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What’s going on today?
Have a great weekend!
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REUTERS/Shannon Stapleton/File Photo
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Retired Justice Sandra Day O’Connor, the first woman on the U.S. Supreme Court, whose centrist views and shrewd negotiating skills allowed her to steer the nation’s law for much of her quarter-century tenure, died today at the age of 93. Read more about her life and legal career.
Chief Justice John Roberts recalled O’Connor as having “blazed an historic trail as our nation’s first female justice” and that she “met that challenge with undaunted determination, indisputable ability, and engaging candor.”
Here’s how others remembered her:
Cristina Rodriguez, Yale Law School professor and former O’Connor clerk: “She was a remarkable human being who brought indispensable practical wisdom to her work on the court. I hope her era will be remembered and learned from.”
U.S. Representative Nancy Pelosi, former House speaker: “Beyond shattering a glass ceiling, her service on the bench reflected our nation’s highest ideals: courage, integrity, patriotism and justice.”
Justin Driver, Yale Law School professor and former O’Connor clerk: “Justice O’Connor viewed constitutional law as an incremental, stabilizing force in American society, and she was therefore extremely hesitant about overturning precedents because such decisions jolted the legal system. While she will justifiably be remembered as the most powerful woman of her era, she consistently comported herself with great judicial modesty. She was quite simply a national treasure.”
Read more reactions.
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REUTERS/Dado Ruvic/File Photo
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State laws in court …
A U.S. judge blocked Montana’s first-of-its kind state ban on the use of short-video sharing app TikTok from taking effect on Jan. 1, saying it violated the free speech rights of users …Texas told a U.S. appeals court that its law banning sexually explicit books from public school libraries does not violate booksellers’ free speech rights, and urged a panel of judges to revive it … An Illinois firearms retailer and a national gun rights group asked the U.S. Supreme Court for a second time to block a Democratic-backed state ban on assault-style rifles and large capacity magazines enacted after a 2022 deadly mass shooting in Chicago … A group of patients and doctors told the Texas Supreme Court that the exception in the state’s near-total abortion ban for saving the mother’s life was so unclear it left doctors too “terrified” to deliver needed care because they face the prospect of life in prison if they break the law … Idaho officials asked the U.S. Supreme Court to temporarily halt a federal judge’s ruling that blocked the Republican-governed state from enforcing its near-total abortion ban in medical-emergency situations following a legal challenge by Democratic President Joe Biden’s administration.
Law schools …
Golden Gate University said that it will discontinue the law school’s J.D. program in May … The University of California, Berkeley was sued by Jewish groups who said it has become a hotbed of “unchecked” antisemitism, including at its elite law school … A majority of would-be attorneys want to attend law school with like-minded classmates, according to a new survey … A group of state supreme court justices and state court administrators from across the country will examine lawyer licensing and whether law schools are adequately preparing students for real-world practice.
U.S. Supreme Court …
Conservative U.S. Supreme Court justices this week signaled skepticism regarding the legality of certain proceedings conducted in-house by the SEC investor-protection laws – a case that gives them an opportunity to further undercut the power of federal agencies. Take a look at some of the current cases awaiting a Supreme Court decision this term.
Deals …
U.S. health insurers Cigna and Humana are in talks to merge, a deal that is likely to face aggressive scrutiny from the DOJ. Here’s why prior mega health insurer deals have failed … T-Mobile has sought a quick appeal to halt a consumer lawsuit over its completed purchase of rival Sprint in 2020 … Adobe will defend against EU antitrust charges that its proposed $20 billion acquisition of cloud-based designer platform Figma hurts competition at a closed hearing on Dec. 8 … EU antitrust regulators are also eyeing Amazon’s $1.4 billion acquisition of robot vacuum maker iRobot.
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Here is a jurisdictional curiosity, courtesy of the 9th Circuit. If an online retailer delivers physical products to California, Arizona, Nevada or other states in the circuit, the business can be sued in that state, even if the online seller is not incorporated or headquartered on the West Coast. But if the purchaser used a nationwide online payment platform like Shopify to complete the transaction, the platform can’t be forced into court in the 9th Circuit, even if both the purchaser and the online merchant are based in a 9th Circuit state. Confused? Alison Frankel explains the 9th Circuit’s ruling this week for Shopify.
Check out other recent pieces from all our columnists: Alison Frankel, Jenna Greene and Hassan Kanu
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Additional writing by Renuka Rath and Tanvi Shenoy.
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