“‘Originalism Is Intellectually Indefensible’: Eric Foner on the Enduring Myth of the Colorblind Constitution; A conversation with the historian and Second Founding author about the parts of the Constitution that conservative judges keep trying to forget.” Cristian Farias has this post at Balls and Strikes.

“Federal Exceptionalism and the Fourteenth Amendment’s Framers’ Intent”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

“Harvard, UNC Race-Based Admissions Cases Put Supreme Court Justices on Collision Course; Supreme Court weighs affirmative action in college admissions; Chief’s scorn for racial preferences at odds with new justice”: Greg Stohr of Bloomberg News has this report.

“How Supreme Court’s ‘shadow docket’ helps Republicans — and enables unlawful policy: From Lindsey Graham to Donald Trump to Kelli Ward, this worrying pattern of behavior sends an increasingly partisan message.” Law professor Steve Vladeck has this essay online at MSNBC.

“Appellate ruling may force another Supreme Court look at CFPB; Decision could create more difficulties for the agency’s regulatory duties and require possible congressional action”: Caitlin Reilly of Roll Call has this report.

“Decades of stark divisions over affirmative action set for Supreme Court showdown; Justices will consider next week whether to end affirmative action in cases challenging policies at the University of North Carolina and Harvard University”: Lawrence Hurley of NBC News has this report.

“Behind U.S. Supreme Court race cases, a contested push for ‘color blindness'”: Andrew Chung of Reuters has this report.

“Supreme Court faces chance to settle racial preferences in school admissions”: Stephen Dinan has this front page article in today’s edition of The Washington Times.

“The Supreme Court and Racial Preferences: The Justices can reassert the principle that discriminating by race is illegal.” This editorial will appear in Friday’s edition of The Wall Street Journal.

“It’s Still the Roberts Court. And That’s a Good Thing.” Adam J. White has this guest essay online at The New York Times.

“Conservative activist steers U.S. Supreme Court college race cases”: Nate Raymond of Reuters has this report.

“Private papers reveal the tactics that helped SCOTUS uphold the use of affirmative action”: Joan Biskupic of CNN has this report.

“Biden administration urges Supreme Court to reject ‘extraordinarily disruptive’ theory in major elections case; The court hears oral arguments in December in a Republican attempt to strip state courts of the authority to oversee election-related issues”: Lawrence Hurley of NBC News has this report.

“Joe Kennedy’s return to Bremerton High School football team slated for March 2023”: Andrew Binion of The Kitsap Sun of Bremerton, Washington has this report.

And Mark A. Kellner of The Washington Times reports that “Praying high school football coach to return to the field by March.”

“Adrian Vermeule on ‘The Original Scalia’ | Herbert W. Vaughan Academic Program”: Harvard Law School has posted this video on YouTube.

The video’s description concludes, “Following Vermeule’s remarks, Lawrence Lessig, Roy L. Furman Professor of Law and Leadership at Harvard Law School, and the Hon. Andrew Oldham, of the United States Court of Appeals for the Fifth Circuit shared their perspectives on his arguments. The discussion was moderated by Jack Goldsmith, the Learned Hand Professor Law at Harvard Law School.”

“Special Master in MoneyGram Feud at SCOTUS Has Surprise Change of Mind; ‘Upon reading the arguments before the Supreme Court and returning to the record in the case, I can no longer subscribe to the entirety of the recommendations I made to the Supreme Court,’ the special master said in an order Wednesday”: Marcia Coyle of The National Law Journal has this report.

“The Supreme Court Is Headed for a Self-Imposed Voting Caseload Disaster”: Nathaniel Bach and law professor Richard L. Hasen have this jurisprudence essay online at Slate.

“Texas Supreme Court weighs whether to dismiss abortion funds’ defamation case against anti-abortion activist; Several abortion funds have sued anti-abortion activist Mark Lee Dickson, who called them ‘criminal organizations,’ for defamation”: Alex Nguyen of The Texas Tribune has this report.

The Supreme Court of Texas has posted the video of this oral argument on YouTube at this link.

“Pa. health-care providers and lawmakers face off in state Supreme Court case to decide Medicaid coverage for abortion; Lawyers face off in a Pennsylvania Supreme Court case that will decide whether Medicaid can pay for abortions”: Sarah Gantz of The Philadelphia Inquirer has this report.

Paula Reed Ward of TribLIVE reports that “Pa. Supreme Court hears arguments on Medicaid funding for abortion.”

And Maryclaire Dale of The Associated Press reports that “Abortion providers challenge Medicaid ban in Pennsylvania.”

You can access the audio of today’s Pa. Supreme Court oral argument session on YouTube via this link.

“Florida asks US Supreme Court to reject dietary advice case”: Jim Saunders of the News Service of Florida has this report.

“Reactions to the Louisiana Supreme Court ruling on Jim Crow Jury verdicts: ‘a grave misstep.'” Makenzie Boucher of The Shreveport Times has this report.

“At Least One Juror Refused To Call Them Guilty. But They’re Still In Prison. In Oregon and Louisiana, hundreds remain behind bars two years after U.S. Supreme Court outlawed split-jury verdicts.” Kaylee Tornay of InvestigateWest has this report.

“U.S. Supreme Court’s Alito calls law school free speech ‘abysmal'”: Nate Raymond of Reuters has this report.

“If Supreme Court ends affirmative action, how will the military adapt?” Irene Loewenson of Military Times has this report.

“20 Democratic Senators Ask Supreme Court to Reject Once-Fringe Theory in Elections Case; The so-called independent state legislature theory is at the center of a Supreme Court case involving electoral maps in North Carolina; The theory runs afoul of normal checks and balances, the senators wrote”: Nick Corasaniti of The New York Times has this report.

“Supreme Court to judge affirmative action in college admissions”: Mike Damiano of The Boston Globe has this report.

“The United States’ Unamendable Constitution: How our inability to change America’s most important document is deforming our politics and government.” Jill Lepore has this Annals of Inquiry article online at The New Yorker.

“The Injustice, Insincerity, and Destabilizing Impact of the SCOTUS Turn to History”: Law professor Michael C. Dorf has this essay online at Justia’s Verdict.

“Abortion, Guns, Affirmative Action and Fake Textualism and Federalism”: Eric Segall has this blog post at “Dorf on Law.”

“Affirmative Action’s Last Best Hope”: Law professor Justin Driver has this guest essay online at The New York Times.

“Thomas? Kavanaugh? Roberts? Conservatives dominate Supreme Court but lack clear leader.” John Kruzel of The Hill has this report.

“Trump Appeal in Rape Accuser’s Defamation Suit Gets Fast-Track; Federal court certified a key question to the DC high court; January hearing on whether Trump acted in official capacity”: Zoe Tillman of Bloomberg News has this report.

“Justice Ginsburg to Be Honored on Stamp as Cultural ‘Icon'”: Jordan S. Rubin of Bloomberg Law has this report.

“LIVE Q&A with Justice Alito at The Heritage Foundation”: The Heritage Foundation has posted this video on YouTube.

In news coverage, Andrew Chung of Reuters reports that “Supreme Court’s Alito says abortion draft leak made justices ‘targets.’”

And Greg Stohr of Bloomberg News reports that “Supreme Court’s Alito Says Abortion Opinion Leak Made Justices Murder Targets; He gives no indication court has discovered leaker’s identity; Unprecedented leak was a ‘grave betrayal of trust by somebody.’“

“The Absurd, Enduring Myth of the ‘One-Man’ Campaign to Abolish Affirmative Action”: Jeannie Park and Kristin Penner have this jurisprudence essay online at Slate.