“The debate about Sonia Sotomayor is not about sexism. It’s more dire. Some want the Supreme Court justice to retire so that President Biden can name a replacement before . . . before what happens, exactly?” Columnist Monica Hesse has this essay online at The Washington Post.
“Guess what’s not a priority in antiabortion Idaho. Women’s health.” Columnist Ruth Marcus has this essay online at The Washington Post.
“Trump’s Immunity Claim Joins His Plans to Increase Executive Power; The former president is asking the Supreme Court to put the presidency above criminal law as he pursues a broader agenda of expanding the office’s power should he win the election”: Charlie Savage of The New York Times has this news analysis.
“The Lawyer Defending Idaho’s Abortion Ban Irritated the One Justice He Needed on His Side”: Dahlia Lithwick and Mark Joseph Stern have this Jurisprudence essay online at Slate.
“Supreme Court Appears Sharply Divided in Emergency Abortion Case; The justices weighed whether a federal law aimed at protecting access to emergency medical care superseded Idaho’s near-total abortion ban”: Abbie VanSickle of The New York Times has this report.
And Alex Swoyer and Stephen Dinan of The Washington Times report that “Biden takes another avenue to push nationwide abortion.”
“The Supreme Court’s likely to make it more dangerous to be pregnant in a red state; But it’s not yet clear they’ve settled on a rationale for doing so”: Ian Millhiser has this essay online at Vox.
“Justice Alito Voices Support for Fetal Rights in Federal Law; Idaho’s near-total abortion ban at issue; Reference to ‘unborn child’ in federal law questioned”: Lydia Wheeler of Bloomberg Law has this report.
“A new Supreme Court case seeks to make it much easier for criminals to buy guns; The fight over ‘ghost guns’ is back before the justices”: Ian Millhiser has this essay online at Vox.
“Conservative justices skeptical federal law requires emergency room abortions”: Ann E. Marimow and Caroline Kitchener of The Washington Post have this report.
And David G. Savage of The Los Angeles Times reports that “Supreme Court sounds wary of Idaho’s ban on emergency abortions for women whose health is in danger.”
“In Immunity Case, Trump Can Lose in Ways That Amount to a Win; After the justices hear arguments on Thursday, how they decide may be just as important as what they decide”: Adam Liptak of The New York Times has this report.
Ann E. Marimow of The Washington Post has an article headlined “By looking to future, Supreme Court may push Trump’s D.C. trial past election.”
And Maureen Groppe of USA Today has an article headlined “When it comes to Trump Supreme Court bid for immunity, his test case is Richard Nixon; The Supreme Court said Nixon couldn’t be sued for official acts. Trump wants that same protection extended to criminal charges.”
“The Supreme Court Has Already Botched the Trump Immunity Case”: Law professors Melissa Murray and Andrew Weissmann have this guest essay online at The New York Times.
“Supreme Court Hears Arguments on Emergency Abortions; Justices weigh doctor responsibilities in states with abortion bans”: Jess Bravin of The Wall Street Journal has this report.
John Kruzel and Andrew Chung of Reuters report that “US Supreme Court split over Idaho’s strict abortion ban in medical emergencies.”
And Lawrence Hurley of NBC News reports that “Supreme Court hears abortion clash over emergency room treatment for pregnant women; The Biden administration says Idaho’s near-total abortion ban conflicts with a federal law setting standards for hospital emergency room care.”
“A majority of Americans no longer trust the Supreme Court. Can it rebuild?” Henry Gass of The Christian Science Monitor has this report.
“Trump Shaped the Supreme Court; Now He Wants His Victory; Former president expects loyalty while justices stress independence”: Jess Bravin of The Wall Street Journal has this report.
“Solicitor General Elizabeth Prelogar again in the spotlight fighting the conservative Supreme Court on abortion”: Tierney Sneed of CNN has this report.
“A Simple Fix for Texas’s Right-Wing Courts: More Judges; The Fifth Circuit’s become little more than a junior varsity version of the Supreme Court; Some fresh faces on the bench will help put things right.” Matt Ford has this essay online at The New Republic.
“Pa. High Court Reversal Rate of Superior Court Rulings Has Plummeted, Report Shows; Appellate lawyers who spoke with The Legal said there is not a clear reason for the drop-off, but the change could be linked to the type of cases the justices are taking up”: Aleeza Furman of The Legal Intelligencer has this report, in which I am quoted.
“The Most Harmony at the Beginning of a Term that Most of Us Have Ever Seen”: Adam Feldman has this post at his “Empirical SCOTUS” blog.
“SCOTUS Has a Chance to Right the Wrong Its EMTALA Ruling Forced; Will it listen?” Lindsay Harrison and Dahlia Lithwick have this Jurisprudence essay online at Slate.
“The Core Issues in Trump v. United States: One Road Map; The impact of the decision on future presidencies is the central consideration.” Jack Goldsmith has this post at the “Lawfare” blog.
“Trump and Attorney General Agree on Minor Changes to $175 Million Bond; Letitia James had asked a court to reject the bond that Donald J. Trump posted in his civil fraud case. A deal on Monday will keep the terms of the bond largely unchanged”: Matthew Haag of The New York Times has this report.
“Grants Pass council president and her mother first in line, camping out on the edge of U.S. Supreme Court”: Maxine Bernstein of The Oregonian has this report.
“Two new justices will create female majority on Minnesota Supreme Court; Gov. Tim Walz elevates Court of Appeals Judge Theodora Gaïtas and Stearns County Judge Sarah Hennesy”: Rochelle Olson of The Minneapolis Star Tribune has this report.
“Trump’s Immunity Gambit at Supreme Court: A Delay Is Still a Victory; Special counsel pushes for fast trial as Nov. 5 election looms; A court shaped by Trump will decide fate of election charges.” Greg Stohr of Bloomberg News has this report.
And in commentary, online at Vox, Ian Millhiser has an essay titled “Donald Trump already won the only Supreme Court fight that mattered; This case is about delaying his trial, and the GOP-controlled Supreme Court has given him everything he could reasonably hope for and more.”
“Supreme Court Will Review Biden Administration ‘Ghost Gun’ Rule”: Greg Stohr of Bloomberg News has this report.
“The Left’s Calls for Sonia Sotomayor to Retire Are Absurd; ‘We want that seat’ is not a sufficient reason to push a Supreme Court justice to step down”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in two new cases.
“Stephen Breyer insists politics don’t play a role in Supreme Court’s decisions; But, the former justice said, sometimes they consider real-world consequences”: Eric Fayeulle of ABC News has this report.
What it’s like to be *that person* who everyone in a certain line of work happens to read: Steven Kurutz of The New York Times recently wrote a profile headlined “From a Tiny Island in Maine, He Serves Up Fresh Media Gossip; Rusty Foster could never live in New York; But his hit newsletter, Today in Tabs, is an enduring obsession of the city’s media class.”
“The GOP’s Worst Fears About the End of Roe v. Wade Have Come True; Republicans were quick to wave away the political consequences; Now that they’ve arrived, they have no answers”: Walter Shapiro has this essay online at The New Republic.
“The Supreme Court Should Rule Swiftly on Trump’s Immunity Claim”: Liz Cheney has this guest essay online at The New York Times.
“US Supreme Court eyes anti-camping laws used against the homeless”: Andrew Chung and John Kruzel of Reuters have this report.
“Retire Universal Injunctions”: You can access the new episode of the “Advisory Opinions” podcast via this link.
“Will SCOTUS Let January 6 Defendants Off the Hook?” You can access today’s new episode of the “Strict Scrutiny” podcast via this link.
“77. Justice Gorsuch and ‘Nationwide’ Injunctions: Justice Gorsuch is right to be wary of relief that benefits non-parties’ But as his latest opinion underscores, he’s inconsistent in when it bothers him and wrong about how big a problem it really is.” Steve Vladeck has this post at his “One First” Substack site.