“We opposed each other in Bush v. Gore. Now we agree: Biden won.” David Boies and Theodore B. Olson have this essay online at The Washington Post.

“Trump lost at the ballot box. His legal challenges aren’t going any better.” David A. Fahrenthold, Emma Brown, and Hannah Knowles of The Washington Post have this report.

“As Covid cases soar, GOP state lawmakers keep fighting to limit governors’ power to respond; Experts say the limits conservative state lawmakers want on governors’ emergency powers would hamper the anti-Covid fight; In Wisconsin, they already have”: Adiel Kaplan of NBC News has this report.

And David K. Li of NBC News reports that “Appeals court rules against El Paso’s shutdown order amid Covid surge; There can only be ‘one captain of the ship,’ judge says in ruling in favor of the state.” Yesterday’s ruling of the Eighth Court of Appeals of Texas consisted of a majority opinion and a dissenting opinion.

“Supreme Court Justice Alito’s Federalist Society speech shows how political the court will get; One of the Supreme Court’s leading conservatives openly joined the culture wars, and clearly telegraphed his intentions now that he’s in the majority”: Professor Scott Lemieux has this essay online at NBC News.

“Yale legal experts dive into Barrett’s addition to the Supreme Court”: Julia Brown of The Yale Daily News has this report.

“The Supreme Court Is in Charge Now: Voters could have given Joe Biden the option to hold the high court in check; Instead, they’ve unleashed its conservative supermajority.” Matt Ford has this essay online at The New Republic.

“After defending Kim Davis, Justice Samuel Alito criticizes SCOTUS’ same-sex marriage ruling”: Ben Tobin and Andrew Wolfson of The Louisville Courier Journal have this report.

“Trump Lawyers Pressured to End Role in Election Challenges; Porter Wright withdrew from a federal lawsuit for the president in Pennsylvania, while Jones Day says it isn’t involved in election fraud cases”: Sara Randazzo of The Wall Street Journal has this report.

“Trump’s originalist judges should reject his lawsuits usurping states’ rights. The framers would.” Law professor Edward B. Foley has this essay online at The Washington Post.

“Why so sour, Justice Alito? Your side in the Supreme Court is winning.” Columnist Ruth Marcus has this essay online at The Washington Post.

“In Unusually Political Speech, Alito Says Liberals Pose Threat to Liberties; The conservative justice’s pointed remarks, which he made in a speech to the Federalist Society, reflected thoughts he has expressed in his opinions”: Adam Liptak has this article in today’s edition of The New York Times.