“Regulatory Four-Night: Who can fire US Attorneys? The Missing Clear-Statement Analysis; A Thought Experiment About Vacatur, A Reason for Judge Greg Katsas’s Influence, A Firsthand Account of Ken Paxton, and More.” Aaron L. Nielson has this post at Civitas Outlook.
“The Supreme Court’s Right Flank Wants to Give You Fewer Privacy Rights Than a Famous Judge; When a textualist interpretation of a law would hold corporations accountable for violating privacy rights, the conservative justices suddenly feel very differently about how to do their jobs”: Madiba K. Dennie has this essay online at Balls and Strikes.
“U.S. Supreme Court lets name change remain for S.F.’s 148-year-old law school”: Bob Egelko of The San Francisco Chronicle has this report.
“What Can CBS News Reporters Do Under Bari Weiss?” Online at New York magazine, Daniel Strauss has an essay that begins, “Over the weekend, CBS News chief legal correspondent Jan Crawford set off a media firestorm for her network.”
“Not Anymore, Part One; How the robots won”: Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”
“U.S. Begins Disclosing C.I.A. Interview Reports From Scrutiny of Post-9/11 Torture; The rolling release of long-secret files could add detail to the history of a legally disputed Bush-era counterterrorism program”: Charlie Savage of The New York Times has this report.
“DC Circuit sides with religious groups in fight to block ICE church raids; In a split decision, the appellate panel determined 27 Judeo-Christian groups had shown they would be harmed by ICE’s loosening of rules meant to only allow raids in the narrowest circumstances”: Ryan Knappenberger of Courthouse News Service has this report.
And Suzanne Monyak of Bloomberg Law reports that “Bid to Curb ICE Arrests at Churches Revived by Appeals Court.”
You can access today’s decision of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
“‘Bum rap’: Supreme Court is not in Trump’s pocket, Justice Kagan says; Kagan, one of the court’s three liberals, said the conservative majority has not been a rubber stamp for President Trump; But she still raised concerns about it’s ideological balance.” Maureen Groppe of USA Today has this report.
Lawrence Hurley of NBC News reports that “Justice Elena Kagan accuses Supreme Court’s conservative majority of undermining democracy; The liberal justice took aim at various recent rulings, including one that paved the way for rampant partisan gerrymandering of legislative districts.”
And Greg Stohr of Bloomberg News reports that “Supreme Court’s Kagan Says Election Rulings Creating ‘Nightmare.’”
Update: In other coverage, Justin Jouvenal of The Washington Post reports that “Justice Kagan says Supreme Court has damaged democracy with recent rulings; The liberal justice took aim at the conservative majority’s rulings on the Voting Rights Act, campaign finance and partisan gerrymandering.”
“Adkisson nomination appears to be moving forward after Senator Blackburn returns blue slip; Her decision to initially block his nomination remains unexplained”: Patrick McNeil has this post at his “Nomination Notes” Substack site.
“Will the Supreme Court Finally Dismantle Bivens’s House of Cards? For the sake of federal accountability, these Justice Department alums certainly hope so.” Mary Hampton Mason and Laura Katherine Smith have this post at the “Lawfare” blog.
“Supreme Court recusals over books raise questions about policy”: Carrie Johnson had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”
“A Billionaire Wanted a Trump Pardon. His Family Gave Alina Habba a $50 Million Deal. Julio Herrera Velutini, a prominent Venezuelan, was seeking clemency. He got it not long after his daughter gave Ms. Habba, a lawyer close to President Trump, an extraordinarily lucrative job.” Tyler Pager of The New York Times has this report.
“US Ban on Making Liquor at Home to Be Reviewed by Supreme Court”: Greg Stohr of Bloomberg News has this report.
And Kelsey Reichmann of Courthouse News Service reports that “SCOTUS takes on 158-year-old backyard liquor ban; Conflicting appeals court rulings leave the lawfulness of home liquor distilling to mean two different things in Texas and Ohio, setting up a high court showdown over a century-old law.”
“A Constitutional Crisis Over a Golf Course”: You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.
“Judge Brown Emailed Sealed Court Papers to About 140 People”: Jacqueline Thomsen of Bloomberg Law has this report.
And Nate Raymond of Reuters reports that “Texas federal judge suspended from hearing cases over mental health concerns.”
You can access the documents that the Judicial Council of the U.S. Court of Appeals for the Fifth Circuit posted online yesterday at this link.
“The Justice Department has opened a criminal investigation into Philly DA Larry Krasner’s office, sources say; Federal prosecutors have sent grand jury subpoenas to Krasner’s office to investigate potential obstruction of justice, the sources said”: Chris Palmer and Ellie Rushing of The Philadelphia Inquirer have this report.
“Judge Clashes with Justice Department About Trump’s Golf Course Plan; Government attorneys sparred with Judge Ana C. Reyes over testimony by several government witnesses about the chain of decisions surrounding East Potomac Golf Links”: Zach Montague of The New York Times has this report.
Rick Maese of The Washington Post has an article headlined “Amid attacks by Trump, judge weighs golf course plan in tense hearing; After the president called her a ‘crazed lunatic,’ U.S. District Judge Ana C. Reyes clashed with Justice Department lawyers and said she’d been told there were threats on her life.”
And Lydia Wheeler of The Wall Street Journal reports that “Trump’s D.C. Golf Course Renovation Spurs New Legal Tensions; President’s push to move ahead quickly to overhaul the East Potomac Golf Links puts his administration in the hot seat with a frustrated judge.”
“Supreme Court to hear case challenging admissions criteria for middle-school program; A group of parents contend the criteria to a selective magnet program in Montgomery County, Maryland, put Asian American students at a disadvantage”: Julian Mark and Angie Orellana Hernandez of The Washington Post have this report.
And Kelsey Reichmann of Courthouse News Service reports that “Maryland magnet school pulls Supreme Court back into fight over race in admissions; After tackling the use of race in college admissions, the high court will consider how equal protection applies in the K-12 admissions context.”
“Mahmoud Khalil Appeals to Supreme Court to Halt Deportation; Mr. Khalil had recently graduated from Columbia when he was arrested by ICE agents and became the face of the Trump administration’s crackdown on pro-Palestinian demonstrations”: Ann E. Marimow of The New York Times has this report.
And Julian Mark and Susan Svrluga of The Washington Post report that “Mahmoud Khalil asks Supreme Court to let him keep fighting his detention; The former Columbia University graduate student and activist has been fighting the administration in court since last year.”
“The U.S. badly needs new tariff laws; Right now, the legal structure for imposing levies isn’t clear”: Matthew Lynn has this essay online at The Washington Post.
“Justices’ book deals disarm SCOTUS in music copyright case; The justices’ penchant for off-the-bench writing left the Supreme Court without the ability to put pen to paper in a copyright dispute”: Kelsey Reichmann of Courthouse News Service has this report.
“Sex Trafficking Lawsuits, Privacy Rights, and a Court That Can’t Keep Up”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.
“What The Economist’s SCOTUS correspondent sees that you don’t”: Qwoted has posted this video on YouTube.
“Judicial Notice (10.18.26): Forced Out; A ‘lawyer’ turned spokesperson’s speedy exit, a judge’s alleged ‘abandon[ment]’ of her job, two big Second Amendment rulings, and more moves in the mass-torts bar.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Trump’s DOJ Finds Yet Another Basement; Andrew Weissmann on Rep. Ilhan Omar raid, selective prosecution, and collapsing DOJ guardrails”: You can access the new episode of Slate’s “Amicus” podcast via this link.
“CBS reporter tries to walk back partisan post attacking Michigan’s progressive candidate; Before she deleted the post, Crawford’s comments drew sharp criticism from social media users and media watchdogs”: Isabel Keane of The Independent (UK) has this report.
“258. DOJ and the East Potomac Golf Links: The litigation over President Trump’s efforts to renovate a public D.C. golf course has become a microcosm of the Justice Department’s indifference (if not insolence) toward district courts.” Steve Vladeck has this post at his “One First” Substack site.
“Judge Rejects ‘Baseless’ DOJ Bid to Recuse From Golf Course Case”: Suzanne Monyak of Bloomberg Law has this report.
You can access yesterday’s decision of the U.S. District Court for the District of Columbia at this link.
“The Race Is On for Trump Staffers to Hire Lawyers in Case Democrats Win Midterms; Cabinet officials, ordinary staffers preparing for possibility that Democrats could launch probes if party gains back Congress”: Lydia Wheeler, Meridith McGraw, and Louise Radnofsky of The Wall Street Journal have this report.
“CBS News Correspondent Jan Crawford Apologizes for Post on Abdul El-Sayed That Sparked Social-Media Ire”: Brian Steinberg of Variety has this report.
“Even a Blue Wave Can’t Stop Trump”: Jeffrey Toobin has this guest essay online at The New York Times.
“Meet the small DOJ unit approving some of Trump’s most controversial policies; The Office of Legal Counsel could take on an even more central role if Democrats retake Congress”: Perry Stein and Mark Berman of The Washington Post have this report.
“They Pushed an Anti-Abortion Pill Law. Now, They’re Being Sued Under It. A Texas mother is suing the president of Students for Life of America and others in the group over an Instagram post that appeared to boast about ordering abortion pills in Houston.” Edgar Sandoval of The New York Times has this report.
“‘No active investigation’ into Wendi Adelson, Hulu documentary shows”: Jeff Burlew of The Tallahassee Democrat has this report.
“Trump administration seeks to remove judge who rebuked it over tree removal; Justice Department attorneys accused the judge of bias and ‘animus’ after a contentious hearing over the removal of hundreds of trees at East Potomac Golf Links”: Rick Maese of The Washington Post has this report.
You can access the court filing at this link.