John Elwood
Law nerd. Music fan. Serial monomaniac. Views are my own and not my firm's. Maybe not even mine.
- Heisman Trophy winner; #2 in NFL draft; helps little old ladies and you have to drag out of him who he is. Travis Hunter was raised right.
- I'm reading the correspondence of EB White (who split time between NYC & Brooklin, ME) & Edmund Ware Smith (a writer & editor in Damariscotta, ME). It's delightful--witty observations on daily life. Plus White's annoyance when Smith's magazine bowdlerized White's essays. www.wsj.com/articles/chi...
- One dilemma is what to say when the party pronounces their name in a nonstandard way. Jose Padilla's family apparently pronounced their name "pah-dilla," rhyming with "gorilla." But as a failed French student, I've embraced when people butcher French surnames with midwestern pronounciations.
- In the dark ages before Oyez, I called one of the counsel involved to ask how you pronounced "Keohane." She said, "I don't know, I was just appointed to do the case." Years later, I found out after the Chief Justice said the name, no one else did. I've used recordings and called company HQs.
- Monday's #SCOTUS grant? A case asking whether the “continuing violations” doctrine applies to discrimination cases beyond “hostile workplace” claims. This week's case is one of mine. www.scotusblog.com/2025/05/the-...
- It used to be quite rare for the United States to file unsolicited friend-of-the-court briefs at the cert. stage in Supreme Court cases, when the Court is deciding whether to review a case. The Trump Administration has filed 3 in just over 100 days.
- Congrats to Andrew Tutt & my @arnoldporter colleagues on a very important win in Feliciano v. Dept of Transportation today--a very significant victory for civilian federal employees who are military reservists, to make sure that they don't have to take a pay cut when they deploy during emergencies.
- Today's new Supreme Court grant is previewed in last week's Relist Watch, linked below.
- Monday's #SCOTUS grants? The constitutionality of COVID eviction moratoriums; and whether a court of appeals can vacate an otherwise-final judgment because the trial court wrongly dismissed a party that would deprive court of federal jurisdiction. www.scotusblog.com/2025/04/fede...
- Re-upping this for the Saturday crowd. I've heard of one Federal Circuit case involving a reply brief filed in July 2024 (!) that still doesn't have an argument date. Any others?
- I filed a reply brief in the Federal Circuit on November 15, 2024, and *still* don't have an argument date. Has anyone here gotten an argument date with a similar or later date for a reply brief?
- Monday's #SCOTUS grants? The constitutionality of COVID eviction moratoriums; and whether a court of appeals can vacate an otherwise-final judgment because the trial court wrongly dismissed a party that would deprive court of federal jurisdiction. www.scotusblog.com/2025/04/fede...
- Reposted by John Elwood[Not loaded yet]
- A colleague emailed me today to flag the fact that the superb Fourth Circuit Judge J. Harvie Wilkinson ended a quotidian insurance opinion with an unusually introspective conclusion.
- Today's #SCOTUS grant is previewed in last week's Relist Watch. Link below.
- Monday's #SCOTUS grants? (1) whether government immunity from suit for "lost" and "miscarried" mail extends to claims the Postal Service *intentionally withheld* mail; (2) a pregnancy center argues that subpoenaing donor names chills 1st Amendment rights. www.scotusblog.com/2025/04/liab...
- Bringing this back to the top. Don't make me post my beer gut.
- On May 3, a group of work colleagues and I are riding in the @alzassociation #Ride2EndALZ, a cycling event to raise money for research. I encourage you to donate today. The more you donate, the fewer photos I post of my saggy, past-their-prime group. act.alz.org/site/TR?fr_i...
- Monday's #SCOTUS grants? (1) whether government immunity from suit for "lost" and "miscarried" mail extends to claims the Postal Service *intentionally withheld* mail; (2) a pregnancy center argues that subpoenaing donor names chills 1st Amendment rights. www.scotusblog.com/2025/04/liab...
- A sample grab. "Happiness" and "because you're mine" are probably more popular, but this is a favorite of mine youtu.be/AVYWK574vdM?...
- One of my favorite new(ish) bands, the Heavy Heavy, is playing DC's tiny (450 capacity) Atlantis club on June 13. Fabulous band. This show will sell out--though it doesn't mean that much there. theatlantis.com/e/the-heavy-...
- One of my favorite new(ish) bands, the Heavy Heavy, is playing DC's tiny (450 capacity) Atlantis club on June 13. Fabulous band. This show will sell out--though it doesn't mean that much there. theatlantis.com/e/the-heavy-...
- On May 3, a group of work colleagues and I are riding in the @alzassociation #Ride2EndALZ, a cycling event to raise money for research. I encourage you to donate today. The more you donate, the fewer photos I post of my saggy, past-their-prime group. act.alz.org/site/TR?fr_i...
- Monday's #SCOTUS grant? A case asking what limitations a trial judge can put on defense counsel's ability to discuss the case with the defendant during an overnight recess during the defendant's testimony. www.scotusblog.com/2025/04/limi...
- All roads lead to Peoria: DC's cherry trees were donated by a Japanese diplomat and by Jokichi Takamine, a chemist who made his money in Peoria inventing an improved method for making whiskey. (Peoria used to be a leading production center for the stuff.)
- Ben mugged for the camera in exchange for dog treats.
- I am as oblivious as the next American of Canadian politics, but I think this is a great ad and kudos to Mike Meyers for doing it. www.instagram.com/p/DHhIQJtSVen/
- Good morning from the squirrel dog toy I found on this morning's dog walk. You notice a lot shambling between interesting smelling things.
- Reposted by John Elwood[Not loaded yet]
- We're getting to the point in the #SCOTUS term where you can start figuring out which Justices are writing opinions. But not yet for cases that people (besides the parties) really care about.
- Several points worth considering in the attached
- One thing that most people are missing in the group text scandal: The Trump officials don’t appear clear on what *exactly* Trump approved, which is a huge problem in using military force. Stephen Miller says “as I heard it … green light.” 😱😬 www.doomsdayscenario.co/p/six-short-...
- As an alum of the Justice Department unit that reviews EOs for form & legality--the Office of Legal Counsel--I've been watching the EOs & memoranda as they came out. What struck me most is the centralization of control and access. Things are happening so quickly that many haven't realized it yet.1/x
- Monday's #SCOTUS grants? The Justices are considering next steps in a murder case in which the prosecution admits error. www.scotusblog.com/2025/03/just...
- If you keep an eye on DC's tiny venues, you find interesting acts playing smaller spaces than they're used to. Case in point: Australian technopop band Confidence Man, which wowed Glastonbury's "Other stage" in '24, played 450-person Atlantis DC tonight. Intentionally outrageous. Stoopid fun.
- The Acting Solicitor General filed an unsolicited cert-stage amicus brief today. I used to joke the SG filed an unsolicited cert-stage amicus brief about as often as a major leaguer pitched a perfect game. But unsolicited briefs have pulled away recently. Only 11 perfect games during period below.
- It's remarkable that Kraftwerk's early albums are more than 50 years old. My favorite was their May 1981 album "Computer World," released just as I was graduating from 8th grade. Some of those songs hold up remarkably well. Case in point: Numbers youtu.be/fOoCnK5Jza4?...
- I don't normally go to shows by "old timers," but I made an exception tonight for electronic music pioneers Kraftwerk. When I was growing up in downstate Illinois in the 1970s, their early electronic pop songs like Autobahn (1974) and Radioactivity (1977) were mind-blowing. Like nothing I'd heard.
- We followed the dogs with a trip to Rockland's fabulous Farnsworth Museum of Art. Great collection of local painters, including the three Wyeths, N.C., Andrew, & Jamie. Then a nice evening walk. Have I mentioned It's cold here? But it makes up for that by being windy. It's 20 degrees w/wind chill.
- Honestly, more my speed was today's fare--Wasses Hot Dogs in Rockland, ME. Natural casing hot dog flattop-fried in peanut oil and served in steamed bun. As an Illinoisian, I appreciate that "everything" there does not include ketchup, just mustard, relish, & grilled onions.
- Some Winona's highlights: coconut curried egg on toast; scallop ceviche w/sunflower seeds and grapefruit; steamed cod with soy & sherry beurre blanc; and miso and sake-braised pork shoulder and roasted cauliflower with carrot hot sauce. Delicious! Cod was the best I've ever eaten. Worth a trip!
- Chef Devin Dearden helped put Alna Store on the map. He left Alna Store after Labor Day and last fall, he opened tiny (24-seat) Winona's in Camden, ME w/wife Hannah Adams. Refined, truly delicious fare in relaxed, intimate environment. We went with neighbors and got 2 of everything to share.
- Alna Store does fabulous food, sometimes simple, sometimes less so. The brunch menu tends to be simpler food prepared extremely well. I got haddock chowder w/bay leaf oil together w/ eggs & white grits with sauteed mushrooms w/tomatillo-jalapeno salsa. Picked up a superb baguette for dinner at home.
- Alna Store does fabulous food, sometimes simple, sometimes less so. The brunch menu tends to be simpler food prepared extremely well. I got haddock chowder w/bay leaf oil together w/ eggs & white grits with sauteed mushrooms w/tomatillo-jalapeno salsa. Picked up a superb baguette for dinner at home.
- I am not a foodie, but have become more of one since a relative attended culinary school. So I search out good food anywhere I visit. For brunch yesterday, my sis and I went to a local favorite, the Alna Store in tiny Alna, ME (pop. 700). Nominated for James Beard/Best New Restaurant; NYT top 50.
- Yesterday we were fogged in almost the entire day. If you look closely, you can barely make out the light of the Pemaquid Point Lighthouse, barely 300 yards away.
