“SCOTUS punts on review of standard that helped mentally disabled man avoid death penalty; Over a dozen states wrote in support of Alabama’s appeal, claiming that protections against cruel and unusual punishment have eroded their ability to address crime”: Ryan Knappenberger and Kelsey Reichmann of Courthouse News Service have this report.

And John Fritze of CNN reports that “Supreme Court orders more review of Alabama’s request to execute inmate courts said is intellectually disabled.”

“This Retired General Settled the 9/11 Case. Then the Defense Secretary Took Charge. Susan Escallier’s approval of a plea deal, one of the most important decisions in the history of Guantánamo Bay’s war court, has drawn attention to her role and the dysfunctional military commissions.” Carol Rosenberg of The New York Times has this report.

“Election Anxiety: How the Outcome Could Affect SCOTUS’s Docket.” You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.

“The Great Big Pre-Election Freedom and Democracy Show: We have to think big if we’re going to get through this.” You can access the new episode of Slate’s “Amicus” podcast via this link.

“107. Presidents and Justices: On the eve of the presidential election, a brief reflection on the quirky and unpredictable math of Supreme Court appointments per presidential term.” Steve Vladeck has this post at his “One First” Substack site.

“Election Threatens to Upend Biden Battles at US Supreme Court; Trump expected to flip US positions, if he wins; Disputes over ‘ghost guns,’ transgender rights likely targets”: Lydia Wheeler of Bloomberg Law has this report.

Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one case and noted probable jurisdiction in two related cases.

And the Court issued a per curiam decision, vacating the judgment of the U.S. Court of Appeals for the Eleventh Circuit, in Hamm v. Smith, No. 23–167.