Milwaukee Journal Sentinel: Milwaukee Common Council committee recommends hiring private law firm to defend federal lawsuit.
Slate: Dahlia Lithwick on recent discussions of the Supreme Court by Chief Justice John Roberts and Justice Elena Kagan.
Roberts knows better than to suggest that the court’s problem this past term was simply a matter of “people disagreeing with a decision.” The court was handed to wealthy secret donors because of his own jurisprudence. And the court’s problem is now that it happened in plain sight. With all due respect, it is not that the public didn’t like the final score at the end of the term when the lights went out in June. The problem wasn’t just the losses; the problem was that his team moved the game to another field, then stole the ball and replaced it with a time bomb, then changed the rules, then lied about it, and then set the entire field ablaze. Now he wants everyone to shake hands and go home. The public is not so inclined. He is far too smart to believe we are all this stupid, which suggests to me that he knows we are right.
Bloomberg Law: Third Circuit nominee loses confirmation vote in Senate; reconsideration possible.
(Arianna) Freeman, aiming to become the first Black woman and first woman of color to serve on the Pennsylvania-based federal appellate court, received only 47 favorable votes to 50 against.
It appeared the failure to confirm Freeman was more about absent Democratic senators than opposition to her nomination.
Reuters: School that prohibits girls from wearing pants wants SCOTUS review of Fourth Circuit decision finding that dress code unconstitutional.
Health Affairs: Urgent action needed to protect those in custody from monkeypox.
Several cases of monkeypox have already been reported in jails nationwide. Yet, as we will detail in this article, there is no centralized tracking of the number of monkeypox cases in carceral facilities nor is there any guidance for prisons and jails from the Centers for Disease Control and Prevention (CDC) or state health departments.
Reason: Appellate court says confrontation clause rights outweighed health concerns in case involving COVID exposure.
M.W.'s possible exposure to COVID-19 without any symptoms of illness that prevents her from providing live, in-person testimony, does not satisfy any of the recognized circumstances rendering a witness unavailable. Therefore, she was available to provide live, in-person testimony. M.W. was willing to testify, she was physically and mentally able to testify, she was within the jurisdiction, and she remained in contact with the prosecutor.
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