John Elwood
@johnpelwood
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Law nerd. Music fan. Serial monomaniac. Views are my own and not my firm's. Maybe not even mine.
Washington, D.C.
Joined January 2010
A high-profile change in position by the Office of the Solicitor General in the Skrmetti case. Interesting because OSG recommends the Court not dismiss -- and many thought the writing was on the wall that Tennessee would win based on oral argument.
NEW at SCOTUS: Trump administration writes to the justices to say it no longer opposes Tennessee's law banning gender-affirming medical care for trans kids but urges the justices to resolve US v. Skrmetti anyway
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RT @robkelner: Extraordinarily alarming events are underway at the DOJ and FBI. It appears like the leading edge of an effort to decimate t…
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RT @MichaelCFormica: @lkeane @NSSF Also, multiple relists is often times a good sign. This is a couple of years old, but it still generall…
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A few dated choices.
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My favorite podcast, bar none. Not everyone needs 90 minutes on "Good Vibrations" or nearly 4 hours on "all you need is love" or a three-part Episode on "Sympathy for the Devil." But not all are long, and they're incredibly well done.
Since I walk about 3 hours a day, I try a lot of audiobooks & podcasts and so I stumbled onto this weird podcast about the history of rock music and after five minutes I was about to eject it because it sounded like it was made by a crazy guy in his basement, but his absolute dedication, encyclopedic knowledge, and understated enthusiasm for the history of the rock music won me over and now I think it might be the best podcast ever.
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There's something very disappointing about when you post something interesting and it starts to rack up likes, and you see it's mostly from porn bots.
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A good example is legendary Brian Eno's stack of "Oblique Strategies" cards he uses to disrupt musicians in the studio and force them to be more creative. Below is Harford describing them; and Eno with the cards.
Keith Jarrett's legendary "broken piano" performance has been cited by many writers (e.g. Tim Harford, Malcolm Gladwell) as an example of how challenges unleash creativity by keeping you from falling back on the familiar. You have to play more creatively when only some keys work.
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Keith Jarrett's legendary "broken piano" performance has been cited by many writers (e.g. Tim Harford, Malcolm Gladwell) as an example of how challenges unleash creativity by keeping you from falling back on the familiar. You have to play more creatively when only some keys work.
Today is the 50th anniversary of Keith Jarrett's "The Köln Concert," in which Jarrett improvised around a partly-broken piano for over an hour and made one of the best selling records in jazz history. It's amazing stuff. Listen.
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The Supreme Court granted review on 3 new (relisted!) cases, 2 of them consolidated. Normally, it's too late in January to have these cases resolved this term, but the Court is expediting briefing so they can be heard in April and decided by June.
BREAKING: The Supreme Court agrees to hear 2 more cases during its current term. The cases involve a class action over Labcorp check-in kiosks that disadvantage blind patients and whether Oklahoma can include religious schools in its charter school program. #SCOTUS
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Friday's/Monday's #SCOTUS grants? One new relist: A suit by Alabama & 18 other red states against a group of blue/purple states that have been suing energy producers for climate change-related torts. They say interstate pollution is a federal law issue. You know where to find it
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Friday's/Monday's #SCOTUS grants? One new relist: A suit by Alabama & 18 other red states against a group of blue/purple states that have been suing energy producers for climate change-related torts. They say interstate pollution is a federal law issue.
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The Post has an article about the Pennsylvania Dutch restaurant that is #1 on my list of places I most want to eat. Sounds like great winter fare.
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After relisting the case ten-ish times, today #SCOTUS took the unusual step of summarily vacating a judgment against a prisoner challenging her imprisonment for murder. She may lose on other grounds now, but it's a significant boost.
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And apologies to the counsel in the ~16 cases I didn't write up . . . there's just no way I could do all of them justice while, you know, practicing law full time.
Friday's #SCOTUS grants? 27 newly relisted cases this week, including private nondelegation; constitutionality of assault-rifle bans; Apprendi & jury factfinding for restitution. You konw where to find it -- SCOTUSblog!
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Friday's #SCOTUS grants? 27 newly relisted cases this week, including private nondelegation; constitutionality of assault-rifle bans; Apprendi & jury factfinding for restitution. You konw where to find it -- SCOTUSblog!
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Friday's #SCOTUS grants? 27 newly relisted cases this week, including private nondelegation; constitutionality of assault-rifle bans; Apprendi & jury factfinding for restitution.
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A recent "One First" by @steve_vladeck brought this student comment to my attention. Moore's Federal Judicial Center records don't show a recess appointment, but Castellano says he served 2 months under a recess appointment. Someday I'll track down the records!
When I was an Assistant to the Solicitor General, I helped compile what I think is the most complete list of judicial recess appointments. We didn't include Justice Alfred Moore or Oliver Wendell Holmes, who some say were recess appointed. @EdWhelanEPPC shows Holmes prb. wasn't.
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When I was an Assistant to the Solicitor General, I helped compile what I think is the most complete list of judicial recess appointments. We didn't include Justice Alfred Moore or Oliver Wendell Holmes, who some say were recess appointed. @EdWhelanEPPC shows Holmes prb. wasn't.
Hope you enjoy my new Confirmation Tales post, "The Mystery of Oliver Wendell Holmes Jr.'s Recess Appointment." Did Theodore Roosevelt ever actually issue a recess appointment to Holmes? 1/
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The Fender Telecaster Mike Bloomfield used for Dylan's electric set at Newport in 1965 (and used to record the first Butterfield Blues Band album) is for sale for "just" $275,000. The axe was then used by John Neuse w/Gram Parsons, but Neuse, a lefty, cut away the upper bout.
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