“The Supreme Court’s Recusal Problem”: This editorial will appear Thursday in The New York Times.

“Interpreting The Constitution In The Digital Era”: Today’s broadcast of NPR’s “Fresh Air from WHYY” contained this audio segment featuring law professor Jeffrey Rosen.

“The unintended consequences of racial preferences”: In Thursday’s edition of The Washington Post, columnist George F. Will will have an op-ed that begins, “The Supreme Court faces a discomfiting decision. If it chooses, as it should, to hear a case concerning racial preferences in admissions at the University of Texas, the court will confront evidence of its complicity in harming the supposed beneficiaries of preferences the court has enabled and encouraged.”

“Appeals Panel to Review Bid to Return Bank of America Deal to State Court”: Bloomberg News has this report.

Reuters reports that “Appeal sped up over BofA $8.5 bln MBS accord.”

And Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a report headlined “Good news for BofA? 2d Circ. expedites $8.5 bln MBS appeal.”

“Supreme Court weighs disclosure of HIV status; The high court hears the case of a San Francisco pilot whose HIV status was reported by the Social Security Administration to the FAA; But the justices seem skeptical of the damages claim”: David G. Savage will have this article Thursday in The Los Angeles Times.

In Thursday’s edition of The Washington Post, Robert Barnes will have an article headlined “Justices weigh whether Privacy Act violations allow for distress damages.”

In Thursday’s edition of USA Today, Joan Biskupic will have an article headlined “Supreme Court takes case on pilot’s privacy.”

And Bill Mears of CNN.com reports that “Justices debate what damages are due for privacy violation.”

“Nativity Scene Comes To Life Before The Supreme Court”: Hayley Miller and Mike Sacks of The Huffington Post have this report.

“Supreme Court asked to hear end-of-life case”: The Toronto Globe and Mail contains this article today.

“An Intolerable Burden of Proof”: This editorial appears today in The New York Times.

“Supreme Court Looks On HIV-Positive Pilot’s Emotional Distress Mostly Unmoved”: Mike Sacks of The Huffington Post has this report.

“New hearing for ban on guns at Alameda fairgrounds”: Bob Egelko has this article today in The San Francisco Chronicle.

And today’s edition of Metropolitan News-Enterprise reports that “Ninth Circuit Agrees to Second En Banc Rehearing in Gun Case; Judges to Again Consider Whether County May Ban Firearms from Fairgrounds.”

My earlier coverage of Monday’s Ninth Circuit order granting rehearing en banc can be accessed here.