Yesterday President Donald Trump asked the Supreme Court to review a decision requiring Trump’s accounting firm to comply with a congressional subpoena for the president’s financial records. Amy Howe has this blog’s coverage, which first appeared at Howe on the Court. For The New York Times, Adam Liptak reports that this “follows a petition filed last month about a similar subpoena from Manhattan prosecutors”; “[b]oth cases are moving fast, and the court could announce as soon as Dec. 13 whether the justices will hear them.”
In an op-ed for The Sacramento Bee, Elizabeth Slattery writes that dismissing New York State Rifle & Pistol Association Inc. v. City of New York, New York, a challenge to New York City’s now-repealed limits on transporting personal firearms, “would send the message to localities, states and even the federal government that they can thwart judicial review and avoid accountability under the Constitution.” At Second Thoughts, Jake Charles criticizes the “text, history and tradition” test promoted by the gun-rights advocates in the case, suggesting an alternative test under which a “historical or traditional pedigree is a sufficient reason to uphold a regulation, but it is not a necessary one.”
- David Savage reports for the Los Angeles Times that in this morning’s conference, the justices will consider whether to hear City of Boise, Idaho v. Martin, “an appeal of a much-disputed ruling by the 9th Circuit Court of Appeals that held last year that it was cruel and unusual punishment to enforce criminal laws against homeless people who are living on the street if a city doesn’t offer enough shelters as an alternative.”
- For The Washington Post (subscription required), Deanna Paul reports that “[a]s the U.S. Supreme Court prepares to hear a new landmark abortion case, hundreds of lawyers and legal professionals who have had the procedure filed an amicus brief Monday in support of overturning a restrictive Louisiana law.”
- In a new episode of Law360’s The Term podcast, Jimmy Hoover and Natalie Rodriguez discuss whether the “Second Amendment gun case in a decade [will] … prove to be a dud,” “as well as the Trump administration seeking another emergency ruling and Justice Kavanaugh’s interest in reviving the long-dormant nondelegation doctrine to curtail executive agency power.”
- At National Review, Sherif Girgis calls Justice Neil Gorsuch’s book, “A Republic, If You Can Keep It,” “a highly readable and unified collection of texts that have something to say to lawyers, law students, and laypeople on the left and right alike.”
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