“What Thurgood Marshall Taught Me: He became the first Black Supreme Court justice, and the stories he told his clerks — like me — revealed how he helped break down America’s color line.” Law professor Stephen L. Carter will have this article in this upcoming Sunday’s edition of The New York Times Magazine.

“Transgender Student’s Bathroom-Use Win Upheld in Revised Opinion”: Patrick Dorrian of Bloomberg Law has this report (subscription required for full access).

And Mark Walsh of Education Week reports that “Appeals Court Again Backs Transgender Student, But on Narrower Grounds Amid Signs of Rift.”

You can access yesterday’s ruling on panel rehearing of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.

“So far as I can tell, the Moses H. Cone canon is just made up. We should rethink it.” So wrote Eleventh Circuit Judge Kevin C. Newsom in a concurring opinion issued yesterday.

“Atlanta court upholds CDC eviction moratorium”: Bill Rankin of The Atlanta Journal-Constitution has this report.

David Eldridge of The Washington Times reports that “Federal appeals court leaves evictions moratorium in place, a blow to landlords.”

John Kruzel of The Hill reports that “Appeals court deals another blow to landlords on eviction freeze.”

And Kayla Goggin of Courthouse News Service reports that “Landlords Lose Challenge to Eviction Ban at 11th Circuit; A landlord’s inability to collect rent from an insolvent tenant during the pandemic does not constitute irreparable injury, an appellate panel found.”

You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.

“Tree walk highlights how to identify trees, as well as the threats facing them”: Liz Sauchelli of The Valley News of West Lebanon, New Hampshire recently had this article in which Justice Stephen G. Breyer is mentioned and perhaps appears in an accompanying photograph.

“Exclusive: Stephen Breyer says he hasn’t decided his retirement plans and is happy as the Supreme Court’s top liberal.” Joan Biskupic of CNN has this report.

“Supreme Court: Legislature overstepped authority with subpoenas.” Seaborn Larson of The Helena (Mont.) Independent Record has this report.

And Amy Beth Hanson of The Associated Press reports that “Montana justices say lawmakers overstepped in seeking emails.”

You can access today’s ruling of the Supreme Court of Montana in this separation-of-powers dispute at this link.

“Court orders shorter sentence for ‘Tiger King’ Joe Exotic”: Coleen Slevin of The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.

“Missouri Gets Chance to Revive Down Syndrome Abortion Law”: Mary Anne Pazanowski of Bloomberg Law has this report on an order granting rehearing en banc that the U.S. Court of Appeals for the Eighth Circuit issued yesterday on the court’s own motion.

Yesterday’s sua sponte Eighth Circuit order will presumably render superfluous, at least for the time being, Missouri’s recently filed petition for writ of certiorari requesting U.S. Supreme Court review of the Eighth Circuit’s now-vacated three-judge panel ruling.

“A Glimpse at the Newest Class of SCOTUS Law Clerks; Here’s what we know, so far, about the 37 Supreme Court law clerks selected for the upcoming term”: Tony Mauro of The National Law Journal has this report.

“The Real Issue in the Puerto Rican Cockfighting Case Before the Supreme Court”: Law professor Michael C. Dorf has this essay online at Justia’s Verdict.

“Amy Coney Barrett Is Following in the Footsteps of John Roberts; The newest Supreme Court justice wants to be seen as a deeply academic thinker, but her shadow docket rulings reveal her long game”: Dahlia Lithwick and Mark Joseph Stern appeared on the new installment of Slate’s “The Waves” podcast.

“With Trump appointees, 9th Circuit suffers another year of reversals at Supreme Court”: David G. Savage and Maura Dolan of The Los Angeles Times have this report.

“Lawsuit Takes Aim at Citizen-Enforced Texas Abortion Law; Abortion providers are challenging a new law that would allow individuals to sue abortion clinics, doctors and anyone helping a woman get an abortion in Texas”: Elizabeth Dias of The New York Times has this report.

Ann E. Marimow of The Washington Post reports that “Lawsuit targets Texas abortion law deputizing citizens to enforce six-week ban.”

Chuck Lindell of The Austin American-Statesman reports that “Abortion providers sue to block Texas law that would ban most procedures.”

Jeremy Blackman of The Houston Chronicle reports that “Abortion provider sues to stop new Texas law before it’s implemented.”

Adam Edelman of NBC News reports that “Abortion rights groups sue to block Texas law allowing citizens to sue providers; Unlike other states’ laws, Texas’ ban would be enforced through private citizens’ lawsuits against abortion providers, not by the state government.”

John Kruzel of The Hill reports that “Texas sued over law that lets citizens enforce ‘fetal heartbeat’ abortion ban.”

Heidi Perez-Moreno of The Texas Tribune reports that “Twenty abortion providers sue Texas officials over law that bans abortions as early as six weeks; The law is set to take effect Sept. 1.”

Alanna Vagianos of HuffPost reports that “Lawsuit Filed To Stop Texas Law That Pays Private Citizens To Enforce Abortion Ban; Texas wants to give individuals $10,000 if they successfully sue abortion providers and others who ‘aid and abet’ an abortion after six weeks of pregnancy.”

And Cameron Langford of Courthouse News Service reports that “Texas Abortion Providers Preemptively Challenge Fetal Heartbeat Law; The providers say the bill is designed to force them to spend large amounts of time and money defending themselves in lawsuits across Texas, as anti-abortion ‘vigilantes’ can sue them in any of the state’s 254 counties.”

“Gun laws barring sales to people under 21 are unconstitutional, appeals court rules”: Ann E. Marimow of The Washington Post has this report.

And Mychael Schnell of The Hill reports that “Appeals court rules 21-year minimum age for handgun purchases is unconstitutional.”

You can access today’s 141-page ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.

“Interview: Nina Totenberg.” Elise Spenner has this post at the “High School SCOTUS” blog.

Spenner has also recently interviewed Adam Feldman and Melissa Murray.

“Jennifer Sung — Nominee to the U.S. Court of Appeals for the Ninth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

“Trump unloads on Kavanaugh in new Michael Wolff book”: Mike Allen of Axios has this report.

Jamie Ross of The Daily Beast has a report headlined “‘I Saved His Life’: Trump Says He’s ‘Very Disappointed’ in Kavanaugh’s Failure to Help Him Steal Election.”

And online at Medium, Judi Hershman has a post titled “Ken Starr, Brett Kavanaugh, Jeffrey Epstein and Me.”

“Judge Robin Rosenbaum”: You can access today’s new installment of the “For the Defense with David Oscar Markus” podcast, featuring Eleventh Circuit Judge Robin S. Rosenbaum, via this link.

“Report Card From US Supreme Court: How the Third Circuit Fared in the 2020-2021 Term.” This month’s installment of my “Upon Further Review” column appears in today’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

Today’s essay is part one of a two-part series evaluating how my local federal appellate court performed last Term at the U.S. Supreme Court. My focus in today’s essay is on the good news the Third Circuit received last term from #SCOTUS. Next month’s essay will focus on the bad news.

“A Modest Proposal: Livestream SCOTUS Oral Arguments With 7-Second Tape Delay To Account for Disruptions; If, and when there is an outburst, the Court can put the broadcast on hold until order is restored.” Josh Blackman has this post at “The Volokh Conspiracy.”

“Michael Corcoran ’17 To Clerk for U.S. Supreme Court Justice Clarence Thomas”: Mike Fox of the University of Virginia School of Law has this report.

“Chief Guantánamo Prosecutor Retiring Before Sept. 11 Trial Begins; Army Brig. Gen. Mark Martins had held the job longest, and was for many years the public face of military commissions”: Carol Rosenberg of The New York Times has this report.

“Exclusive Interview with Pa. Chief Justice: Cosby not innocent but DA reprehensible.” Dennis Owens of Harrisburg, Pennsylvania’s ABC affiliate 27 News has this report.

And Jeremy Roebuck of The Philadelphia Inquirer has a report headlined “Pennsylvania’s top judge called charging Bill Cosby ‘reprehensible.’ Now the prosecutor is firing back. An interview with Chief Justice Max Baer on the Supreme Court’s Cosby ruling provoked a strong reaction from District Attorney Kevin Steele, who accused him of spreading misinformation.”

“Trump Suits Against Tech Giants Face Steep First Amendment Hurdles; A unanimous 1974 Supreme Court decision said newspapers could not be forced to publish replies from politicians they had criticized”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

“SCOTUS Watchers Freak Out Over Breyer’s ‘Selfish’ and ‘Dangerous’ Decision to Stay Put; ‘Law professors are supposed to speak respectfully of these people and in hushed tones about Justice Breyer and all that, but he’s being an idiot,’ said one law professor”: Scott Bixby of The Daily Beast has this report.

“Sarah Welch to clerk for Supreme Court Justice Brett Kavanaugh”: Ohio University’s Ohio News has this report.

There’s always next year: Jon Ward of Yahoo News reports that “The real measure of Justice Amy Coney Barrett will come in the next year.”

“Schumer: Democrats ‘ready to expeditiously fill’ any Supreme Court vacancy.” Jordain Carney of The Hill has this report.

“How Democrats Lost the Courts: Justice Stephen Breyer hasn’t retired yet; But filling Supreme Court seats is just one battle in a war over the judiciary — one that progressives worry they’re losing.” Emma Green of The Atlantic has this report.

“Policing, race heating up the pages of opinions in Richmond-based federal appeals court”: Frank Green of The Richmond Times-Dispatch has this report.

“Pa. Cases To Watch In 2021: Midyear Report.” I am serving as appellate counsel for the plaintiff in two of the cases featured in this article written by Matthew Santoni of Law360.

“The Supreme Court’s Term Appeared To Be Cautious. The Numbers Tell A Different Story.” Nina Totenberg and Eric Singerman of NPR have this report.

“The Revenge of John Roberts: And what it will take to rescue democracy from a Supreme Court and a GOP hell-bent on dismantling it.” Andy Kroll of Rolling Stone has this report.

“Florida Supreme Court draws fire over rule on continuing lawyer education; “This raises the danger of injecting the Florida Supreme Court and its justices into a political issue,’ one lawyer said”: Dara Kam of News Service of Florida has this report.