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The Latest Breaking News from Neomi Rao

Trump is making plans to avoid an RBG situation on the Supreme Court, his next picks could be even more right-wing

President appointed three of the nine judges on the Supreme Court during his first term

The Independent UK

Appeals court throws out plea deal for alleged mastermind of Sept. 11 attacks

A divided federal appeals court has thrown out an agreement that would have allowed accused Sept. 11 mastermind Khalid Sheikh Mohammed to plead guilty in a deal that would have spared him the risk of execution for al-Qaida’s 2001 attacks

The Independent UK

No Pseudonymity for Would-Be FDIC Employee Challenging Ban on Employment of Felons

From Doe v. Hill, decided today by D.C. Circuit Judge Patricia Millett, joined by Judges Neomi Rao and Judith Rogers:… The post No Pseudonymity for Would-Be FDIC Employee Challenging Ban on Employment of Felons appeared first on Reason.com.

Reason

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Limits on the President's Power to Remove Inferior Officers (Even When He Has Power to Remove Department Heads)

In yesterday's Aviel v. Gor, D.C. Circuit Judge Gregory Katsas, joined by Judge Nina Pillard, held that the President likely… The post Limits on the President's Power to Remove Inferior Officers (Even When He Has Power to Remove Department Heads) appeared first on Reason.com.

Reason

US urges appeals court to allow military transgender ban - Roll Call

The Trump administration urged an appellate court on Tuesday to allow the U.S. military to enforce a ban on transgender people serving.

Roll Call

Appeals court reinstates board members Trump fired - Roll Call

The appeals court reinstated members of the Merit Systems Protection Board and National Labor Relations Board fired by President Donald Trump.

Roll Call

Odds Are Against TikTok at the Supreme Court

It seems unlikely that five Justices will buy TikTok's First Amendment arguments when neither Judge Douglas Ginsburg nor Judge Neomi Rao nor Chief Judge Sri Srinivasan did so.

Reason

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TikTok Goes to Court

Plus: The media reacts to the second Trump assassination attempt.

Reason

Appeals court sounds skeptical of TikTok challenge to potential ban - Roll Call

TikTok faced a skeptical federal appeals court Monday in a bid to overturn a law that could ban the video-sharing app in the United States.

Roll Call

US appeals court allows EPA rule on coal-fired power plants to remain in place amid legal challenges

A federal appeals court is allowing a Biden administration rule aimed at limiting planet-warming pollution from coal-fired power plants to remain in place as legal challenges continue

The Independent UK

D.C. Circuit Rejects Conflict Mineral Suit Against Apple and Other Tech Companies

Former cobalt miners cannot sue manufacturers for acquiring rare metals in relevant markets.

Reason

New Univ. of Texas Law Class on "Understanding Conservative Legal Thought"

I thought this item from Prof. John Greil at Texas was much worth passing along; he is still developing the syllabus, and comments and suggestions are welcome at john [dot] greil [at] law [dot] utexas [dot] edu: Next fall semester, I'll be teaching a new course at Texas Law—Understanding Conservative…

Reason

D.C. Circuit Rejects Oil Company Attempt to Remove District's Climate Suit to Federal Court

Yet another federal circuit court of appeals rejects energy company removal claims.

Reason

D.C. Circuit Rejects First Amendment Lawsuit over AG's Memorandum About Threats to Schools

From Saline Parents v. Garland, decided today by the D.C. Circuit, in an opinion by Judge Harry Edwards, joined by Judges Neomi Rao and Florence Pan: On October 4, 2021, the Attorney General … issued a one-page memorandum … to various units in the Department of Justice …, expressing concern…

Reason

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Roll Call

Appeals court limits search of Rep. Scott Perry's cell phone in Jan. 6 probe - Roll Call

A federal appeals court in Washington limited the information investigators can access on the phone of GOP Rep. Scott Perry.

Roll Call

Appeals court reverses part of ruling on DOJ access to Perry's phone - Roll Call

A federal appeals court told a district judge to reconsider part of a ruling involving Rep. Scott Perry, R-Pa., but didn't provide details.

Reason

Vermeule and Casey Respond to Judge Rao on Textualism's Political Morality

Further debate on textualism, "common good constitutionalism," and the classical legal method.

Reason

Court Rules in Favor of Pro-Life Protesters Arrested for Chalk Messages

While chalking on D.C. sidewalks and streets is illegal, the protesters say they were targeted for their beliefs.

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Reason

"Textualism's Political Morality" by the Honorable Neomi Rao

Judge Rao's 2022 Canary lecture has now been published in the Case Western Reserve Law Review.

Reason

Justice Kagan: Affirmative Action Suggests that Beneficiaries Could Not be Accepted Based on Merit Alone

OK, she said it in 2006 as a dean, not a Justice, and about women and law review membership at Harvard, not SFFA and minority admissions, but I would be interested in knowing why she has expressed this concern about women, but not URMs. Relatedly, my former colleague (now DC…

Reason

Do the 5th and 14th Amendments Impose Equivalent Due Process Limits on Court Jurisdiction?

U.S. Court of Appeals Judge Neomi Rao suggests the full court needs to consider this question en banc.

Fortune

Grayscale’s GBTC shares soar more than 10% after judges show skepticism of SEC’s denial of Bitcoin ETF

The pivotal court case could determine the financial future of Digital Currency Group.

Reason

D.C. Circuit Refuses to Order Archivist to Certify Ratification of Equal Rights Amendment

From today's D.C. Circuit opinion in Illinois v. Ferriero, written by Judge David Wilkins and joined by Judges Neomi Rao and Michelle Childs: The States of Illinois and Nevada … filed this mandamus action in the district court, seeking to compel the Archivist of the United States to certify and…

The Guardian - US

US court skeptical of bid to access congressman’s phone in January 6 inquiry

At issue is whether a protection afforded by the constitution applies to ‘informal’ fact-finding by members of Congress

Tribune News Service

Appeals court weighs protections for Congress members' cellphone contents

WASHINGTON — A federal appeals court in Washington grappled with what constitutional protections members of Congress might have for content on their cellphones, during oral arguments Thursday related to a criminal grand jury probe.

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