“How disagreements about a Texas death row inmate’s guilt became a legal battle between branches of government; The Texas Supreme Court is considering whether a legislative subpoena of a death row inmate infringed on the executive branch’s power to carry out the execution”: Pooja Salhotra of The Texas Tribune has this report.

“DC Circuit side-eyes Capitol rioter’s argument that pepper spray is not a dangerous weapon; An attorney representing Jan. 6 defendant Markus Maly argued that courts condone the use of pepper spray by police officers every day, and thus Maly’s use against an officer should be treated similarly”: Ryan Knappenberger of Courthouse News Service has this report.

“GOP asks Pa. Supreme Court to reject mail-in ballots with handwritten date errors”: Ryan Deto of The Pittsburgh Tribune-Review has this report.

“Death row inmate looks to Seventh Circuit for spousal visitation rights; The inmate sued the Federal Bureau of Prisons in 2021 after they denied his wife’s visitation request because he did not have a relationship with her prior to his incarceration”: Caitlyn Rosen of Courthouse News Service has this report.

“Mafia Case Tests Supreme Court on Crime of Violence Limits; Court has narrowed what counts as crime of violence; Justices struggled with common sense problems on both sides”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

“‘Dark money’ helped Democrats dominate Michigan Supreme Court races”: Simon D. Schuster of Bridge Michigan has this report.

“Supreme Court Mulls Deadline for Voluntary Immigrant Departures; Court asked for holiday, weekend flexibility; Tenth Circuit ruled 60-day deadline is not extendable”: Lydia Wheeler of Bloomberg Law has this report.

And Kelsey Reichmann of Courthouse News Service reports that “Sparks fly as justices spar with feds over deportation deadlines; The federal government drew the ire of the Supreme Court in both of Tuesday’s cases, struggling to defend deportation filing deadlines and grapple with violent crime.”

“Liberals panic as Trump eyes domination of Supreme Court; His appointees to the highest court last time allowed conservatives to overturn the federal right to abortion and much else besides; With a Republican Senate, he can take his pick once again”: David Charter of The Times of London has this report.

“Sending your kid to public school isn’t consenting to arbitration, Calif judge says”: Alison Frankel’s “On the Case” from Reuters has this post.

“Public health and the U.S. Constitution: A Q&A with retired Supreme Court Justice Stephen Breyer.” The Harvard T.H. Chan School of Public Health has posted this video on YouTube.

“Trump Turns to GOP Lawyer McGinley for White House Counsel Job; McGinley, a Jones Day alum, has long worked in Republican legal circles; Trump’s previous White House Counsel McGahn focused on judge picks”: Tatyana Monnay of Bloomberg Law has this report.

“Will the Supreme Court Stand Up to Trump? Can It?” Law professor Stephen I. Vladeck has this guest essay online at The New York Times.

“US Senate Democrats rush to confirm judges before Trump takes office”: Nate Raymond of Reuters has this report.

“Justice Samuel Alito Plans to Remain on Supreme Court; Some Republicans suggest the veteran jurist could step down to let Trump appoint a younger conservative”: Jess Bravin of The Wall Street Journal has this report.

“Trump could tip the scales in Elon Musk’s secret battle against DOJ; Musk’s X Corp. has invoked the First Amendment in a behind-the-scenes legal challenge to a common tactic used in criminal investigations”: Kyle Cheney, Josh Gerstein, and Alfred Ng of Politico have this report.

“Ex-Trump Aide Meadows Rejected by Supreme Court in Georgia Case; Justices refuse to shift case against him into federal court; Meadows one of 19 people charged in case over 2020 election”: Greg Stohr of Bloomberg News has this report, along with articles headlined “New York Rent-Control System Survives Challenge at Supreme Court; Justices decline to hear landlords’ appeals without comment; Court has repeatedly rebuffed constitutional attacks on rules” and “Supreme Court Lets Stand Ruling Curbing Bid-Rigging Prosecutions.”

“Many in government are worried about Trump’s return. At DOJ, they’re terrified. Trump blames DOJ for much of his torment over the past four years. Lawyers there fear what’s next.” Josh Gerstein of Politico has this report.

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

“Fed chair’s job security depends on embattled Supreme Court precedent”: Alison Frankel’s “On the Case” from Reuters has this post.

“Ex-fiancée must return $70K ring after failed engagement, court says; Massachusetts’s highest court reversed a longstanding ruling, saying an engagement ring must be returned if the wedding falls through”: Kyle Melnick of The Washington Post has this report.

“After Trump win, Ohio federal judge backtracks on leaving active service”: Nate Raymond of Reuters has this report.

“Minority-owned firms fear ‘crisis’ as affirmative action programs fall; Some cases making their way through federal courts could have catastrophic consequences for minority-owned businesses that do work for the federal government”: Julian Mark of The Washington Post has this report.

“Women stockpile abortion pills before Trump term; Reproductive-health organizations and companies said demand for ‘morning after’ pills, intrauterine devices and vasectomies has also increased”: Marisa Iati of The Washington Post has this report.

“How America Embraced Gender War: Both Trump’s and Harris’s campaigns framed the Presidential election as a contest between men and women. Did the results prove them right?” Jia Tolentino has this article in the November 18, 2024 issue of The New Yorker.

And Jill Lepore has an article headlined “Democrats Tried to Counter Donald Trump’s Viciousness Toward Women with Condescension; The Harris campaign felt the need to remind women voters that they can vote for whomever they want; Women understood this; The campaign failed to.”

“Why Trump Needs Recess Appointments: The Senate has become too slow to confirm officials; It can help things along by adjourning.” In Tuesday’s edition of The Wall Street Journal, Don McGahn will have an op-ed that begins, “When President Dwight Eisenhower appointed William Brennan to the Supreme Court in 1956, the Senate was in recess. Eisenhower made the appointment unilaterally, in accordance with the Constitution’s Recess Appointments Clause. Brennan was confirmed after the new Congress convened in 1957.”

“Margins narrowing in NC Supreme Court race as officials finish tallying votes; A recount remains possible in the NC Supreme Court race; Democratic incumbent Justice Allison Riggs still trails Republican challenger Jefferson Griffin; But as the final provisional and mail-in ballots are being counted, the race has tightened”: Will Doran of WRAL has this report.

“Wisconsin Supreme Court hears arguments over 1849 abortion ban”: Jessica Van Egeren and Jessie Opoien of The Milwaukee Journal Sentinel have this report.

Mitchell Schmidt of The Wisconsin State Journal reports that “1849 abortion law has been effectively repealed, liberal Wisconsin Supreme Court justices argue.”

Danielle Paquette of The Washington Post reports that “Wisconsin’s high court hears case set to decide state’s abortion rights; At issue is a pre-Civil War law that would completely bar the procedure, with no exceptions for incest, rape or to save the life of a pregnant woman.”

Alice Herman of The Guardian reports that “Wisconsin supreme court seems hostile to 1849 abortion ban in oral arguments; Status of abortion in state has been contested since Roe was overturned, triggering the 175-year-old ban into effect.”

And Todd Richmond of The Associated Press reports that “Wisconsin Supreme Court grapples with whether state’s 175-year-old abortion ban is valid.”

FOX6 News Milwaukee has posted the video of today’s Wisconsin Supreme Court oral argument on YouTube at this link.

“One of Trump’s Few Checks on Power? The Supreme Court He Shaped. Across-the-board tariffs, mass deportation could get scrutiny. Court’s conservative majority hasn’t always come to his aid.” Greg Stohr of Bloomberg News has this report.

“The New Pro-Life Playbook: Under Trump, a new vision of conservative family policy is ascendant.” Emma Green has this article in the November 18, 2024 issue of The New Yorker.

“‘No Way’: Ex-DOJ Official Names 1 Issue Where Trump Will Lose ‘Every Day’ In Court; Neal Katyal warns the president-elect that even a conservative Supreme Court likely won’t be on board with this part of his agenda.” Ed Mazza of HuffPost has this report.

I look forward to seeing Katyal speak this Friday morning in Boston.

“Abortion-rights groups see mixed success in races for state Supreme Court seats”: Andrew DeMillo of The Associated Press has this report.

“Trump’s tariffs could tank the economy. Will the Supreme Court stop them? President-elect Trump is his own worst enemy, unless his fellow Republicans on the Supreme Court intervene.” Ian Millhiser has this essay online at Vox.

“Wisconsin Supreme Court hears arguments Monday in abortion lawsuit; The case involves a 19th century law previously interpreted as banning abortions in the state”: Sarah Lehr of Wisconsin Public Radio has this report.

And Todd Richman of The Associated Press reports that “Wisconsin’s high court to hear oral arguments on whether an 1849 abortion ban remains valid.”

“GOP sweeps Texas Supreme Court, despite efforts of abortion rights PAC”: Bayliss Wagner of The Austin American-Statesman has this report.

“Supreme Court Last Stop for Goodwin Partner Before Leaving Firm; Gerard Cedrone will make high court debut Nov. 12; Later this year, he’ll leave Goodwin for state government”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.