancel culture," have weighed in on the Stanford protest involving Judge Kyle Duncan, saying law students who disrupt speakers should be punished.
Trump-appointed Judge Mark Pittman in Texas has sent the Chamber of Commerce's challenge to the CFPB's credit card fee rule to D.C.
"Venue is not a continental breakfast; you cannot pick and choose on a plaintiffs' whim where and how a lawsuit is filed."
Democratic lawmakers on the U.S. House Judiciary Committee urged the federal judiciary to investigate the conduct of two Republican-appointed federal judges who have hired a law clerk with a "history of nakedly racist and hateful conduct."
@Reuters
“I don't want to cancel Yale. I want Yale to stop cancelling people like me." My write up of Judge James Ho's latest speech and his call for judges to boycott hiring law clerks from Yale.
My latest: Judge Judith Rogers plans to step down from active service on the federal appeals court in D.C., giving President Biden a vacancy to fill on a court seen by many as second in importance only to the U.S. Supreme Court.
@ReutersLegal
My latest: Senate Democrats plan to make confirming President Joe Biden's judicial nominees a top agenda item when they return from the holidays, after helping him put more judges on the bench than his predecessor Donald Trump did in his first two years.
My latest: Judge Ilana Rovner, the first woman to serve on the 7th U.S. Circuit Court of Appeals, said on Friday she plans to step down from active service, creating a new vacancy on the Chicago-based court for Democratic President Joe Biden to fill.
Update: Biden has signed Judge Nicole Berner's commission, a court official confirms, so she can participate in all three of this week's Second Amendment en banc arguments at the 4th Circuit.
If President Biden signs Nicole Berner's commission tonight, she'll be able to participate as a judge during tomorrow's en banc 4th Circuit arguments over Maryland's assault weapons ban, a court official tells me.
In other opioid news, a Massachusetts judge rejected OxyContin maker Purdue Pharma’s efforts to keep much of
@MassAGO
opioid lawsuit redacted and hidden from the public.
New: The U.S. Department of Justice on Wednesday threw its support behind a lawsuit by three graduate students accusing Harvard University of ignoring sexual harassment by a professor who they said threatened their academic careers if they reported him.
New:
@FixTheCourt
filed a complaint accusing a Texas judge of engaging in misconduct by taking the "strange" step of requiring three attorneys for Southwest Airlines to attend "religious liberty training" by a conservative Christian legal group.
Ralph Nader, at an event at Harvard today on "corporate capture of the legal system," said this of legal media: "Look at the legal media. It's just who's going from one law firm to another."
From cutting room floor, Bibas also discussed writing his opinions with a brief introduction that could be used as a "little press release" for news reporters as struggling newspapers who do not cover courts regularly so they have everything they need to know at a high level.
Judge Stephanos Bibas, a 3rd Circuit Trump appointee, said his peers should avoid writing "show off" opinions and that the "kind of cheerleading you get from Twitter is really dangerous."
"Try to be on Twitter less than you otherwise would," he said.
"Nobody wants to be vindictive," Ho and Branch wrote. "But rules aren't rules without consequences. And make no mistake: Administrators who promote intolerance don't belong in legal education. And students who practice intolerance don’t belong in the legal profession."
Humira was costing one woman's employer over $70,000 a year, more than her salary. HR's solution? Fly her to the Bahamas, where the drug is much cheaper and a doctor could prescribe her a four-month supply.
@nytimes
Elizabeth Holmes’ lawyers in a motion signal a trial defense centered on
@JohnCarreyrou
, who they say “was exerting influence on the regulatory process in a way that appears to have warped the agencies' focus on the company and possibly biased the agencies' findings against it."
After
@FixTheCourt
the other day referred to "The Thomas Crow Affair," I asked Bing/ChatGPT to imagine an art heist starring Clarence Thomas and Harlan Crow. The results are now in. I present the plot for "The Crow's Nest."
New: Lawmakers have left a proposal to make the judiciary's PACER online court records system free out of the sprawling, $1.66 trillion spending measure unveiled today, a setback for advocates as the current Congress nears its end.
@ReutersLegal
New: President Biden has four new district court nominees in Illinois, Louisiana and Maryland. Those nominees include Darrel Papillion, a former president of the Louisiana State Bar Association who will need "blue slips" from his state's two GOP senators.
New: A federal appeals court today appeared open to siding with convicted Boston Marathon bomber Dzhokhar Tsarnaev in his latest bid to reverse his death sentence for his role in the 2013 attack that killed three people and wounded 260 others.
Some personal news: After a year of helping head up and launch the Daily Docket, I’m stepping off the newsletter to cover the judiciary and major litigation full time! I’ll be turning my attention to the new beat in a week after I take a little vacation.