“The Philosophy That Makes Amy Coney Barrett So Dangerous: Do we really want our rights to be determined by the understandings of centuries ago?” Law professor Erwin Chemerinsky has this essay online at The New York Times.

“Barrett was trustee at private school with anti-gay policies”: Michelle R. Smith and Michael Biesecker of The Associated Press have this report.

“Lexicographer (and Scalia co-author) joins plaintiffs’ team in Facebook TCPA case at SCOTUS”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

“Do justices really set aside personal beliefs? Nope, legal scholar says. Klarman sees trouble ahead in large conservative majority on Supreme Court.” Liz Mineo of The Harvard Gazette has this report.

“Section 230 and the Supreme Court: Is Too Late Worse Than Never?” Alan Z. Rozenshtein has this post at the “Lawfare” blog.

“John Roberts sides with the liberals on mail-in voting but things may change once Barrett arrives”: Joan Biskupic of CNN has this report.

“Amy Coney Barrett and the Dogma That Didn’t Bark: Democrats staged little moments of infamy, but it looks as if she’s headed for a smooth confirmation.” Columnist Gerry Baker has this op-ed in today’s edition of The Wall Street Journal.

“51% in U.S. Want Amy Coney Barrett Seated on Supreme Court”: Megan Brenan of Gallup has this report.

According to a chart accompanying the article, Judge Barrett received the lowest amount of “no opinion” responses of any nominee over the past 33 years, and she also received the largest percentage of responses opposing her confirmation during that same period.

“Supreme Court split in Pa. election case raises questions about how a Justice Barrett would rule”: Seung Min Kim and Robert Barnes of The Washington Post have this report.

Greg Stohr of Bloomberg News reports that “Supreme Court Split Stokes Democrats’ Election Worries.”

And in commentary, online at Slate, law professor Richard L. Hasen has a jurisprudence essay titled “In a 4–4 Split, the Supreme Court Lets Pennsylvania Make Voting Easier — for Now; The decision signals that Amy Coney Barrett will cast the deciding vote in any upcoming election disputes.”

Also online at Slate, Mark Joseph Stern has a jurisprudence essay titled “The Supreme Court’s Ultraconservatives Are Preparing a Radical Assault on American Democracy; They just need Amy Coney Barrett’s vote to put their plan into action.”

“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.”

“The Problem of Free Speech in an Age of Disinformation: How a torrent of propaganda, lies and conspiracy theories has weaponized the First Amendment.” Emily Bazelon has this cover story in today’s edition of The New York Times Magazine.

“Judiciary Committee Democrat calls for ‘rebalance’ of federal judiciary under Biden”: Ryan Lovelace of The Washington Times has a report that begins, “Sen. Chris Coons, Delaware Democrat, said Sunday he is open to packing the Supreme Court with additional justices if Democratic presidential nominee Joseph R. Biden wins the White House.”

“Push to expand Supreme Court faces Democratic buzzsaw”: Jordain Carney of The Hill has this report.

“The framers of the Constitution didn’t worry about ‘originalism’; History shows that the text is far more complex than the legal doctrine might indicate”: Professor Jack Rakove has this essay in the Outlook section of today’s edition of The Washington Post.

“Federal Appeals Courts Emerge as Crucial for Trump in Voting Cases; Federal district courts have tended to rule for Democrats in litigation over how to run the election, but appeals courts, well stocked with the president’s nominees, are blocking them”: Jim Rutenberg and Rebecca R. Ruiz have this front page article in today’s edition of The New York Times.

“A 2009 Supreme Court ruling may require Barrett to recuse herself from 2020 election cases”: Former Fourth Circuit Judge J. Michael Luttig has this essay online at The Washington Post.

“How Chief Justice John Roberts Leads in Polarized Times: Trying to hold the center can be lonely when colleagues disagree; Here are four lessons from the playbook of Supreme Court ‘umpire’ John Roberts.” Sam Walker has this article in today’s edition of The Wall Street Journal.

“Supreme Court is about to have 3 Bush v. Gore alumni sitting on the bench”: Joan Biskupic of CNN has this report.

“Which Constitution Is Amy Coney Barrett Talking About? Her originalism ignores the significance of the second American Revolution.” Columnist Jamelle Bouie has this essay online at The New York Times.

“Military Names Air Force Judge for Guantánamo Bay 9/11 Trial. But There’s a Snag. The latest judge assigned to the long-running death penalty case is based in Virginia and has had a military career focused on defense work, but he has been on the bench for less than two years.” Carol Rosenberg of The New York Times has this report.