“Justice Kavanaugh Unlocked Ways to Fight Foreign Interference; He made clear the constitutional rights of foreign actors abroad cannot be violated, because they have no constitutional rights”: Ellen L. Weintraub has this essay online at The New York Times.
“A Question of Life and Death Looms for Amy Coney Barrett; If confirmed, she may soon have to reconcile her Catholic morality and the law over a death penalty case”: Columnist Elizabeth Bruenig has this essay online at The New York Times.
“An Earthquake, an Orphanage, and New Beginnings for Haitian Children in America; After the 2010 earthquake in Haiti, 19 children from one orphanage were flown to the U.S. to be adopted by American families; One would later meet President Trump”: Catherine Porter and Serge F. Kovaleski have this front page article in today’s edition of The New York Times.
“I Was Reagan’s Solicitor General. Here’s What Biden Should Do With the Court. Joe Biden should be open to enlarging the number of justices. But first, he should see if the conservative majority overplays its hand.” Law professor Charles Fried has this essay online at The New York Times.
“Switch in Time 2: Featuring John Roberts in Place of Owen Roberts.” Michael C. Dorf has this post at his “Dorf on Law” blog.
“Amy Coney Barrett Supreme Court nomination expected to advance during rare Sunday Senate session; GOP senators already planning events at home the middle of next week”: Niels Lesniewski of Roll Call has this report.
“Amy Coney Barrett Should Recuse Herself on Abortion Cases; She’s expressed unusual beliefs on recusal — beliefs that should require her to opt out of ruling on reproductive rights”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“U.S. to execute first woman in 67 years for strangling acquaintance, kidnapping unborn child”: Marisa Iati of The Washington Post has an article that begins, “A woman convicted of strangling a pregnant woman and kidnapping her unborn child is scheduled to be put to death in December in the first federal execution of a woman in nearly 70 years, officials said Friday.”
“Judge Amy Coney Barrett and the future of physician-assisted suicide”: Charles Lane has this essay online at The Washington Post.
“Supreme Court to Review 2 of Trump’s Major Immigration Policies; The court adds to a docket of cases that will test the president’s agenda”: Adam Liptak will have this article in Tuesday’s edition of The New York Times.
Robert Barnes of The Washington Post reports that “Supreme Court to review Trump’s border wall funding and ‘Remain in Mexico’ program.”
David G. Savage and Molly O’Toole of The Los Angeles Times report that “Supreme Court agrees to rule on Trump’s immigration policies, but not until next year.”
Brent Kendall and Michelle Hackman of The Wall Street Journal report that “Supreme Court to Review Two of Trump Administration’s Immigration Policies; The cases involve the Remain in Mexico policy for asylum seekers and construction of a border wall with military funds.”
Richard Wolf of USA Today has reports headlined “Supreme Court will decide future of President Trump’s border wall with Mexico” and “Supreme Court will rule on Trump administration policy forcing asylum-seekers to remain in Mexico.”
And Stephen Dinan of The Washington Times reports that “Supreme Court to hear Trump immigration cases on border wall, asylum.”
“Senate to work through weekend to push Barrett onto court”: Lisa Mascaro of The Associated Press has a report that begins, “Wasting no time, the Senate is on track to confirm Judge Amy Coney Barrett to the Supreme Court by next Monday, charging toward a rare weekend session as Republicans push past procedural steps to install President Donald Trump’s pick before Election Day.”
“National Injunction Case Added to the Court’s Docket; National injunction deja deja deja vu?” Samuel Bray has this post at “The Volokh Conspiracy.”
“We’re Living in the Shadows of a Bush v. Gore 2.0; The same people spending money to put Amy Coney Barrett on the Supreme Court are also trying to suppress the vote”: Law professor Richard L. Hasen and Dahlia Lithwick have this jurisprudence essay online at Slate.
“New Yorker Suspends Jeffrey Toobin After Zoom Incident; In a statement, the magazine said it was investigating a matter involving the author and CNN legal analyst”: Johnny Diaz of The New York Times has this report.
And Brian Stelter and Oliver Darcy of CNN report that “Jeffrey Toobin suspended from New Yorker, on leave from CNN, after accidentally exposing himself on Zoom call.”
Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in three cases and called for the views of the Solicitor General’s office in one case.
In Bovat v. Vermont, No. 19–1301, Justice Neil M. Gorsuch issued a statement, in which Justices Sonia Sotomayor and Elena Kagan joined, respecting the denial of certiorari.
And in Rogers County Board of Tax Roll Corrections v. Video Gaming Technologies, Inc., No. 19-1298, Justice Clarence Thomas issued a dissent from the denial of certiorari.
In the October 26, 2020 issue of The New Yorker: In the Talk of the Town section, Amy Davidson Sorkin has a Comment titled “Amy Coney Barrett’s Silence Is an Expression of Extremism; The conservative judge’s refusal to answer fundamental questions at her Supreme Court confirmation hearings demonstrated just how far Trump has moved the margins of our political culture.”
Eyal Press has an article headlined “Trump’s Labor Secretary Is a Wrecking Ball Aimed at Workers; As Election Day looms, Eugene Scalia, a cunning lawyer committed to dismantling regulation, is weakening one employee protection after another.”
And Rachel Monroe has an Annals of Justice article headlined “How to Spot a Military Impostor: The detectives who investigate fake stories of military service use many tools, including shame.”