“Is Court Packing Constitutional? Don’t Be So Sure. The precedents don’t support what the Democrats want to do, which would be an assault on the separation of powers.” James Piereson will have this op-ed in Tuesday’s edition of The Wall Street Journal.
“Judicial Notice (09.07.26): Split Decisions; The Lindsay Clancy trial concludes, SCOTUS rules on Trump’s ballroom, a judge benchslaps Kirkland and Skadden, and another Wachtell partner departs.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Supersized arguments at the Supreme Court are testing the patience of justices”: Carrie Johnson of NPR has this report.
“Donald Trump’s Capital Makeover: A coterie of advisers, planners, and architects is enabling the President’s passion project — renovating D.C. in his own image.” Antonia Hitchens has this Letter from Washington article in the September 14, 2026 issue of The New Yorker.
“Who is the federal judge overseeing the case roiling Philly DA Larry Krasner’s office? And what will he do next? U.S. District Judge Paul S. Diamond has a reputation as a stern, no-nonsense jurist. He is weighing what to do in a controversial post-conviction case marked by accusations of lawyer misconduct.” Chris Palmer of The Philadelphia Inquirer has this report.
“How a Vanishing Supreme Court Seat Led to John Marshall’s Appointment; My disagreement with two scholars”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“Not So Supreme, Mr. Roberts”: Columnist Maureen Dowd has this essay online at The New York Times.
“How Two Men Without Lawyers Got Their Cases to the Supreme Court; A prisoner and a prayer leader broke through a system dominated by elite attorneys”: James Romoser of The Wall Street Journal has this report.
“Judge Blocks Mail Ballot Change as Supreme Court Weighs Case”: Zoe Tillman and Brian Dowling of Bloomberg News have this report.
You can access yesterday’s decision of the U.S. District Court for the District of Massachusetts at this link.
“Missouri Asks Supreme Court to Allow Voting Map Benefiting Republicans; Missouri’s Supreme Court said a map redrawn to help Republicans could not be used in November and said voters should decide on the new boundaries”: Mitch Smith and Ann E. Marimow of The New York Times have this report.
And Gregory Svirnovskiy of Politico reports that “Missouri AG asks the Supreme Court to block map ruling that would likely stop Republicans from gaining a seat; The move involves the unusual step of asking the U.S. Supreme Court to consider a matter already decided by the state’s highest court.”
You can access the court filing at this link.
“District Court, as Expected, Issues Preliminary Injunction in Trump/USPS Mail-In Ballot Case: Why This Should Be an Easy Case for the Supreme Court to Deny a Stay.” Rick Hasen has this post at his “Election Law Blog.”
“The Supreme Court refuses to stop Trump’s destruction; The justices dismissed aesthetic pain to protect the president’s ballroom”: Columnist Kathleen Parker has this essay online at The Washington Post.
“Supreme Court Sides With Republicans in TV Ad Fight; Republican groups had asked the court to clear the way for political parties to pay the same low-cost ad rates as candidates, a move that could undercut a Democratic advantage in the midterms”: Abbie VanSickle of The New York Times has this report.
Julian Mark, Clara Ence Morse, and Matthew Choi of The Washington Post have an article headlined “In boost to GOP, Supreme Court says parties should get lower TV ad rates; The GOP has far more money than the Democrats heading into the midterms. Now the party can get a discounted ad rate when it coordinates spending with its candidates.”
And James Romoser of The Wall Street Journal reports that “Supreme Court Sides With GOP in Spat Over Political Ad Pricing; Brief decision likely enhances spending power of political parties in the coming midterms.”
You can access today’s per curiam decision of the U.S. Supreme Court at this link.
“Judge weighs whether Reflecting Pool charge against Olympian should be out for good; Attorneys for David Hearn say they worry President Donald Trump, who has continued to blame vandals for the damage, could push prosecutors to resurrect the case”: Liam Bowman and Jasmine Golden of The Washington Post have this report.
“Democrats Really Want 13 Supreme Court Justices; Listen to why they voted against a plan to keep the High Court at nine”: This editorial will appear in Saturday’s edition of The Wall Street Journal.
“Trump Gets New Sullivan & Cromwell Attorneys in NY Fraud Fight”: Ryan Tarinelli of Bloomberg Law has this report.
“Free Speech, Deportation, and the Suspension of Habeas Corpus; Denying habeas review of detention for protected speech risks accomplishing in practice what the Constitution forbids without actual suspension”: Jonathan Hafetz has this post at the “Lawfare” blog.
“Judge Orders US to Name Architects of Trump ‘Weaponization’ Fund”: Jimmy Jenkins of Bloomberg News has this report.
Alan Feuer of The New York Times reports that “Judge Orders Trump Officials to Divulge Names of Those Who Set Up $1.8 Billion Fund; The plan to create a fund that could have funneled taxpayer money to the president’s allies drew repeated scrutiny, including a rare rebuke from Senate Republicans.”
And Salvador Rizzo of The Washington Post reports that “Judge orders DOJ to disclose who conceived of now-defunct payout fund; The Trump administration dropped plans for a fund to compensate people who say they were unfairly prosecuted, but several lawsuits are ongoing.”
“Trump’s Ballroom Is Illegal, Despised, and Anti-Democratic, but the Supreme Court Greenlit It Anyway. ‘Our buildings shape us,’ and this building will shape a failure of democracy.” Harry Litman has this post at his “Talking Feds Substack” site.
“How Donald Trump Outmaneuvers the Supreme Court; In both the ballroom and the mail-in-ballot cases, the President has tested the Justices’ willingness to stop him in his tracks”: Ruth Marcus has this essay online at The New Yorker.
“Constitution Doesn’t Include Right to Clean Water, Court Rules”: Jacqueline Thomsen of Bloomberg Law has this report.
You can access today’s 10-to-5 en banc decision of the U.S. Court of Appeals for the Fifth Circuit at this link.
“Missouri Supreme Court Delivers Win for Democrats in Redistricting Case; The court said a map redrawn to benefit Republicans could not be used in November and said voters should decide on the new boundaries; The state attorney general vowed to appeal the decision”: Mitch Smith of The New York Times has this report.
Patrick Marley of The Washington Post reports that “Court throws out Missouri congressional map, helping Democrats keep seat; In addition, Maryland’s high court cleared the way for voters to decide in November whether to back a plan to eliminate a GOP-held seat in 2028.”
And Joseph Pisani of The Wall Street Journal reports that “Missouri Supreme Court Rules State Can’t Use Redrawn Map in Midterms; Trump blasts the ruling, which is a blow to Republicans who were hoping to gain one House seat with new map.”
You can access today’s decision of the Supreme Court of Missouri at this link.
“Supreme Court refuses to put proof-of-citizenship amendment on Michigan ballot; The justices were asked to intervene in a Michigan ballot fight after the invalidation of signatures tanked a proof-of-citizenship amendment”: Kelsey Reichmann of Courthouse News Service has this report.
“Trump Administration Asks Supreme Court to Allow Mail Voting Limits; The justices have been asked to weigh in again on the Trump administration’s efforts to restrict mail voting — this time on whether the plans violate the Constitution”: Abbie VanSickle of The New York Times has this report.
Justin Jouvenal and Patrick Marley of The Washington Post report that “Trump administration asks Supreme Court to allow mail-in ballot restrictions; The question of whether President Donald Trump’s restrictions can move forward in time for November’s midterm elections has been the subject of a dizzying legal battle in recent weeks.”
And James Romoser of The Wall Street Journal reports that “Trump Administration Again Asks Supreme Court to Allow New Mail Voting Rules; Latest appeal seeks to clear the way for the Postal Service to enforce the rules ahead of November’s midterm elections.”
You can access the court filing at this link.
“Ninth Circuit delivers sweeping victory to news service on public access; In a mother lode opinion coming after years of litigation, the Ninth Circuit denied Idaho’s bid to cloak its new court filings in darkness and gave powerful backing to the free discussion of government affairs”: Bill Girdner of Courthouse News Service has this report.
You can access today’s decision of the U.S. Court of Appeals for the Ninth Circuit at this link.
“11th Circuit deems fishery council’s veto powers unconstitutional; The panel’s decision, however, does not vacate a limit on gag grouper fishing”: Alex Pickett of Courthouse News Service has this report.
You can access today’s decision of the U.S. Court of Appeals for the Eleventh Circuit at this link.
“Pro Ratione Voluntas Praesidis: The President’s Will Stands In For Reason; Presidential Directives and Arbitrariness Review Under the APA.” Adrian Vermeule has this post at “The New Digest” Substack site.
“Johnny Doc’s prison sentence was commuted by President Donald Trump, his lawyer says; John Dougherty’s lawyer said he hoped Dougherty could be released from prison as soon as Friday”: Chris Palmer and Sean Collins Walsh of The Philadelphia Inquirer have this report.
“How a coming Supreme Court clash over prediction markets could reshape American betting; The case, if taken up, would mark a blockbuster showdown between states and prediction markets like Kalshi and Polymarket U.S. — and who gets to regulate them”: Declan Harty of Politico has this report.
“Hulu documentary series examines Dan Markel murder; ‘Welcome to the Family: The Murder of Dan Markel’ premieres Sept. 1”: Jim Rosica of The Tallahassee Democrat has this report.
“The U.S. Has Killed 227 Civilians in Boat Strikes During ‘A Year of Murders’”: Nick Turse of The Intercept has this report.
“Democrats Who Are Still Afraid of Supreme Court Expansion Need to Grow Up; Democrats are finally grasping that their voters do not like the Supreme Court and do not want to be represented by politicians who defend it”: Jay Willis has this post at his “Balls & Strikes” Substack site.
“US Judges’ Addresses Exposed Despite Privacy Law, Report Says”: Suzanne Monyak of Bloomberg Law has this article.
You can access the report via this link.
“The Greatest Chief Justice There Never Was: Kagan has the consensus-building skills of a great Chief Justice; But today’s Supreme Court leaves little room for her to use them.” Noah Feldman has this post at his Substack site.
“Is Letting Only Seniors Vote by Mail Unconstitutional? Federal appeals courts have split on the question, making Supreme Court review likely.” Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.