“Sixth Circuit revives tech group’s challenge to Tennessee social media law; The law seeks to ban those under 18 from accessing social media without parental consent”: Ryan Luetkemeyer of Courthouse News Service has this report.
You can access today’s decision of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.
“Trump Administration Appeals Ruling Halting Mail-In Voting Rules; The Postal Service appealed an emergency decision from Thursday that blocked it from changing its procedures for mail-in voting ahead of the upcoming midterm elections”: Zach Montague of The New York Times has this report.
And Greg Stohr and Zoe Tillman of Bloomberg News report that “US Postal Service Appeals Order Halting Mail-in Ballot Curbs.”
“Trump asks Supreme Court to allow military to discharge transgender troops; The high court could decide to hear the case in the term that begins in October”: Julian Mark of The Washington Post has this report.
“DOJ Balks at Demands for Details on Trump’s Deal in IRS Case”: Zoe Tillman of Bloomberg News has this report.
“The White House says its ballroom is 65% complete. Its documents suggest otherwise. The claim, made in government filings to the Supreme Court, is contradicted by budget and other records.” Sarah Blaskey, Jonathan O’Connell, Dan Diamond, and Jarrett Ley of The Wall Street Journal have this report.
“Paramount Turns to a Heavy-Hitting Lawyer Who Likes Tough Clients; Beth Wilkinson is working on three of the most high-stakes media battles in years”: Jessica Toonkel of The Wall Street Journal has this report.
“The Timing of the US Government’s USPS Eventual Motion to SCOTUS in the Mail Ballot Case, and Insinuations about Justice Ketanji Brown Jackson’s Slow-Walking the Case”: Rick Hasen has this post at his “Election Law Blog.”
“Judge Throws Out Key 9/11 Confession as Tainted by Torture; Prosecutors argued the statements by the defendant, Khalid Shaikh Mohammed, were crucial evidence for the eventual death-penalty trial”: Carol Rosenberg of The New York Times has this report.
“Thou Shalt Not Post the Ten Commandments?” Samuel Bray has this post at the “Divided Arguments” Substack site.
You can access the law review article at this link.
“The Unitary Executive and Comey’s Vindictive Prosecution Claim; The government tries to have it both ways”: Jack Goldsmith has this post at the “Executive Functions” Substack site.
“Kalshi Takes Hit as Appeals Court Says Sports Bets Aren’t Swaps”: Gillian R. Brassil of Bloomberg Law has this report.
You can access today’s decision of the U.S. Court of Appeals for the Ninth Circuit at this link.
Update: In other coverage, Lauren McCarthy of The New York Times reports that “Prediction Markets Should Be Regulated as Gambling, Appeals Court Says; The outcome contradicted an earlier appeals court decision; Federal regulators said the split rulings called for resolution by the Supreme Court.”
“Ninth Circuit rules California gun dealers must keep surveillance systems; Firearm dealers had described the surveillance system requirement as a government-mandated eavesdropping device”: Quinn Welsch of Courthouse News Service has this report.
You can access yesterday’s decision of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
“Abu Ghraib Verdict Thrown Out After CACI’s Latest Challenge”: Daniel Seiden of Bloomberg Law has this report.
You can access today’s unpublished decision of the U.S. Court of Appeals for the Fourth Circuit at this link.
“Trump loses longshot bid to transfer NYC hush money case to federal court; President Donald Trump sought to erase his New York state criminal trial convictions by remanding the case to a federal court, where he could revive previously dismissed immunity claims”: Josh Russell of Courthouse News Service has this report.
You can access today’s decision of the U.S. District Court for the Southern District of New York at this link.
Update: In other coverage, Josh Gerstein and Kyle Cheney of Politico report that “Judge again rejects Trump’s bid to move criminal hush money case to federal court; The president has attempted to move the state criminal case that made him a convicted felon to federal court three times, without success.”
“Third Circuit Rejects Trump on Immigrant Mandatory Detention”: Megan Crepeau of Bloomberg Law has this report.
You can access today’s decision of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link.
Update: In other coverage, Kyle Cheney of Politico reports that “Appeals court delivers 8th straight blow to ICE’s mandatory detention policy; The 3rd Circuit said the Trump administration misinterpreted federal law.”
“The Boat Strikes Aren’t Part of a War. They’re Murder. By debating war powers and war crimes, Congress is missing the simpler, graver truth: The president is directing summary executions.” Sarah Elaine Harrison has this post at the “Lawfare” blog.
“Q&A with Justice Neil Gorsuch on the Heroes of the American Revolution; Justice Neil Gorsuch talked about his children’s book, Heroes of 1776, about the signers of the Declaration of Independence and other, lesser-known revolutionaries who fought for independence from the British”: C-SPAN has posted this video online.
“The Media’s Lawfare Enabling; Legal journalists who know better cheer on meritless lawsuits against Trump”: Columnist Kimberley A. Strassel will have this op-ed in Friday’s edition of The Wall Street Journal.
“The Supreme Court Isn’t Interested in Facts; In decision after decision, the conservative justices are ignoring the evidentiary record that lower courts have worked hard to establish”: Duncan Hosie has this essay online at The Atlantic.
“Donald Trump vs. Lisa Cook, Round II; The Supreme Court let the President try a second pretextual firing; Now he might”: The Wall Street Journal has published this editorial.
“App Case Splits Circuits Over Embedded Media Copyright Test”: Kyle Jahner and Annelise Levy of Bloomberg News have this report (subscription required for full access).
You can access today’s decision of the U.S. Court of Appeals for the Fifth Circuit at this link.
My earlier coverage of this appeal’s oral argument can be accessed here.
Update: In other coverage, Christina van Waasbergen of Courthouse News Service reports that “Fifth Circuit sides with news aggregator in copyright battle; The appeals panel also determined that some URLs could count as copyright management information, which could have implications for linking back and forth on the internet.”
“How the Anvil Was Nearly Dropped on ‘Coyote vs. Acme’; The live action-animation hybrid comedy fought a real-life studio battle to win its theatrical release”: Jason T. Bailey of The New York Times has this report.
And Alissa Wilkinson of The New York Times has a movie review headlined “‘Coyote vs. Acme’ Review: A Daffy Corporate Comedy; A delightful tale that nails the tone of the Looney Tunes shorts while telling a new story, too.”
“Secrecy in Lawsuits Has ‘Run Amok,’ Scholars Say; Two recent studies say judges are not doing enough to protect the public interest in openness”: Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.
“A federal judge suggested actions by DA Larry Krasner’s office in a controversial appellate case could amount to crimes; The judge’s comment was the latest development in the case, which has already featured explosive accusations about how prosecutors behaved while weighing whether to reverse a murder conviction”: Chris Palmer of The Philadelphia Inquirer has this report.
“How to Fix Congress | Interview: Rep. Jake Auchincloss.” You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.
“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.