“What’s Behind the Conservative Rift on the Supreme Court: Many court watchers are still paying attention only to how liberal or conservative the justices are; But there’s another factor at work.” Sarah Isgur, co-host of the “Advisory Opinions” podcast, has this essay online at Politico Magazine.

“It Sure Looks Like Roe‘s Foes Noticed That Amy Coney Barrett Is on the Supreme Court; The plaintiffs in the next big abortion rights case quietly — and ominously — flipped their script to better suit the ideology of the new justice”: Matt Ford has this essay online at The New Republic.

“The New Moral Code of America’s Elite: Two students went to Amy Chua for advice. That sin would cost them dearly.” Elizabeth Bruenig of The Atlantic has this report.

“‘I sort of panicked.’ Tech problems hit remote bar exam.” Karen Sloan of Reuters has this report.

“The court after COVID: A recipe for oral argument reform.” Steven Mazie has this post at “SCOTUSblog.”

“11th Circ. Revives Passengers’ Hurricane Harvey Cruise Suit”: Law360 has this report (subscription required for access) on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

“Beef Ads Funded by Cattle Sale ‘Checkoffs’ Are Government Speech”: Jennifer Bennett of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.

A Fifth Circuit decision in which the Prims were arrested for public intoxication: The district court’s ruling was not entirely proper, the U.S. Court of Appeals for the Fifth Circuit ruled in this decision issued yesterday.

“DC Circ. Says Turkey Can’t Duck Protester Abuse Suit”: Law360 has this report (subscription required for access) bearing a pun-filled headline about a ruling that the U.S. Court of Appeals for the D.C. Circuit issued yesterday.

“U.S. Declines to Defend Trump Ally in Lawsuit Over Jan. 6 Riot; The move could mean that the Justice Department is also unlikely to defend former President Donald J. Trump in the case”: Katie Benner has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Devlin Barrett and Rachel Weiner have an article headlined “Justice Dept: Republican Rep. Mo Brooks may be sued over Jan. 6 speech to Trump supporters.”

Sadie Gurman of The Wall Street Journal reports that “Justice Department Won’t Defend GOP Lawmaker Mo Brooks in Lawsuit Over Jan. 6 Riot; Department says congressman’s rally speech wasn’t an official function.”

Kevin Johnson of USA Today has an article headlined “DOJ: Rep. Mo Brooks should not be dismissed from Capitol riot lawsuit; actions not ‘within scope’ of duties.”

Pete Williams and Dartunorro Clark of NBC News report that “DOJ ruling represents legal setback for Rep. Mo Brooks in lawsuit over Jan. 6 speech; The Justice Department told a federal court Tuesday that Brooks, R-Ala., wasn’t acting in an official capacity when he spoke at Trump’s rally.”

Marshall Cohen and Tierney Sneed of CNN report that “DOJ won’t protect GOP Rep. Mo Brooks in insurrection lawsuit.”

Kyle Cheney and Josh Gerstein of Politico report that “Justice Department declines to defend Rep. Mo Brooks against Jan. 6 incitement lawsuit; The Alabama Republican is one of several defendants in the suit filed by Rep. Eric Swalwell, who says Brooks knowingly incited a mob of Trump supporters.”

Harper Neidig of The Hill reports that “DOJ declines to back Mo Brooks’s defense against Swalwell’s riot lawsuit.”

Zoe Tillman of BuzzFeed News reports that “The Justice Department Won’t Agree To Defend Rep. Mo Brooks Against Claims He Incited The Jan. 6 Riots; DOJ concluded the Alabama Republican was engaging in campaign activity at a Jan. 6 rally, and that’s not the US government’s business.”

Nick Visser of HuffPost reports that “U.S. Won’t Defend Rep. Mo Brooks For Speaking At Pro-Trump Rally On Jan. 6; The Department of Justice said the Alabama Republican’s speech before the Capitol attack was ‘not within the scope’ of his employment.”

And in commentary, online at The Washington Post, Norman Eisen and Donald Ayer have an essay titled “Merrick Garland is doing more to hold Trump accountable than it appears; Rejecting Mo Brooks’s request for immunization for Jan. 6 remarks underscores the attorney general’s approach.”

You can access last night’s filing of the U.S. Department of Justice in the U.S. District Court for the District of Columbia at this link.

“Roe v. Wade Is Now in the Hands of the Three Trump Justices; Does that mean it might be safe?” Law professor David S. Cohen and Dahlia Lithwick have this jurisprudence essay online at Slate.

“Supreme Court Job Approval Dips Below 50%”: Jeffrey M. Jones of Gallup News has this report.

“U.S. Supreme Court’s ‘shadow docket’ favored religion and Trump”: Lawrence Hurley and Andrew Chung of Reuters have this news analysis.