“Trump Tests the Constitution’s Limits; It’s up to officials in the three branches of government to keep the president in line”: Columnist William A. Galston will have this op-ed in Wednesday’s edition of The Wall Street Journal.

“Biden’s Judicial Nominees and Absentee Republicans; Some Senators aren’t showing up to oppose lame-duck nominees”: This editorial will appear in Wednesday’s edition of The Wall Street Journal.

“Ohio Supreme Court declines to rule on trans Ohioans’ ability to change birth certificates”: Erin Glynn of The Columbus Dispatch has this report.

Laura Hancock of The Cleveland Plain Dealer reports that “Ohio Supreme Court denies transgender woman’s request to change birth certificate.”

Kevin Koeninger of Courthouse News Service reports that “Ohio Supreme Court hits impasse over trans woman’s birth certificate; Unable to decide whether state law allows alterations to the ‘sex marker’ on birth certificates, the court left intact a lower court’s refusal to let a trans woman update hers.”

And Dan Trevas of Courthouse News Ohio reports that “Court Unable to Rule on Transgender Woman’s Request to Change Birth Certificate.”

You can access today’s ruling of the Supreme Court of Ohio, and the separate opinions accompanying it, at this link.

“Wyoming abortion bans indefinitely struck down by Teton County judge”: Jasmine Hall of The Jackson Hole News & Guide has this report.

Joshua Wolfson of WyoFile reports that “Gordon pursues appeal after judge blocks Wyoming abortion bans; The governor called the decision ‘frustrating,’ but said it was always clear the matter would go before the Wyoming Supreme Court.”

Mead Gruver of The Associated Press reports that “Judge strikes down Wyoming abortion laws, including an explicit ban on pills to end pregnancy.”

And Fallon Gallagher and Raquel Coronell Uribe of NBC News report that “Judge strikes down Wyoming’s abortion laws, saying they violate state constitution; The ruling means abortion in Wyoming is legal for now up until fetal viability.”

“US Senate Democrats secure confirmation of long-delayed judicial nominee”: Nate Raymond of Reuters has this report.

According to the article, “The Democratic-led Senate voted 51-44 to elevate U.S. Magistrate Judge Mustafa Kasubhai in Eugene, Oregon, to a district court judgeship, making him only the third Muslim American to serve as a life-tenured federal judge.”

And Tiana Headley of Bloomberg Law reports that “Biden Trial Pick Kasubhai Confirmed After Rocky Senate Ride; Mustafa Kasubhai only one of handful of Muslim life-tenured US judges; Appointed to sit on Oregon’s district court.”

“Democrats look at late-night, weekend votes to confirm last Biden judicial nominees”: Alexander Bolton of The Hill has this report.

And Diego Areas Munhoz and Tiana Headley of Bloomberg Law report that “Senate Democrats Face GOP Fight on Rush of Biden Judge Nominees; Absences help Democrats move nominees amid stalling tactics; Schumer tries to maximize impact on courts before Trump return.”

“Embry Kidd to Join Thin Ranks of Black Male Circuit Judges; Kidd is second Black male appellate appointee in decade; Biden has prioritized diversity in court selections”: Tiana Headley of Bloomberg Law has this report.

Nate Raymond of Reuters reports that “US Senate confirms first Biden-picked appellate judge since election.”

And A.G. Gancarski of Florida Politics reports that “Ron DeSantis knocks no-show Senators — including Marco Rubio, JD Vance — after ‘leftist’ judicial confirmation.”

Yesterday, the U.S. Senate confirmed Magistrate Judge Embry J. Kidd (M.D. Fla.) to serve on the U.S. Court of Appeals for the Eleventh Circuit by a vote of 49-to-45.

“NC Supreme Court race headed to recount with Allison Riggs leading Republican challenger”: Kyle Ingram of The News & Observer of Raleigh, North Carolina has this report.

And Will Doran of WRAL reports that “Riggs appears to win NC Supreme Court race, but Griffin calls for a recount; North Carolina Supreme Court Justice Allison Riggs, the Democratic incumbent, led Republican Jefferson Griffin by 625 votes out of 5.5 million once all votes were finished being counted late Monday; Griffin’s team appears to be preparing to call for a recount.”

“Would Trump’s Justices Approve His Recess Appointments? Probably not — and Roberts, Thomas and Alito already expressed disapproval in the 2014 Noel Canning case.” Law professor Jed Rubenfeld has this essay online at The Wall Street Journal.

“A Tribute to Gene Meyer”: Josh Blackman has this post at “The Volokh Conspiracy.”

“Court appears unlikely to spare former Fox News reporter in contempt fight; The case could become the first big showdown over press freedom during Donald Trump’s second term”: Josh Gerstein and Kyle Cheney of Politico have this report.

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

“Pa. Supreme Court again rules that Philly and other counties cannot count undated mail ballots; The ruling comes after several Philly-area counties defied the court’s previous guidance; The issue has come under close scrutiny as the race between Bob Casey and Dave McCormick undergoes a recount”: Sean Collins Walsh of The Philadelphia Inquirer has this report.

Today’s decision of the Supreme Court of Pennsylvania consists of a per curiam order, two concurring statements (here and here), and a dissenting statement.

“Trump’s Parade of Clowns, Idiots, and Creeps”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.

“The Senate Will Absolutely Confirm Matt Gaetz; If you think these Republicans are going to stand up to Donald Trump, you have not been paying attention”: Dahlia Lithwick has this Jurisprudence essay online at Slate.

“Mass Tort Lawyers Trapped in Cycle of Debt as Cases Drag On; Mass tort firms refinance loans as they await settlements; Funders see ‘fallow period’ in big-ticket lawsuit pipeline”: Emily R. Siegel of Bloomberg Law has this report.

“Matt Gaetz And the Clown Car Crash Into the Justice Department; Justice and free speech are getting crushed in the name of ‘justice’ and ‘free speech’”: You can access the new episode of Slate’s “Amicus” podcast via this link.

Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.

“Texas Supreme Court removes temporary block to Robert Roberson’s execution; The state’s highest civil court ruled that legislators can’t use subpoenas to block death row inmates’ executions, but suggested there’s still time for Roberson to testify before a Texas House panel”: Pooja Salhotra and Terri Langford of The Texas Tribune have this report.

You can access last Friday’s ruling of the Supreme Court of Texas at this link.

In the November 25, 2024 issue of The New Yorker: Jennifer Gonnerman has an Annals of Law article headlined “An Investigation Into How Prosecutors Picked Death-Penalty Juries; One of the notes on potential jurors read, ‘I liked him better than any other Jew But No Way,’ then added, ‘Must Kick, too Risky.’”

In the Talk of the Town section, David Remnick has a Comment titled “Donald Trump’s Cabinet of Wonders; The President-elect’s nominations look like the most flagrant act of vindictive trolling since the rise of the Internet; But it is a trolling beyond mischief.”

Adam Gopnik has an A Critic at Large essay titled “What’s the Difference Between a Rampaging Mob and a Righteous Protest? From the French Revolution to January 6th, crowds have been heroized and vilified; Now they’re a field of study.”

And Margaret Talbot has a Books essay titled “The Frenemies Who Fought to Bring Birth Control to the U.S.; Though Margaret Sanger and Mary Ware Dennett shared a mission, they took very different approaches; Their ensuing rivalry was political, sometimes even personal.”

“109. Things Fall Apart: Some reflections on my disheartening exchange with Judge Jones at last Thursday’s Federalist Society convention — and its ominous implications for the future of legal debate.” Steve Vladeck has this post at his “One First” Substack site.

And at his “The SDFLA Blog,” David Oscar Markus has a post titled “Federalist Society meeting goes off the rails.”

“Applying the Text & History Methodology to Looming Second Amendment Battles After Rahimi”: The Federalist Society has posted this video on YouTube.

“Why the Federalist Society Has Been a Great Success; Spilling the secrets”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

“Conservative Lawyers Group Pops Champagne With Cautious Optimism; Federalist Society gathering plans for success with GOP wins; Speakers cheer Supreme Court rulings curbing agency power”: Zoe Tillman of Bloomberg News has this report.

And Suzanne Monyak of Bloomberg Law reports that “Judges Raise a Glass to High Court Rulings Curbing Agency Power.”

“Trump’s Recess Appointments Scheme Is a Show of Power Over the Supreme Court, Too; A decade ago, three conservative justices expressed their belief that what Trump wants to do with his Cabinet is unconstitutional”: Madiba K. Dennie has this post at Balls and Strikes.

“Hon. Robert H. Bork Memorial Lecture” featuring law professor Stephen Sachs: The Federalist Society has posted this video on YouTube.

“Mike Johnson must block Trump’s scheme on recess appointments; Trump is threatening to bypass Senate approval of his Cabinet picks; The House speaker should stop him”: Edward Whelan has this essay online at The Washington Post.

“Trump’s authority to impose sweeping tariffs to be put to the test; Businesses have been lobbying Congress and preparing legal challenges to push back on Trump’s proposal to enact tariffs on all imports”: Shannon Pettypiece and Lawrence Hurley of NBC News have this report.

“End the Criminal Cases Against Trump”: Thomas Goldstein has this guest essay online at The New York Times.

“Judge James Ho Kicks Off The Auditions For Trump’s Next Supreme Court Pick; The conservative Texas appeals court judge is changing his stance on birthright citizenship to appeal to the president-elect”: Paul Blumenthal of HuffPost has this report.

“Trump is determined to see Gaetz confirmed as AG despite controversies”: Kristen Holmes, Lauren Fox, Pamela Brown, Jamie Gangel, and Steve Contorno of CNN have this report.

Maya C. Miller of The New York Times reports that “Matt Gaetz, Master of Insults, Now Needs Support From Senators He Bashed; The right-wing mudslinger built his brand on mercilessly trolling his adversaries, including some Republican senators, on TV and social media; Now he needs their votes to be confirmed.”

Julie Tsirkin, Laura Jarrett, and Lisa Rubin of NBC News report that “A majority of Senate Republicans doubt Matt Gaetz will be confirmed as attorney general, sources say; More than half of Senate Republicans, including some in senior leadership positions, privately say they don’t see a path for the former Florida representative, according to a number of Republican sources.”

And Alanna Durkin Richer and Eric Tucker of The Associated Pres have an article headlined “Anxiety and dismay inside the Justice Department after Trump taps Gaetz as attorney general.”

“Democrat Allison Riggs takes lead in NC Supreme Court race, but it’s not the final count”: Caitlyn Yaede and Kyle Ingram of The News & Observer of Raleigh, North Carolina have this report.

“Grassley Aims to Keep Blue Slip Custom for District Court Picks; Iowa Republican’s office says he takes ‘traditional approach’; Grassley to chair Judiciary Committee he led in Trump term”: Tiana Headley of Bloomberg Law has this report.

“Federal Judicial Selection in the Next Administration”: The Federalist Society has posted this video on Youtube, along with a video titled “On Building a Courageous and Effective Career.”

“Federalist Society Leader Thanks Liberal Panelists After Ambush”: Suzanne Monyak of Bloomberg Law has this report.

“Trump Turns to His Personal Lawyers to Stock Top Ranks of Justice Dept.; The president-elect intends to nominate three members of his criminal defense team to senior roles, raising further concerns about politicization of the department”: Alan Feuer and Maggie Haberman of The New York Times have this report.