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The U.S. Senate Judiciary Committee will hold a hearing on several of President Trump's judicial nominees today, including picks for the 1st and 9th Circuits. But the federal judiciary has a pitch for the next time a seat opens up on one federal appeals court in particular: Don't fill it. Here's what to know: |
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- The U.S. Judicial Conference in a report released last week detailing the results of its closed-door meeting in March said the judiciary's policymaking body agreed to recommend the president and U.S. Senate allow open seats on the 10th Circuit to remain empty in order to deal with what it describes as low per-judge caseloads on the Denver-based appeals court. Read more about the 10th Circuit's caseload here.
- The 27-member Judicial Conference, which is headed by Chief U.S. Supreme Court Justice John Roberts, makes such recommendations to leave vacancies unfilled every two years based on a biennial survey of judgeship. Read the most recent report here.
- The White House did not respond to a request for comment on the recommendations. But experts say Trump is likely to disregard them, just as he did in his first term when he appointed two new judges to the 10th Circuit and President Biden did when he named another two to the same court.
- Such vacancies in Trump's second term are far from hypothetical, as two appointees of President George W. Bush are now eligible to take senior status. Any appointment to that court could add to Trump's legacy of putting a conservative stamp on the judiciary. He secured the appointment of 234 judicial nominees in his first term, and the Senate has confirmed four more since January.
- Two more of Trump's appeals court picks go before the Judiciary Committee today: Joshua Dunlap, a Maine litigator nominated to join the 1st Circuit, and Eric Tung, a former clerk to a pair of conservative U.S. Supreme Court justices nominated to serve on the 9th Circuit.
- On Tuesday the Senate confirmed Trump's former personal lawyer Emil Bove to the 3rd Circuit, installing a Trump loyalist who presided over a tumultuous period at the DOJ on a crucial appeals court. Read more about that here.
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- The President's Working Group on Digital Assets is expected to release a report today outlining its stances on various elements of digital asset policy, including market structure legislation, tokenization and tax guidelines.
- Four fair housing organizations will urge the 1st Circuit to conclude a lower-court judge wrongly allowed the Trump administration to terminate federal grants they were issued. Read the original complaint.
- The 11th Circuit will hear an appeal by the Escambia County School Board in a lawsuit challenging its decision to ban certain books from the Florida school district's libraries for ideological reasons. Read the district court order.
- U.S. District Judge Indira Talwani in Boston will hold a hearing to discuss to what extent the Trump administration is complying with an order she issued requiring it to resume processing applications from migrants seeking work permits or more lasting immigration status who are living in the country temporarily under "parole" programs. Read the order here.
- At the U.S. Supreme Court, the Mississippi attorney general's office faces a deadline to respond to a bid from internet trade association NetChoice to block a new state law that imposes age-verification and parental-consent requirements on social media sites. A 5th Circuit panel earlier this month said the law could take effect. Other federal courts have preliminarily or permanently blocked similar measures.
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Court calendars are subject to last-minute docket changes. |
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That's the percentage of federal terrorism prevention funds from the Homeland Security Grant Program that states are required to allocate toward enforcing immigration laws "against all inadmissible and removable aliens," according to a FEMA announcement. These funds may be used for activities supporting President Trump's executive order on immigration, including constructing detention facilities or establishing partnerships between police officers and ICE, the announcement stated. Read more. |
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"The victims did not just have a seat at the table, they had a pen in their hand. I realize it is not going to fix what happened, but hopefully it will help."
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—U.S. Bankruptcy Judge Paul Warren, who is set to approve a $246 million settlement between the Roman Catholic Diocese of Rochester in western New York and approximately 470 victims of child sex abuse who filed legal claims against the 300,000-member diocese. Warren stated that the Diocese's bankruptcy plan "is going to be approved" at a Sept. 5 hearing, with funds expected to be distributed to victims shortly thereafter. Read more. |
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- Chief U.S. District Judge Catherine Eagles in Greensboro, North Carolina, ruled that two college tennis players suing the NCAA over curbs on tournament prize money can represent thousands of players in a nationwide class action. Read the ruling.
- The developers of the 2018 Aaron Sorkin stage adaptation of Harper Lee's seminal novel "To Kill a Mockingbird" convinced the 2nd Circuit to rule against the owners of the book's 1990 stage adaptation, who had attempted to block "second-class" and amateur performances of the newer play under federal copyright law. Read the ruling.
- The maker of Dannon yogurt sued rival Chobani for allegedly copying its "Bright & Mellow" slogan and yellow-and-black packaging for a competing line of ready-to-drink cold brew coffee. Read the complaint.
- Sean "Diddy" Combs' lawyers urged the judge who oversaw his sex crimes trial to release him from jail on a $50-million bond ahead of his October 3 sentencing, citing dangerous conditions at the Metropolitan Detention Center in Brooklyn and arguing that defendants convicted of prostitution-related charges in the past were typically released before their sentencing.
- Johnson & Johnson must pay more than $42 million to a Massachusetts man who alleges that he developed mesothelioma, a rare form of cancer, after using the company's talc products for decades, a jury found.
- A group of U.S. states filed a lawsuit seeking to block the Trump administration from requiring them to hand over information on millions of people who receive food stamp benefits. Read the complaint.
- Donald Trump said the Wall Street Journal and its billionaire owner Rupert Murdoch want to settle the U.S. president's defamation lawsuit against the newspaper.
- The DOJ dropped its bid to block American Express Global Business Travel Group's acquisition of CWT Holdings, according to court records entered in New York.
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Skadden's Shay Dvoretzky, Peter Rider-Longmaid and Emily Kennedy examine how the recent U.S. Supreme Court term brought unanticipated insights for businesses. Read today's Attorney Analysis. |
Additional writing by Shruthi Krishnamurthy. |
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