“Judge releases man accused of driving guillotine to Supreme Court; ‘He didn’t even threaten anyone,’ the judge said; The California man, who is charged with a misdemeanor, told police the guillotine was the ‘real deal,’ according to an arrest report”: Ben Conarck of The Washington Post has this report.

“United States’ Opposition to Defendant’s Motion for Release Pending Appeal”: The prosecution filed this response yesterday in the pending Fourth Circuit appeal in United States v. Thomas C. Goldstein. The appeal is being handled under the auspices of the Department of Justice’s recently created National Fraud Enforcement Division.

Also yesterday, counsel for Goldstein filed a motion requesting an enlargement of the word limits for the parties’ appellate briefs.

“New White House Counsel Isn’t a Yes Man, but He Won’t Say No, Either; Will Scharf has proved his loyalty to President Trump, even filming a TV ad in which he blows away documents from the president’s legal cases; His new role will be to provide in-house legal advice”: Luke Broadwater of The New York Times has this report.

“Second Circuit blocks DOJ grab for trans patient medical records; Judges denied the Justice Department’s bid to stay a lower court ruling blocking the administration’s efforts to seize the records”: Nina Pullano of Courthouse News Service has this report.

“Judges Reject Plea to Toss Federal Charges Against Democratic Lawmaker; An appeals panel ruled against Representative LaMonica McIver, who is accused by the Justice Department of assaulting immigration agents outside a migrant detention center in New Jersey”: Tracey Tully of The New York Times has this report.

Jeremy Roebuck of The Washington Post reports that “Case against lawmaker charged in Delaney Hall clash can proceed, appeals court rules; Rep. LaMonica McIver (D-New Jersey) has denied the allegations that she assaulted federal agents during a scuffle outside an immigration detention facility last spring.”

Stephen Dinan of The Washington Times reports that “Court green-lights most of DOJ’s prosecution against Dem congresswoman in ICE clash.”

Anthony G. Attrino of NJ.com reports that “N.J. congresswoman is one step closer to trial over ICE confrontation at Delaney Hall.”

Kyle Cheney and Josh Gerstein of Politico report that “Appeals court rejects Rep. McIver’s challenge to charges for alleged assaults at ICE facility; But a 2-1 split suggests the House member may have an avenue for further appeals.”

Sophie Nieto-Munoz of New Jersey Monitor reports that “Appeals court rejects Rep. LaMonica McIver’s bid to avoid trial on assault charges.”

David Wildstein of New Jersey Globe reports that “Appeals court allows two charges against McIver to proceed to trial; Third Circuit sends broader count against N.J. congresswoman back to trial judge for closer review of legislative immunity claim.”

And Jackson Healy of Courthouse News Service reports that “Third Circuit denies New Jersey congresswoman immunity amid ICE assault charges; Representative LaMonica McIver faces 17 years in prison following a May 2025 altercation outside Delaney Hall detention center in Newark, New Jersey.”

You can access today’s decision of a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.

“One-on-One w Justice Clarence Thomas (Part 2)”: You can access today’s new episode of the “Verdict with Ted Cruz” podcast via this link and on YouTube.

“‘The day I disclose, my career is over’: the journalist facing an $800 daily fine to keep her sources secret; If Catherine Herridge’s petition to the US supreme court fails, she’ll be on the hook for a daily fine until she discloses her sources — a case unsettling press freedom organizations”: Jeremy Barr of The Guardian has this report.

“Arrest follows sighting of guillotine parked next to the Supreme Court; The U.S. Capitol Police charged a man from California with carrying a dangerous weapon”: Ben Conarck of The Washington Post has this report.

And Iris Kwok of The Los Angeles Times reports that “SoCal man with a guillotine is arrested near U.S. Supreme Court building, police say.”

“Trump, Mail Ballots and the Supreme Court: The Justices withhold judgment on his USPS push, as Nov. 3 nears.” This editorial will appear in Wednesday’s edition of The Wall Street Journal.

“11th Circuit tosses $12M verdict in cruise passenger’s sexual assault suit against Carnival; The appellate court ordered a new trial in the case after finding a Florida federal court wrongly prevented the jury from hearing evidence that an FBI agent concluded the encounter between the drunk passenger and a crew member was consensual”: Kayla Goggin of Courthouse News Service has this report.

You can access today’s decision of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.

“Federal Appeals Court Confirms It’s Still Legal To Talk About Abortion; Anti-abortion activists claimed that overturning Roe would allow each state to regulate abortion ‘as its citizens wish’; Republican state lawmakers have been far more ambitious”: Madiba K. Dennie has this essay online at Balls and Strikes.

“SCOTUS’s Immigration Rulings Chastise Trump on Morality; Mullin v. Doe should have been resolved on legal grounds without the need to virtue signal about immigration”: Josh Blackman has this post at Civitas Outlook.

“Gorsuch’s Con-jority Opinion in Slaughter; Gorsuch’s concurrence in Trump v. Slaughter may hold the key to the future of separation of powers jurisprudence”: Andy Smarick has this post at the “Law & Liberty” blog.

“The Supreme Court Thinks You Are Stupid; The conservative justices are reserving for themselves the power to decide whether Trump can hijack the 2026 midterms”: Jay Willis has this essay online at Balls and Strikes.

“US appeals court considers reassigning case from judge over AI use”: Sara Merken of Reuters has this report.

“As Supreme Court’s Trump ‘Emergencies’ Return, Debate Simmers Over How Much to Say; The justices are still struggling with whether and when to explain themselves to the public when the court issues temporary, but consequential, orders”: Ann E. Marimow of The New York Times has this report.

“Can the Midterms Be ‘Stolen’ On Jan. 3? It’s Complicated. Panic about a ‘rogue clerk’ is likely unwarranted — but it’s worth paying attention.” Molly Roberts has this post at the “Lawfare” blog.

“The justices should regularly sit on the lower courts”: Josh Blackman has this post at “SCOTUSblog.”

“Civility vs. Collegiality | Interview: Judges Tom Griffith and David Tatel.” You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.

“South Carolina vs. the 26th Amendment: Voting laws can’t favor seniors, a court says. Will the Justices agree?” This editorial will appear in Tuesday’s edition of The Wall Street Journal.

“Court Allows Trump to Pursue Mail Voting Limits, for Now; The administration asked the court to clear the way for President Trump’s order that creates ‘state citizenship lists’ and directs the Postal Service to decide who gets a mail-in ballot”: Abbie VanSickle and Ann E. Marimow of The New York Times have this report.

Justin Jouvenal, Patrick Marley, and Julian Mark of The Washington Post report that “Supreme Court eases path for Trump’s sweeping limits on mail-in balloting; The legal fight will continue, but the president’s executive order could inject fresh uncertainty into the already high-stakes midterm elections.”

And James Romoser and Louise Radnofsky of The Wall Street Journal report that “Supreme Court Removes Hurdle to Trump Directive on Mail Voting; Lawsuit challenging Trump’s executive order on mail ballots was premature, court says, but more litigation is ahead.”

You can access today’s decision of the U.S. Supreme Court at this link.

“Man Accused of Impersonating Chief Justice Roberts, NSA Agent”: Jordan Fischer of Bloomberg Law has this report.

“Paul, Weiss Welcomes Acclaimed Lawyer William Jay in Washington, D.C. to Lead Supreme Court & Appellate Litigation Practice”: Paul, Weiss, Rifkind, Wharton & Garrison LLP issued this news release today.

“KBJ Warns of ‘Kafkaesque Nightmare’ After Pro-Trump Supreme Court Ruling on Mail Voting. We’ll Know Soon Enough.” Law professor Richard L. Hasen has this Jurisprudence essay online at Slate.

“246. Making Sense of the Mail-in Ballots Ruling: The Supreme Court’s grant of a stay in one of the mail-in ballot cases is deeply wrong, but it’s also not the main event over whether Trump’s patently unlawful executive order can take effect.” Steve Vladeck has this post at his “One First” Substack site.

“245. Irreparable Harm, ‘Administrative’ Stays, and the White House Ballroom: Chief Justice Roberts’s Friday order in the White House ballroom case is a useful (if exasperating) illustration of how standardless the Court’s approach to ‘administrative’ stays appears to be.” Steve Vladeck has this post at his “One First” Substack site.

“Dragging the Supreme Court Out of the Shadows: It’s time for Congress to put a stop to the unbriefed, unargued, unexplained rulings that account for a majority of the Court’s decisions.” Jesse Wegman has this post at his “Major Questions” Substack site.

“What Does Peak Fascism Look Like?” You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.

“Justice Clarence Thomas One-on-One (Part 1)”: You can access today’s new episode of the “Verdict with Ted Cruz” podcast via this link and on YouTube.

“The Stolen Seat: How Neil Gorsuch leapfrogged Merrick Garland to land a lifetime appointment to the Supreme Court.” You can access the new episode of Slate’s “Amicus” podcast via this link.

“Supreme Court blew a nearly trillion-dollar hole in budget by striking down Trump tariffs”: Stephen Dinan of The Washington Times has this report.

“Judicial Notice (08.23.26): No Nonsense; An ethics complaint against a Trump administration lawyer, a Silicon Valley judge in the spotlight, a slew of new judicial noms, and lateral losses by a big Biglaw name.” David Lat has this post at his “Original Jurisdiction” Substack site.

“Secret White House bunker undercuts Trump’s ballroom lawsuit, ex-officials say; The White House already has a nuclear-proof facility buried deep underground and built in secret after 9/11”: Noah Robertson and Dan Diamond of The Washington Post have this report.

“Trump Seeks a Tariff Do-Over in Court; After its Section 122 levies lose in court, White House lawyers improperly appealed with a new rationale”: J. Marc Wheat and Richard Stern have this essay online at The Wall Street Journal.

“Ed Martin leaving DOJ for outside legal work tied to elections, Trump says; Martin, a staunch Trump ally, served as the pardon attorney and the interim U.S. attorney for the District of Columbia in 2025”: Ashley Ahn of Politico has this report.

And Perry Stein and Jeremy Roebuck of The Washington Post reports that “Ed Martin leaving Justice Dept. after tumultuous tenure that alienated colleagues; Martin’s clashes cost him jobs as U.S. attorney and as head of the Justice Department’s ‘weaponization’ group.”