“In Election-Related Lawsuits, the Trump Administration Has Faced Skepticism; The administration has ramped up its efforts in the courts to push claims of voter fraud but has been rejected by judges at all levels”: Abbie VanSickle, Zach Montague, and Ann E. Marimow of The New York Times have this report.
“DC Circuit signals ICE ban on surprise lawmaker oversight visits unlawful; U.S. Circuit Judge Robert Wilkins said the policy could hypothetically be compared to government officials barring lawmakers from the Senate chambers, as oversight and voting are part of lawmakers’ official duties”: Ryan Knappenberger of Courthouse News Service has this report.
You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
“Justices Seem Likely to Side With Colorado Catholic Schools Seeking Public Money; The Supreme Court considered whether Catholic preschools in Colorado that decline to enroll families with gay and transgender parents can participate in a state program”: Ann E. Marimow of The New York Times has this report.
Julian Mark of The Washington Post reports that “Justices seem inclined to side with Catholic preschool that excludes kids of gay parents; The case is the latest test of how far the high court will go in remaking the wall between church and state.”
David G. Savage of The Los Angeles Times reports that “Supreme Court considers whether a state’s preschool funding rules are discriminatory.”
James Romoser of The Wall Street Journal reports that “Supreme Court Shows Sympathy for Catholic Schools in Case on LGBTQ Protections; Conservative justices suggest that Catholic preschools should be eligible for taxpayer funds without complying with a nondiscrimination rule.”
Mark Walsh of Education Week has an article headlined “Can This Religious Preschool Exclude LGBTQ Families and Still Get State Funding?”
And Kelsey Reichmann of Courthouse News Service reports that “Conservative justices likely to endorse Catholic preschool exclusion of LGBTQ families; Colorado looked headed towards its fourth loss in row in Supreme Court matchups over LGBTQ rights and religious beliefs.”
“Guantanamo Dispatches: Jury Selection Is Underway in the USS Cole Bombing Case, First Capital Case at Guantanamo Bay.” Carol Rosenberg has this post at the “Just Security” blog.
“Appeals Court Lifts Election Limits on Trump Administration”: Zoe Tillman of Bloomberg News has this report.
And at his “Election Law Blog,” Rick Hasen has a post titled “Divided En Banc Ninth Circuit Panel (Again) Blocks District Court Order That Would Have Prevented DOJ from Demanding That California Officials Segregate Ballots from Alleged Noncitizens.”
You can access today’s 6-to-5 en banc order of the U.S. Court of Appeals for the Ninth Circuit, and the opinions accompanying it, at this link.
“Can Catholic Schools Get Public Money if They Turn Away L.G.B.T.Q. Families? The Supreme Court considers whether Catholic preschools in Colorado that decline to enroll families with gay and transgender parents can participate in a state program.” Ann E. Marimow of The New York Times has this report.
“Supreme Court Sympathetic to Catholic Schools in Funding Fight”: Jordan Fischer of Bloomberg Law has this report.
“Election Day Surprises”: You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.
“We Face Our Nation’s Fourth Great Crisis”: Ken Burns has this guest essay online at The New York Times.
“Appeals Court Reinstates Election Limits on Administration”: Zoe Tillman of Bloomberg News has this report.
And at the “Election Law Blog,” Richard Pildes has a post titled “Wild Night in 9th Circuit Election Litigation.”
You can access yesterday’s order of the U.S Court of Appeals for the Ninth Circuit granting rehearing en banc at this link. The order granting en banc review vacated an earlier order that a divided three-judge Ninth Circuit panel issued yesterday.
“Fifth Circuit questions whether Chinese citizens can challenge Texas property ban; Two Chinese nationals say Senate Bill 17 unconstitutionally blocks them from making further purchases of Texas real estate; The state says their plans are too speculative and lack constitutional rights”: Gabriel Tynes of Courthouse News Service has this report.
I will link to the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit once it becomes available online.
“How Texas schools are dealing with law requiring Ten Commandments in class; A Christian group launched a tracker to see which schools have posted them; Other groups are donating alternative posters”: Michelle Boorstein of The Washington Post has this report.
“Feds fumble push to squash prisoner transfer to halfway house at SCOTUS; Several justices balked at the federal government’s request to relitigate a question that the high court already agreed to decide”: Kelsey Reichmann of Courthouse News Service has this report.
“In Run-Up to Midterms, Legacy of 2020 Looms Large Over Justice Dept.; The refusal of top department officials to acknowledge Donald J. Trump’s loss that year is the engine driving an intensifying effort to intercede in state administration of elections”: Glenn Thrush of The New York Times has this report.
“Supreme Court rejects Trump administration’s bid to set aside 20,000 California ballots”: David G. Savage and Kevin Rector of The Los Angeles Times have this report.
Sara Libby of The San Francisco Chronicle reports that “SCOTUS denies DOJ request to force California to segregate ballots.”
Abbie VanSickle of The New York Times reports that “Supreme Court Rejects Trump Administration Request to Intervene in California Ballot Case; The court’s ruling came just hours after administration lawyers asked the justices to immediately order California to set aside 20,000 mail-in ballots.”
Justin Jouvenal and Patrick Marley of The Washington Post report that “Supreme Court denies Trump administration request to set aside Calif. ballots; The ruling is the latest setback for the Department of Justice, which has waged an aggressive legal campaign to influence how states run elections.”
Greg Stohr of Bloomberg News reports that “Trump’s DOJ Rejected by Supreme Court on California Ballots.”
And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court throws water on Trump bid to set aside California ballots; With the midterms one day away, the Trump administration asked the Supreme Court for help litigating its unproven claims of noncitizen voting in California.”
You can access today’s order of the U.S. Supreme Court at this link.
“The Ethics Rules Behind Weil Gotshal’s ‘Partner Run’; Bans on outside ownership and noncompete agreements make it hard for law firms to innovate — and sometimes even to survive”: William C. Marra has this essay online at The Wall Street Journal.
“Will Alito or Thomas Retire if Democrats Win the Senate? While the Ginsburg example looms in the background, the answer depends on what values the justices are trying to maximize.” Dale Carpenter has this post at “The Volokh Conspiracy.”
“Religious Schools Déjà Vu at the Supreme Court; Colorado makes families with traditional values choose: their beliefs or $6,300 per child?” This editorial will appear in Tuesday’s edition of The Wall Street Journal.
“Jury Selection Begins in First Death-Penalty Case at Guantánamo Bay; A Saudi man is charged with the bombing of the U.S.S. Cole, which killed 17 American sailors in 2000”: Carol Rosenberg of The New York Times has this report.
“The DOJ’s Failed Attempts To Meddle In The Midterms”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.
“Justice Kagan Confronts a Broken Court”: Jesse Wegman has this guest essay online at The New York Times.
“Trump lawyers ask Supreme Court to set aside 20,000 California ballots”: David G. Savage and Kevin Rector of The Los Angeles Times have this report.
Abbie VanSickle of The New York Times reports that “Trump Administration Asks Supreme Court to Intervene in California Ballot Case; In an emergency application, administration lawyers asked the justices to immediately order California to set aside 20,000 mail-in ballots.”
Patrick Marley and Justin Jouvenal of The Washington Post report that “Trump administration asks Supreme Court to set aside 20,000 California ballots for now; The appeal came in a fast-moving legal dispute over midterm ballots that the Trump administration claims may have been cast by noncitizens in the state.”
And at his “Election Law Blog,” Rick Hasen has a post titled “Trump Administration Goes to Supreme Court in Emergency Hail Mary Petition to Try to Force California to Segregate Ballots from Alleged Noncitizens.”
You can access the court filing at this link.
“$7.3M Verdict Against Contractor Survives Statutory-Employer Immunity Challenge on Appeal; The appellate court denied attempts to shield the general contractor from liability via statutory-employer immunity under the state’s Workers’ Compensation Act”: Riley Brennan of The Legal Intelligencer has this report.
Last Wednesday’s en banc decision of the Superior Court of Pennsylvania consisted of a majority opinion and an opinion concurring in part and dissenting in part.
“New Maduro Judge, ‘Immune to Pressure,’ Dealt With Bannon, Jay-Z”: Mike Vilensky and Georgia Fearn of Bloomberg Law have this report.
“Supreme Court to Consider Successive Habeas Claim in Capital Case, Twenty Years After the Murder; This week, the Court will consider when a death-row inmate may file a second habeas application based on ‘a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable’”: Paul Cassell has this post at “The Volokh Conspiracy.”
“Corruption on the Ballot: Corruption is always an issue, but this year will it finally catapult from a topic of chronic bellyaching to an actual mechanism for changing votes?” Ruth Marcus has this Comment in the Talk of the Town section of the November 9, 2026 issue of The New Yorker.
“Democrats eye state supreme court races — this year and beyond; National groups are spending money in battleground judicial races with the hope of liberal majorities in two years”: Casey He of Politico has this report.
“Judge throws out Trump-ordered lawsuit seeking to block certification of Alaska’s U.S. Senate race”: Margaret Carmel of The Anchorage Daily News has this report.
Anna Griffin of The New York Times reports that “Judge Rejects Trump Officials’ Move to Challenge Alaska Senate Election; In the latest defeat for the Trump administration, the ruling dismisses a lawsuit that pre-emptively contested the results of a race that includes two candidates named Daniel Sullivan.”
Jeremy Roebuck and Patrick Marley of The Washington Post report that “Judge tosses DOJ’s attempt to delay Alaska’s Senate results if Republican loses; The decision shot down the Trump administration’s extraordinary request to block the election’s resolution if Sen. Dan S. Sullivan narrowly loses; Another candidate, Dan J. Sullivan Jr., is also running.”
Madlin Mekelburg, Matthew Griffin, and María Paula Mijares Torres of Bloomberg News report that “DOJ Lawsuit to Probe Alaska Senate Vote Thrown Out by Judge.”
And Eric Heisig of Bloomberg Law reports that “DOJ Appeals Judge’s Dismissal of Alaska US Senate Lawsuit.”
You can access today’s decision of the U.S. District Court for the District of Alaska at this link.
“Judicial Notice (11.01.26): Who Killed Weil Gotshal? Laying the blame for Weil’s woes, a federal judge fed up with DOJ, a Ninth Circuit case with lots of leading litigators, and a $17 billion deal involving a name you know.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Trump Has Found the Attorney General of His Dreams”: Columnist David French has this essay online at The New York Times.
“New York court takes up Trump’s latest efforts to toss hush money conviction; Trump claims the case was ‘the most politically charged prosecution in our nation’s history’”: Erik Uebelacker of Courthouse News Service has this report.
“Supreme Court faces wave of appeals about religion and schools; The justices will review petitions asking the court to overturn rulings related to the separation of church and state”: Maureen Groppe of USA Today has this report.
“DOJ’s Groundwork for Midterm Mayhem; A voter’s guide to lawsuits, lies, and last-minute chaos threatening the midterms”: You can access today’s new episode of Slate’s “Amicus” podcast via this link.
“Catholic preschools pit religion against LGBTQ rights in Supreme Court fight over public funds; After opening up taxpayer dollars to religious education, the justices are now considering if faith-based schools must follow the same rules as their secular counterparts”: Kelsey Reichmann of Courthouse News Service has this report.
And John Kruzel of Reuters reports that “Preschool case tests religious conservatives’ US Supreme Court win streak.”
“As Midterms Near, Top Law Firms That Capitulated to Trump Are on the Sidelines; None of the firms that struck deals to avoid crippling executive orders are publicly involved in the major legal efforts to check the Trump administration’s attempts to meddle in the midterm elections, a review by The New York Times shows”: Michael S. Schmidt and Jim Rutenberg of The New York Times have this report.