“Supreme Court to review Trump policy blocking asylum seekers at border; The case is the latest immigration issue the justices will weigh in the coming months”: Julian Mark of The Washington Post has this report.
And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court takes on Trump border ‘invasion’ proclamation; The administration asked the justices to greenlight President Trump’s push to use unilateral authority to shut down asylum applications at the southern border.”
“Judge clashes again with DOJ lawyers as she weighs golf course’s future; After another heated hearing, U.S. District Judge Ana C. Reyes is expected to rule Saturday on whether East Potomac Golf Links can close”: Rick Maese of The Washington Post has this report.
“Elena Kagan is no Supreme Court or election soothsayer; The justice’s recent assessment of her colleagues’ impact on American politics hasn’t aged well”: Columnist Charles Lane has this essay online at The Washington Post.
“Elliot Gaiser has few ties to Texas. But he has plenty of praise for Ted Cruz. ‘Cruz is the single best embodiment of the future of the Republican Party,’ Gaiser once wrote. ‘By contrast, Trump is nothing if not stale.’” Patrick McNeil has this post at his “Nomination Notes” Substack site.
“QP3: Justice David Gunn — Questions Presented: A judge’s-eye view of appellate advocacy.” Andrew Gould has this post at his “1910 & Beyond” Substack site.
“Guantanamo Dispatches: Six Jurors Chosen, 14 More Needed For First Death Penalty Tribunal At Guantanamo Bay.” Carol Rosenberg has this post at the “Just Security” blog.
“Three big legal fights are looming, and Trump needs answers before January; Get ready, America, there is an epic clash coming between the powers of Congress under Article I of the Constitution and the powers of President Trump under Article II”: Online at Fox News, Hugh Hewitt has an essay that begins, “United States Assistant Attorney General T. Elliott Gaiser is going to be a very busy man in 2027. Before the new Congress arrives in January, President Donald Trump should require Gaiser and his team to provide detailed answers to a few very important questions of law.”
“Piecing Together The Timeline For The Rudofsky/Hiland Nominations; It is pretty clear that Hiland bombed his interview and the White House selected its first choice, Rudfosky”: Josh Blackman has this post at “The Volokh Conspiracy.”
“‘Maybe Conservative Justices Will Die or Retire’ Is Not a Plan For Supreme Court Reform; For as long as Democrats do not take Supreme Court expansion seriously, they are just preserving the power of the current six-justice conservative supermajority”: Jay Willis has this post at his “Balls & Strikes” Substack site.
“The Progressive Storm Brewing; Come January and beyond, we will all discover the consequences of this election”: John G. Malcolm has this post at Civitas Outlook.
“This Lawyer Helped Pete Hegseth Kill Hundreds of People. Senate Republicans Are Racing to Make Him a Federal Judge. Somehow, T. Elliot Gaiser’s paper-thin connections to Texas are the least offensive thing about his nomination.” Madiba K. Dennie has this essay online at Balls and Strikes.
“Alito says Supreme Court is caught between the president and a Congress that can ‘turn off the lights’; Supreme Court Justice Samuel Alito stressed the importance of an independent judiciary while also complaining about independent judges at an event in Washington, D.C.” Gary Grumbach and Dareh Gregorian of NBC News have this report.
“Are Publicly Funded Catholic Preschools Exempt from Antidiscrimination Laws?” You can access the new episode of “The Blessings of Liberty with Jeffrey Rosen” podcast via this link and on YouTube.
“NY Prevails in Noncitizen Commercial License Clash With Trump”: Beth Wang of Bloomberg Law has an article that begins, “The Trump administration must disperse more than $73 million in highway funds it improperly refused to dole out to New York in a dispute over commercial driver’s licenses for noncitizens living in the US, the Second Circuit ruled Friday.”
You can access today’s decision of the U.S. Court of Appeals for the Second Circuit at this link.
Update: In other coverage, Erik Uebelacker of Courthouse News Service reports that “Trump admin can’t punish New York over immigrant truckers, Second Circuit rules; The Department of Transportation sought to use federal funding to force New York to suspend certain immigrant drivers’ licenses.”
“Supreme Court to Weigh Keeping Trump Southern Border Asylum Ban”: Greg Stohr of Bloomberg News has this report, along with a report headlined “Supreme Court to Weigh Limiting Investor Suits in Robinhood Case.”
“Trump picked one judge. Arkansas senators wanted someone else. A new questionnaire sheds additional light on the competing candidacies for an Eighth Circuit vacancy.” Patrick McNeil has this post at his “Nomination Notes” Substack site.
“Harvard Law’s 2026 Scalia Lecture | Jud Campbell: The Federalist Bill of Rights.” Harvard Law School recently posted this video on YouTube.
“Hyde-Smith Blocked Colom’s Path to the Bench. Now He’s Replacing Her. Ms. Hyde-Smith, a Republican, blocked Scott Colom from consideration for a U.S. District Court vacancy in Mississippi. Mr. Colom will take her Senate seat in January.” Emily Cochrane of The New York Times has this report.
“The Francis Biddle Memorial Lecture | Justin Driver: The Eras of Equal Protection.” Harvard Law School has posted this video on YouTube.
“Will the Supreme Court Thwart Congressional Investigations? Lawmakers must dodge rulings on immunity, standing and ‘valid legislative purpose.’” Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.
“First Amendment, Still Revolutionary”: You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.
“U.S. Senate confirms Justice Greg Cook to federal bench in Northern District of Alabama”: Grayson Everett of Yellowhammer News has this report.
And at his “Nomination Notes” Substack site, Patrick McNeil has a post titled “Senate confirms ‘Trump-tough’ judge to Alabama federal court; Gregory Cook becomes Trump’s seventh white appointee on a court that has had just two lifetime judges of color in its history.”
“America at 250 and Beyond: Constitutionalism and the Rule of Law.” Harvard Law School has posted this video on YouTube.
“Reflections from the Court, Featuring Justice Brett Kavanaugh”: The Federalist Society has posted this video on YouTube, along with videos titled “Reflections from the Court, Featuring Justice Neil Gorsuch” and “Reflections from the Court, Featuring Justice Amy Coney Barrett.”
“Richard Posner, prominent US judge who butted heads with Justice Scalia, dies at 87”: Nate Raymond and Jan Wolfe of Reuters have this report.
Although the headline mentions Butt-Head, sadly the article contains no mention of Beavis (or Judge Bibas).
“On Richard Posner: Goodbye to A Giant.” Cass Sunstein has this post at his Substack site.
“What’s the holdup?” Online at The Arkansas Democrat-Gazette, law professor Robert Luther III has an essay that begins, “Arkansas U.S. Sen. John Boozman doesn’t have much to show for his 15-year Senate tenure, but this week he accomplished a feat the entire Democratic Party has failed to achieve during President Trump’s second term: He blocked a Trump judicial nominee.”
“The American Presidency Post-Slaughter”: Aaron L. Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.
“Bonus 262: “One First” Turns Four(!?!); Four years in, some reflections on the purposes and limits of any newsletter — but especially this one.” Steve Vladeck has this post at his “One First” Substack site.
“Does the Dobbs Leak Investigation Violate Separation of Powers?” Michael C. Dorf has this post at his “Dorf on Law” blog.
“A Diminished Justice Dept. Braces for Fresh Fights After Midterm Loss; The upheaval points to a broader dilemma spurred by the election: whether the department can carry out President Trump’s priorities as career officials eye the exits and senior department officials resign.” Glenn Thrush and Alan Feuer of The New York Times have this report.
“Making Up for Lost Time on Judges; Trump’s second-term nomination pace hasn’t measured up to the first”: This editorial will appear in Thursday’s edition of The Wall Street Journal.
“The Legal ‘Nuclear Option’ That Threatens to Upend the Baseball Lockout; MLB is preparing for the possibility that the players move to dissolve their union and file an antitrust lawsuit, a complex legal strategy with potentially significant ramifications”: Jared Diamond of The Wall Street Journal has this report.
“White House faces unusual obstacle on confirming Trump judges: other Republicans.” Seung Min Kim of The Associated Press has this report.
And at his “Nomination Notes” Substack site, Patrick McNeil has a post titled “Republicans scramble to push through Trump’s extreme judicial nominees; Some Republicans are complicating things; Meanwhile, Democrats warn that GOP norm-breaking could come back to haunt them.”
“How a Misquote by a Supreme Court Justice Imperils Gun Restrictions”: Mike McIntire and Eli Murray of The New York Times have this report.
