“Abortion and Partisan Entrenchment”: Law professor Jack M. Balkin has posted this essay at SSRN.

“Democrats Delay Senate Vote to Protect Gay Marriage as G.O.P. Balks”: Annie Karni of The New York Times has this report.

Leigh Ann Caldwell of The Washington Post reports that “Senate punts on same-sex marriage vote until after midterms; The Respect for Marriage Act would enshrine federal protections for same-sex and interracial marriages and repeal the 1996 Defense of Marriage Act.”

And Natalie Andrews of The Wall Street Journal reports that “Same-Sex Marriage Vote Delayed Until After Midterms; Democrats and other advocates say they need to build more support among undecided Republicans.”

“Silence Dooms Rise In Post-Judgment Interest, 3rd Circ. Says”: Bill Wichert of Law360 has this report (subscription required for access) on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today in an appeal that I briefed and argued on behalf of the appellant.

“U.S. Senate confirms 2nd Circuit judge; panel advances five other nominees”: Nate Raymond of Reuters has this report.

And Madison Alder of Bloomberg Law reports that “Senate Confirms Merriam to New York-Based US Appellate Court.”

Today, the U.S. Senate confirmed U.S. District Judge Sarah A.L. Merriam (D. Conn.) to serve on the U.S. Court of Appeals for the Second Circuit by a vote of 53-to-44.

“Apple wants appeals court bailout in privilege dispute over Tim Cook emails”: Alison Frankel’s “On the Case” from Reuters has this post.

“Federal Judges Playing Amateur Doctor Goes About As Poorly As You’d Expect; Courts care deeply about the existence of a scientific consensus, unless a scientific consensus yields an answer they don’t like”: Lisa Needham has this post at Balls and Strikes.

“Justice Jackson’s New Disclosures Highlight Transparency Gaps”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

“Justices Yet to Decide on Live Audio Kept in Appeals Courts”: Jordan S. Rubin and Madison Alder of Bloomberg Law has this report.

“Elena Kagan’s ‘Political’ Supreme Court; The Justice gives an assist to those attacking the Court’s legitimacy”: This editorial will appear in Friday’s edition of The Wall Street Journal.

“Fraudulent Document Cited in Supreme Court Bid to Torch Election Law; Supporters of the ‘independent state legislature theory’ are quoting fake history”: Ethan Herenstein and Brian Palmer have this essay online at Politico Magazine.

“Trump’s Personal Coup Lawyer Looks to the Supreme Court for His Next Election Fix; John Eastman has some wild-eyed ideas about ‘independent state legislature theory,’ and he’s hoping the high court’s majority will be willing to play along next term”: Matt Ford has this essay online at The New Republic.

“Despite ‘Procedural’ Setback, Legal Community Says Freeman’s Confirmation to 3rd Circuit Still Likely”: Max Mitchell of The Legal Intelligencer has this report.

A particularly well-informed observer informs me that if confirmed, this nominee would be the second to have the full U.S. Senate vote down the nominee on an up-or-down vote before the nominee was later confirmed to the same judicial post. The earlier instance, however, did not occur on reconsideration before the same Senate. Rather, it required a subsequent nomination by a different President, resulting in confirmation nearly 15 years after the original defeat.

“Senate approves Rhode Island Public Defender Montecalvo for federal appeals court”: Katie Mulvaney of The Providence Journal has this report.

Nate Raymond of Reuters reports that “U.S. Senate vote gives Biden record for most public defenders on appeals courts.”

And Madison Alder of Bloomberg Law reports that “Biden Sets Record for Public Defenders on Bench With Sixth Judge.”

Yesterday, the U.S. Senate confirmed Lara E. Montecalvo to serve on the U.S. Court of Appeals for the First Circuit by a vote of 52-to-47.

“How Far Will the Supreme Court’s Conservatives Go in Dismantling Anthony Kennedy’s Legacy?” Brianne Gorod has this jurisprudence essay online at Slate.

“Most abortions stop in West Virginia after lawmakers pass near-total ban”: Katie Shepherd and Dan Heyman of The Washington Post have this report.

“Supreme Court Says Yeshiva University Must Allow L.G.B.T. Group as Case Proceeds; By a 5-to-4 vote, the court refused to block a trial judge’s ruling that required the university to recognize the group under New York City’s anti-discrimination law”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court reverses course on religious school’s LGBTQ club in 5-4 vote.”

And Jess Bravin of The Wall Street Journal reports that “Supreme Court Declines Yeshiva University’s Bid to Deny Recognition of Gay Student Group; Divided court says university must direct additional legal requests to New York’s courts.”

You can access this evening’s 5-to-4 order of the U.S. Supreme Court at this link.

“Temple professor falsely accused of spying for China urges court to revive his suit against the FBI; The case against Xiaoxing Xi, his attorneys say, was part of a pattern of bungled and discriminatory prosecutions against Chinese-American scientists”: Jeremy Roebuck of The Philadelphia Inquirer has this report.

And Alexandra Jones of Courthouse News Service reports that “Appeals court weighs case over China-born physicist’s wrongful espionage charges; After being falsely tagged as a Chinese spy by the FBI, a professor seeking to revive his malicious prosecution claim appeared to garner sympathy from a Third Circuit panel.”

You can access via this link the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit.

“Justice Kagan warns Supreme Court can’t be seen as political; Speaking at Northwestern Law School, Kagan said the Supreme Court’s legitimacy can be questioned if it is seen as ‘spoiling for trouble'”: Lynn Sweet of The Chicago Sun-Times has this report.

Nate Raymond and Andrew Chung of Reuters report that “U.S. Supreme Court risks its legitimacy by looking political, Justice Kagan says.”

Josh Gerstein of Politico reports that “Kagan repeats warning that Supreme Court is damaging its legitimacy; The justice’s pointed comments follow Chief Justice John Roberts’ recent lament that unpopular decisions shouldn’t undercut the court.”

And Kelsey Reichmann of Courthouse News Service has an article headlined “With jabs at her colleagues, Justice Kagan warns the court ‘needs to act like a court’; In a wide-ranging talk, the Obama appointee remarked on issues driving the court’s legitimacy problems.”

“Nina Totenberg was friends with RBG. Got a problem with that? The NPR correspondent recounts their longtime, controversial relationship in her new memoir ‘Dinners With Ruth.'” Roxanne Roberts of The Washington Post has this report.

“Lindsey Graham’s Unbelievably Cruel Abortion Ban”: Columnist Michelle Goldberg has this essay online at The New York Times.

And also online at that newspaper, columnist Ross Douthat has an essay titled “What Conflicted Americans Fear Most From an Abortion Ban.”

“Senate Democrats Struggle to Get Republican Support on Same-Sex Marriage Bill; A lack of GOP backing could push a vote that proponents had hoped to begin soon off for weeks or months”: Natalie Andrews of The Wall Street Journal has this report.

“‘Word Choice Matters.’ Appellate Judges Talk Collegiality on the Courts; The three federal judges also dove into the public’s perception of the U.S. Supreme Court and judicial philosophies.” Avalon Zoppo of The National Law Journal has this report on a new episode of the American Law Institute’s “Reasonably Speaking” podcast that featured Second Circuit Judge Raymond J. Lohier, Jr., Sixth Circuit Chief Judge Jeffrey S. Sutton, and Seventh Circuit Judge Diane P. Wood as guests.

Notable interviews recently posted at the “High School SCOTUS” blog: One week ago, Hannah Saraf had a post titled “Interview: Erwin Chemerinsky.”

And late last month, Elise Spenner had a post titled “Interview: Sherrilyn Ifill.”

“Baltimore prosecutors move to vacate Adnan Syed conviction in 1999 murder case brought to national fame in ‘Serial’ podcast”: Alex Mann and Lee O. Sanderlin of The Baltimore Sun have this report.

“Thoughts and Worries About Appellate Practice Post-Pandemic”: Raffi Melkonian has this essay in the Fall 2022 issue of Legal Communications and Rhetoric: JALWD.

On a related note, this month’s installment of my monthly appellate column, titled “After 2 Years, In-Person Oral Arguments Are Finally Back,” appeared in yesterday’s print edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

“Ohio Supreme Court: Motorists don’t violate OVI suspension unless vehicle is moving.” Jeremy Pelzer of The Cleveland Plain Dealer has this report.

Laura A. Bischoff of The Columbus Dispatch has an article headlined “Sleeping in a car after party leads to ticket. Sloppy law wording helps woman beat case.”

And Dan Trevas of Court News Ohio has a summary of the ruling titled “Driving Under Suspension Charge Requires Moving Vehicle.”

You can access today’s 4-to-3 ruling of the Supreme Court of Ohio, which failed to produce a majority opinion, at this link.

“Ohio judge blocks six-week abortion ban for 14 days”: Jessie Balmert of The Cincinnati Enquirer has this report.

Update: You can access the ruling at this link.

“The Supreme Court’s Latest Native Adoption Case Is About Much More Than Native Adoption; How conservative lawyers turned an obscure state adoption case into a vehicle that could allow the justices to throw centuries of well-settled Tribal law out the window”: Yvette Borja has this post at Balls and Strikes.

“Fifth Circuit Struggles With Federal Bump Stock Ban”: Lydia Wheeler of Bloomberg Law has this report (subscription required for full access) on an oral argument (access the audio via this link) that the en banc U.S. Court of Appeals for the Fifth Circuit heard today.

“DOJ urges appeals court to uphold federal employee vaccine mandate”: Brendan Pierson of Reuters has this report.

And Cameron Langford of Courthouse News Service reports that “Full Fifth Circuit dissects Covid vaccine mandate for federal workers; Some judges on the New Orleans-based appeals court criticized President Biden’s mandate since vaccines are not ironclad protection against catching the virus.”

You can access the audio of today’s oral argument before the en banc U.S. Court of Appeals for the Fifth Circuit via this link.

“Skirts-only charter school seeks Supreme Court review in latest SCOTUS culture war”: Alison Frankel’s “On the Case” from Reuters has this post about a petition for writ of certiorari pending at the U.S. Supreme Court.

“West Virginia lawmakers pass bill that restricts abortion with narrow exceptions”: Brad McElhinny of West Virginia’s MetroNews has this report.

Campbell Robertson of The New York Times reports that “West Virginia Passes Strict Abortion Ban; The bill, which has some exceptions for rape, incest and the life of the mother, will go into effect immediately if the governor signs it.”

And Katie Shepherd of The Washington Post reports that “West Virginia becomes 2nd state to pass strict abortion ban post-Roe.”

“Lindsey Graham’s Abortion Bill Gets Cold Shoulder From Some Republicans; Supreme Court ruling has made abortion access a top issue in midterm elections”: Katy Stech Ferek and Lindsay Wise of The Wall Street Journal have this report.

Lisa Lerer and Elizabeth Dias of The New York Times report that “Republicans Struggle to Unite Party Around National Abortion Restrictions.”

Amy B Wang and Caroline Kitchener of The Washington Post report that “Graham introduces bill to ban abortions nationwide after 15 weeks.”

Valerie Richardson of The Washington Times reports that “Lindsey Graham fuels abortion debate with bill to limit most abortions after 15 weeks.”

And in commentary, The Wall Street Journal has published an editorial titled “Lindsey Graham’s 15-Week Abortion Ban: It’s constitutionally dubious and risks misreading the politics.”

“Ken Starr, Independent Counsel in Clinton Investigation, Dies at 76; Mr. Starr’s family said he died of complications from surgery”: Peter Baker of The New York Times has this early report.

“John Roberts Can’t Admit What’s Happened to the Supreme Court; But he’s too smart not to understand it”: Dahlia Lithwick has this jurisprudence essay online at Slate.