“Don’t Attack Biden’s Supreme Court Nominees for Playing by the Rules; There have historically been few routes to legal-world success for Black women; Is it fair to change the rules on them now?” Elie Mystal has this essay online at The Nation.

“Judge Michelle Childs, whose early life was shaped by gun violence, is on SCOTUS list”: Nina Totenberg of NPR has this report.

Ninth Circuit Judge John B. Owens pays tribute to Walter Dellinger at the start of a virtual oral argument session in Pasadena today: You can view the video on YouTube via this link.

“Jurors in Sarah Palin’s Defamation Suit Against New York Times Knew Judge Planned to Dismiss Her Claims; Judge said some jurors involuntarily received smartphone push notifications ‘that contained the bottom-line of the ruling'”: Deanna Paul of The Wall Street Journal has this report.

“Jim Clyburn saved Biden’s candidacy — and now has the president’s ear on Supreme Court picks; The South Carolina lawmaker has tremendous influence in the White House, and he has made clear he wants the president to nominate U.S. District Judge J. Michelle Childs to the Supreme Court”: Cleve R. Wootson Jr. and Marianna Sotomayor of The Washington Post have this report.

“Effort to Weaken Press Protections Isn’t Likely to End With Palin Case; Lawyers sympathetic to revisiting libel law say several cases in the courts could be used to re-examine longstanding Supreme Court precedent”: Jeremy W. Peters of The New York Times has this report.

“Conservatives Open New Front in Elite School Admission Wars; The Pacific Legal Foundation is behind lawsuits that challenge elite public high schools that are changing their admissions policies to diversify their student body”: Stephanie Saul of The New York Times has this report.

“Judge James Ho’s Affirmative Action Comments Spark Debate Among Legal Academics; Some academics say Ho’s comments could cause recusal issues in potential future cases, while another says Ho was explaining the law as it’s applied now”: Avalon Zoppo of The National Law Journal has this report.

“Rabner announces he won’t fill Fernandez-Vina vacancy on Supreme Court; Court will operate with six members until Senate confirms new nominees”: Joey Fox of the New Jersey Globe has this report.

“Walter Dellinger, Top Legal Official in Clinton White House, Dies at 80; He served as both the head of the Office of Legal Counsel and acting solicitor general, and he remained a leading figure in liberal legal battles”: The New York Times has published this obituary written by Clay Risen.

Julian Shen-Berro of The News & Observer of Raleigh, North Carolina reports that “Walter Dellinger, Duke law professor with storied legal career, dies at 80.”

Jonathan Drew and Mark Sherman of The Associated Press report that “Walter Dellinger, influential scholar and lawyer, dies at 80.”

David Thomas of Reuters reports that “Walter Dellinger, Supreme Court advocate and legal scholar, dies at 80.”

Joseph Gedeon of Politico reports that “Former Acting Solicitor General Walter Dellinger III dies at 80; ‘A great mentor to me and so many others — and a kind friend,’ chief of staff Ron Klain wrote in a Tweet.”

And online at Slate, Dahlia Lithwick has a jurisprudence essay titled “Walter Dellinger, Legal Luminary Who Helped Build Slate’s Legal Coverage, Dies at 80.” Slate has also published an item titled “What Made Walter Dellinger a Brilliant Lawyer Also Made Him a Great Man: Friends and colleagues remember a giant of the law.”

“At Supreme Court, it’s do as I say not as I do; With institutional integrity hanging in the balance, the justices are catching blowback for saying one thing and then doing another”: Kelsey Reichmann of Courthouse News Service has this report.

“Teacher fired for not using student’s ‘preferred pronoun’ takes case to Virginia Supreme Court”: Alex Swoyer of The Washington Times has this report.

“Can Democrat Nick Kristof run for governor? Oregon Supreme Court plans to issue decision Thursday.” Hillary Borrud of The Oregonian has this report.

“For high court nominees ‘When’s your birthday?’ matters”: Jessica Gresko of The Associated Press has this report.

“The Conservative Justices Don’t Seem Too Worried About the Court’s Legitimacy; Fears about the Supreme Court’s public reputation used to have a moderating influence — but that may not be the case any longer”: Law professor Mary Ziegler has this essay online at The Atlantic.

“The question this case presents is when, and under what circumstances, a court should raise and decide an issue that the parties haven’t presented.” The en banc Eleventh Circuit sharply divided — not entirely along the usual lines — in this 132-page ruling issued today.

For appellate lawyers interested in waiver, forfeiture, and whether courts should limit themselves to deciding the issues the parties have presented or the issues the judges and/or society might wish the parties had presented, this decision is very much worth a read.

“The Praying Football Coach at the Center of a ‘Religious Liberty’ Revolution: You’ve heard of the ‘wall of separation between church and state’; In Kennedy v. Bremerton School District, the Supreme Court’s six-justice conservative supermajority will have the chance to dismantle it.” Adam Cohen has this post at Balls and Strikes.

“‘A Lion of the Law’: O’Melveny’s Walter Dellinger III, Former Acting US Solicitor General, Dead at 80; Dellinger was a celebrated constitutional scholar who served as acting solicitor general in the Clinton administration and led the appellate and Supreme Court practice at O’Melveny & Myers.” Marcia Coyle and Andrew Goudsward of The National Law Journal have this report.

“Judge Rakoff’s Inexplicable Announcement of His Intended JNOV in Palin v. NY Times”: Michael C. Dorf has this post at his blog, “Dorf on Law.”