WJI's Daily Reads for July 5, 2022

NBC: Person of interest in Highland Park parade shooting involved with violent online content.

(T)he person of interest identified by police after Monday’s shooting in a Chicago suburb that killed six people and wounded 38 others, left a long trail of tributes to mass shootings and public killings on social media platforms, according to numerous profiles that appear to belong to him.

SCOTUSblog: For 2021-2022 Supreme Court term, 6-3 was the most common vote — and other SCOTUS stats.

The 2021-22 term — one of the most momentous in the court’s 233-year history — was defined by conservative milestones on abortion, guns, religion, and climate change regulation. But a statistical analysis of the full merits docket shows that the court’s rightward shift runs even deeper than those blockbuster cases. Unanimous decisions sharply declined as 6-3 outcomes surged. The conservative justices showed high levels of agreement. And the three liberal justices dissented at the highest rates of their time on the court.

Politico: The president and Congress have the power to reduce the Supreme Court's appellate jurisdiction; should they use it to curb the court's power?

In theory, Congress could very easily pass legislation denying the Supreme Court jurisdiction over a new voting rights act, a law codifying the right to privacy (including abortion rights), and other popular measures. If they so chose, Congress and the president could go further, reducing the court to a shell of its former self, leaving it to adjudicate minor matters of little significance. Of course, with the filibuster in place, this outcome is about as likely as a bill expanding the court’s membership, which is to say, very unlikely.

NBC: Don't be fooled: the Supreme Court's originalism is male white supremacy.

Reuters: Abortion drug maker challenging Mississippi on whether it can still sell pills.

GenBioPro said that law will create a "that-much more direct and glaring conflict" with the FDA. It cited U.S. Attorney General Merrick Garland's statement last week that states "may not ban mifepristone based on disagreement with the FDA's expert judgment about its safety and efficacy." 

Slate: President and Senate need to get moving on filling judicial vacancies.

To move forward with nominations in states with Republican senators, the White House and Senate Judiciary Chair Dick Durbin must be willing to bypass a Senate tradition known as blue slips, which allow any senator to functionally veto district court nominees in his or her own state. This tradition was weaponized by segregationist senators to stop pro-civil rights judges nominated in their home states, and during the Obama administration, it persisted as an enormous obstacle to diversifying the judiciary. Anyone who thinks the White House can work with Senate Republicans on judicial nominations should look at Wisconsin, where Sen. Ron Johnson recommended a qualified district court candidate, only to abruptly pull his support after the nomination was actually announced. It’s worth noting that when Republicans controlled the Senate under Donald Trump, they ignored blue slips from Democratic Senators on circuit court nominees, effectively dismantling that deference for Democrats when they are out of power. Abolishing the blue slip custom once and for all will require cooperation from the Senate, but the White House should force the issue and expose the absurdity of the system by nominating qualified, professionally diverse nominees in these states and daring the Senate to block them.

ABC: Jurors deciding whether Parkland shooter gets death penalty will face trauma and stress alone.

Throughout what is expected to be a monthslong penalty trial, Circuit Judge Elizabeth Scherer will order jurors not to talk to anyone about what they have seen, heard or thought. Not their spouse. Not their best friend. Not their clergy or therapist. Not even each other until deliberations begin. The order is not unusual; it is issued at all trials to ensure jurors’ opinions aren’t influenced by outsiders.
Once the trial ends, the 12 jurors and 10 alternates can unload to others — but they won’t receive any assistance from the judicial system. As is the case in most of the United States, neither Florida nor Broward County courts provide juries with post-trial counseling.
The Guardian: US judge asks Biden administration for its position on sovereign immunity for Mohammed bin Salman in case brought against him by the fiancee of Jamal Khashoggi.

The administration’s decision could have a profound effect on the civil case and comes as Joe Biden is facing criticism for abandoning a campaign promise to turn Saudi Arabia into a “pariah”.

The US president is due to meet the heir apparent to the Saudi throne later this month when he makes his first trip to Riyadh since entering the White House.