“There are many things that go into a retirement decision."

 That was Justice Breyer in the N.Y. Times.  The whole article is worth a read... but here are some snippets:

He recalled approvingly something Justice Antonin Scalia had told him.

“He said, ‘I don’t want somebody appointed who will just reverse everything I’ve done for the last 25 years,’” Justice Breyer said during a wide-ranging interview on Thursday. “That will inevitably be in the psychology” of his decision, he said.

“I don’t think I’m going to stay there till I die — hope not,” he said.

Justice Breyer, 83, is the oldest member of the court, the senior member of its three-member liberal wing and the subject of an energetic campaign by liberals who want him to step down to ensure that President Biden can name his successor.

The justice tried to sum up the factors that would go into his decision. “There are a lot of blurred things there, and there are many considerations,” he said. “They form a whole. I’ll make a decision.”

***

He was in a characteristically expansive mood, but he was not eager to discuss retirement. Indeed, his publisher had circulated ground rules for the interview, saying he would not respond to questions about his plans. But he seemed at pains to make one thing clear: He is a realist.

“I’ve said that there are a lot of considerations,” Justice Breyer said. “I don’t think any member of the court is living in Pluto or something.”

Latest COVID order from SDFLA.... (UPDATED)

 ...is here.  It allows for the use of Zoom-hearings under the CARES Act.  There was some rumbling about whether jury trials (or grand juries) would be suspended again, but that didn't happen.  It's all systems go despite the all-time high COVID numbers.  There's also an order requiring all court employees to be vaccinated or tested twice weekly. I like it.  Unfortunately, though, this does not apply to the CSOs or Marshals.  

Even if there is no general order continuing trials, some judges are doing it on their own.  See this order from Judge Cooke:

Mistrial in the Michael Avenatti trial due to Brady violation

 Wow, this is a big one.

Another "taint team" and Brady problem in federal court. 

Reporter Meghann Cuniff is doing a really nice job covering what's going on in court:

Selna: "Shortcomings there may have been, but I find no misconduct, intentional or otherwise, on the part of the taint team."
Selna: "For all those reasons, I grant a new trial." It's official: Mistrial in Avenatti's wire fraud trial.

— Meghann Cuniff (@meghanncuniff) August 24, 2021

Here is the defense motion,

Govt response,

and the recent filing by the defense outlining the issues. 

COVID issues plaguing trial in Ft. Pierce

 This is a civil trial in which counsel has tested positive for COVID.  Developing.

Swintelski v. American Medical Systems de 168 by David Oscar Markus on Scribd

RIP Maria Shohat

 A really great person and lawyer, this is a sad one.  Maria and Ed Shohat made such a wonderful team.  And she was always the life of a party or a bar function.  But she has been battling Alzheimer's for a while now (here is the link to the fundraising page detailing the walk for Maria that is scheduled for November).  I will post the funeral arrangements on this page when I hear of them.