“DoJ’s Doomed Pursuit of Cassidy Hutchinson”: Elie Honig has this post online at the “Intelligencer” blog of New York magazine.

“Private Prosecutors: The Supreme Court says everyone who wields executive power must answer to the president; The False Claims Act remains, for now, an odd exception.” Cory L. Andrews has this post at the “Law & Liberty” blog.

“The Establishment Clause at the Second Founding; The relevant time frame to best understand the Establishment Clause for state religion cases should be 1868, not 1791”: Josh Blackman has this post at Civitas Outlook.

“What Does ‘History and Tradition’ Require? The Court’s shift from Lemon to history and tradition raises a new set of interpretative challenges.” Mark David Hall has this post at the “Law & Liberty” blog.

“Gun Ban for Those With Violent Felonies Upheld by Appeals Court”: Megan Crepeau of Bloomberg Law has this report.

You can access today’s en banc decision of the U.S. Court of Appeals for the Third Circuit at this link.

“Is Spending Money Protected Speech?” You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.

“Trump Fifth Circuit Pick Met With Early Conservative Scrutiny”: Olivia Alafriz and Jacqueline Thomsen of Bloomberg Law have this report.

“Abbott Appointees Stock State Supreme Court Ballot for the First Time Ever; Three of the four Democratic challengers hail from the same Austin-based appellate court”: Isaiah Mitchell of The Texan has this report.

“Are Warrantless Phone Searches at the Border Constitutional? The Supreme Court May Soon Decide. The case of George Anibowei, a U.S. citizen who has had his phone searched at least five times at the border, shows just how invasive border agents have become.” Amy Peikoff has this post online at Reason.

“Kalshi Seeks Full 6th Circuit Review of States’ Regulation Win”: Eric Heisig of Bloomberg Law has this report (subscription required for full access).

You can access the court filing at this link.

“The Case for Firing Squads: Lethal injection only looks humane, and it blurs the distinction between healing and killing.” Alex Kozinski has this essay online at The Wall Street Journal.

Received in last week’s mail: A signed copy of James Rosen’s recently published book, “Scalia: Supreme Court Years, 1986 to 2001.”

“Will SCOTUS Let Big Oil Off the Hook?” You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.

“How the Supreme Court is reshaping the limits of religious rights in America; The Roberts court has redefined the separation of church and state; This term may show how far it will go”: Julian Mark and Justin Jouvenal of The Washington Post have this report.

“257. Public Executions and the Eighth Amendment: The Supreme Court’s recent shift in its Eighth Amendment jurisprudence would be a significant obstacle to any litigation challenging the proposed public execution of Nidal Hasan.” Steve Vladeck has this post at his “One First” Substack site.

“Advocate Taps Underdog Nostalgia Ahead of Supreme Court Debut”: Jordan Fischer of Bloomberg Law has this report.

“Who Won the Redistricting War? Democrats and Republicans are in a race to the bottom — and the worst consequences will extend far beyond next month’s midterms.” Jon Allsop has this article online at The New Yorker.

“A freed man faces life back in prison after a Supreme Court ruling on the First Step Act”: Lindsay Whitehurst of The Associated Press has this report.

“Nonpartisan state Supreme Court elections are being put to the test in Montana”: David A. Lieb of The Associated Press has this report.

“Philly DA Larry Krasner again called for the judge who accused him of potential crimes to recuse himself; Krasner said U.S. District Judge Paul S. Diamond ‘twisted the landscape’ and displayed ‘apparent bias’ toward him”: Chris Palmer of The Philadelphia Inquirer has this report.

You can access the court filing at this link.

And Jillian Kramer of The Philadelphia Inquirer reports that “Pa. AG steps into murder case that gave it new power to challenge District Attorney Larry Krasner; Krasner’s office had supported granting a new trial to Lavar Brown, 49, who was convicted in a 2003 killing in North Philadelphia.”

“How to Make a Jihadist Martyr of Nidal Hasan: Pete Hegseth’s desire for a livestream execution is exactly the public display the Fort Hood killer wants.” This editorial will appear in Monday’s edition of The Wall Street Journal.

Online at The Washington Post, columnist George F. Will has an essay titled “Fill the government with barbarians, you get barbaric government; Pete Hegseth wants to morally instruct America with a public execution? The proper response is revulsion.”

Also online at The Washington Post, columnist Megan McArdle has an essay titled “Think a firing squad is barbaric? Remember Christa Pike. America’s quest for a humane execution says more about us than the condemned.”

“What is Alito trying to say about originalism and the Supreme Court? The justice’s mixed messages on the Constitution and executive power can be seen in a new collection of his speeches.” Columnist Jason Willick has this essay online at The Washington Post.

“Judicial Notice (10.11.26): Audition; Judge Ho’s latest writing, Sullivan & Cromwell’s new appellate leaders, and a RICO lawsuit—targeting a plaintiffs’ firm.” David Lat has this post at his “Original Jurisdiction” Substack site.

“Courts Grapple With Problem of People Betting on the Outcome of Jury Cases; Prediction-market wagers prompt concerns about insider trading and influence on jurors”: Mariah Timms of The Wall Street Journal has this report.

“The Supreme Court Justice and the Columbus Statue”: Peter S. Canellos has this guest essay online at The New York Times.

“Grab Them by the Constitution: America needs bold ideas to break the Supreme Court’s grip on democracy; Enter . . . the shadow court.” You can access today’s new episode of Slate’s “Amicus” podcast via this link.

“The Conspiracy Probe of Trump Foes Is Faltering; Prosecutors are still pursuing individual cases against people who investigated the president”: Sadie Gurman, Dave Michaels, and Josh Dawsey of The Wall Street Journal have this report.

“Pope criticizes death penalty after Hegseth announces public execution; Pope Leo XIV called the death penalty ‘an attack’ on human dignity a day after senior Church officials condemned the Pentagon’s plans to live-stream an execution of Nidal Malik Hasan”: Anthony Faiola of The Washington Post has this report.

“Christa Pike Discharged From Hospital After Surviving Execution Attempt; Ms. Pike, 50 and convicted of the 1995 murder of a classmate, survived two doses of the drug pentobarbital late last month”: Emily Cochrane of The New York Times has this report.

Maegan Vazquez of The Washington Post reports that “Christa Pike discharged from hospital, 10 days after failed execution; Pike, who survived an execution attempt in Tennessee, has been moved to a rehabilitation center, according to her attorneys and the Tennessee Department of Correction.”

And Joseph Pisani of The Wall Street Journal reports that “Christa Pike Discharged From Hospital After Surviving Execution Attempt; Tennessee inmate has returned to prison and is receiving medical care, attorneys say.”

“Fort Hood Shooter’s Execution Could Face Challenge in Federal Courts; Legal experts say the former Army officer convicted in a 2009 mass shooting could face a narrow, rushed path to appeal a public execution by firing squad”: Abbie VanSickle and John Ismay of The New York Times have this report.

“Public executions are the work of tyrants. Now, the U.S. is joining in.” Columnist Lorraine Ali has this essay online at The Los Angeles Times.

“Senate Fact Finders Decry Costs of Migrant Detention at Guantánamo; The setup has cost more than $100 million, the study said; A recent inspection found nearly 450 government employees and zero detainees”: Carol Rosenberg of The New York Times has this report.

“The Supreme Court’s most consequential cases of the new term”: Law professor Erwin Chemerinsky has this essay online at The Los Angeles Times.

“Guantanamo Dispatch: All Four Defendants’ Confessions Are Now Suppressed in the 9/11 Case.” Carol Rosenberg has this post at the “Just Security” blog.

“Trump’s DOJ Is Hiring Only the Best MAGA Wing Nuts; A future Democratic president will have to do more than rehire a competent civil service, they’ll have to cleanse the federal bureaucracy of its Trumpist stench”: Jason Linkins has this essay online at The New Republic.