- Supreme Court will hear “Slants” trademark case, which could prove relevant to Washington Redskins controversy [Eugene Volokh on Lee v. Tam]
- Ooh: Oregon Sen. Jeff Merkley says SCOTUS vacancy being “stolen” which “delegitimizes” any nominee [Roger Pilon] More on President-elect Trump and the Supreme Court: Jeffrey Rosen/Politico, Josh Blackman/National Review;
- “Whether a federal court of appeals has jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice.” [Microsoft v. Baker]
- Are malicious prosecution claims cognizable under the 4th Amendment? [Damon Root, Reason on Manuel v. City of Joliet; more, Glenn Harlan Reynolds/Cato Supreme Court Review]
- “Justice Kennedy: The Once and Future Swing Vote” [Ilya Shapiro] Justice Sam Alito’s speech to Federalist Society lawyers looks to post-Scalia era [Adam Liptak, NYT]
- “Supreme Court Justices Push Back On Government’s Expansive Insider-Trading Theories” [Daniel Fisher, earlier on Salman v. U.S., Thaya Brook Knight and related video]
One Comment
Sen Merkley’s threat to filibuster any conservative replacement for Scalia has (as mentioned in the article) been rendered philosophically hollow by the Democratic repeal of the filibuster for district court and agency appointments. The Democrats might find more support, however, if while accepting Trump’s right to replace a conservative with a conservative, they filibuster attempts to replace a USSC progressive with a conservative.