“Court Allows Trump to Pursue Mail Voting Limits, for Now; The administration asked the court to clear the way for President Trump’s order that creates ‘state citizenship lists’ and directs the Postal Service to decide who gets a mail-in ballot”: Abbie VanSickle and Ann E. Marimow of The New York Times have this report.
Justin Jouvenal, Patrick Marley, and Julian Mark of The Washington Post report that “Supreme Court eases path for Trump’s sweeping limits on mail-in balloting; The legal fight will continue, but the president’s executive order could inject fresh uncertainty into the already high-stakes midterm elections.”
And James Romoser and Louise Radnofsky of The Wall Street Journal report that “Supreme Court Removes Hurdle to Trump Directive on Mail Voting; Lawsuit challenging Trump’s executive order on mail ballots was premature, court says, but more litigation is ahead.”
You can access today’s decision of the U.S. Supreme Court at this link.
“Man Accused of Impersonating Chief Justice Roberts, NSA Agent”: Jordan Fischer of Bloomberg Law has this report.
“Paul, Weiss Welcomes Acclaimed Lawyer William Jay in Washington, D.C. to Lead Supreme Court & Appellate Litigation Practice”: Paul, Weiss, Rifkind, Wharton & Garrison LLP issued this news release today.
“KBJ Warns of ‘Kafkaesque Nightmare’ After Pro-Trump Supreme Court Ruling on Mail Voting. We’ll Know Soon Enough.” Law professor Richard L. Hasen has this Jurisprudence essay online at Slate.
“246. Making Sense of the Mail-in Ballots Ruling: The Supreme Court’s grant of a stay in one of the mail-in ballot cases is deeply wrong, but it’s also not the main event over whether Trump’s patently unlawful executive order can take effect.” Steve Vladeck has this post at his “One First” Substack site.
“245. Irreparable Harm, ‘Administrative’ Stays, and the White House Ballroom: Chief Justice Roberts’s Friday order in the White House ballroom case is a useful (if exasperating) illustration of how standardless the Court’s approach to ‘administrative’ stays appears to be.” Steve Vladeck has this post at his “One First” Substack site.
“Dragging the Supreme Court Out of the Shadows: It’s time for Congress to put a stop to the unbriefed, unargued, unexplained rulings that account for a majority of the Court’s decisions.” Jesse Wegman has this post at his “Major Questions” Substack site.
“What Does Peak Fascism Look Like?” You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.
“Justice Clarence Thomas One-on-One (Part 1)”: You can access today’s new episode of the “Verdict with Ted Cruz” podcast via this link and on YouTube.
“The Stolen Seat: How Neil Gorsuch leapfrogged Merrick Garland to land a lifetime appointment to the Supreme Court.” You can access the new episode of Slate’s “Amicus” podcast via this link.
“Supreme Court blew a nearly trillion-dollar hole in budget by striking down Trump tariffs”: Stephen Dinan of The Washington Times has this report.
“Judicial Notice (08.23.26): No Nonsense; An ethics complaint against a Trump administration lawyer, a Silicon Valley judge in the spotlight, a slew of new judicial noms, and lateral losses by a big Biglaw name.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Secret White House bunker undercuts Trump’s ballroom lawsuit, ex-officials say; The White House already has a nuclear-proof facility buried deep underground and built in secret after 9/11”: Noah Robertson and Dan Diamond of The Washington Post have this report.
“Trump Seeks a Tariff Do-Over in Court; After its Section 122 levies lose in court, White House lawyers improperly appealed with a new rationale”: J. Marc Wheat and Richard Stern have this essay online at The Wall Street Journal.
“Ed Martin leaving DOJ for outside legal work tied to elections, Trump says; Martin, a staunch Trump ally, served as the pardon attorney and the interim U.S. attorney for the District of Columbia in 2025”: Ashley Ahn of Politico has this report.
And Perry Stein and Jeremy Roebuck of The Washington Post reports that “Ed Martin leaving Justice Dept. after tumultuous tenure that alienated colleagues; Martin’s clashes cost him jobs as U.S. attorney and as head of the Justice Department’s ‘weaponization’ group.”
“Postal Service Publishes Finalized Plan to Restrict Mail Ballots; The plan, which complies with President Trump’s executive order to curtail mail voting, will only go into effect if the Supreme Court rules in the order’s favor”: Adam Sella of The New York Times has this report.
“Georgia’s highest court to stop hearing appeals in murder cases. What’s that mean for Georgia?” Peter Biello of Georgia Public Broadcasting has this report.
“A Few Expert Lawyers Dominate Supreme Court Arguments, a New Study Finds; Chief Justice Roberts, once such a lawyer, has said he has mixed feelings about the trend”: Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.
“Chief Justice Declines to Halt Trump’s White House Ballroom Construction, for Now; The 90,000-square-foot ballroom project has grown in size and scope, with the president’s lawyers saying it is intertwined with the renovation of an underground military bunker”: Ann E. Marimow of The New York Times has this report.
You can access yesterday’s order at this link.
“The Kidney Stones that Made John Marshall Chief Justice . . . and other serendipities”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“U.S. Citizen Who Deleted Phone’s Data Says His Prosecution Puts Privacy at Risk; Samuel Tunick, who faces a felony charge for deleting his phone’s data during an airport customs search, called the government’s peering into people’s private lives ‘creepy’”: Adeel Hassan of The New York Times has this report.
“Trump Administration Attacks Bar Association’s Power to Accredit Law Schools; Move escalates feud with nation’s premier legal organization”: Douglas Belkin and Erin Mulvaney of The Wall Street Journal has this report.
“Appeals court affirms Sarcone is unlawfully serving as top federal prosecutor in Upstate NY”: Jon Moss and Anne Hayes of The Post-Standard of Syracuse, New York have this report.
Emily Goodin of The New York Post reports that “Trump admin dealt major blow in crusade against Letitia James after top NY prosecutor determined unlawfully appointed.”
Kara Scannell of CNN reports that “Trump US attorney pick can no longer investigate one of the president’s top foes, court rules.”
And Josh Russell of Courthouse News Service reports that “Second Circuit kills appointment of Trump loyalist as top New York prosecutor; Trump’s pick for the top federal prosecutor overseeing the Northern District of New York was found to have sidestepped Senate appointment procedure and was barred from investigating New York Attorney General Letitia James.”
You can access today’s decision of a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
“Judge Bibas on Opinion Writing: Skip the ‘$5 Words,’ Read More Fiction”: Avalon Zoppo of Law.com has this report.
“‘Not the mastermind’: Donna Adelson appeals conviction in Markel death; She ‘was not the mastermind’ behind the murder-for-hire, a new brief says.” Jeff Burlew of The Tallahassee Democrat has this report.
“Bonus 244: Minnesota v. Abbott; Governor Abbott is refusing to comply with a demand to extradite an ICE officer under criminal indictment in Minnesota; He has no viable legal argument, but may instead be trying to run out the clock.” Steve Vladeck has this post at his “One First” Substack site.
“Let’s Pretend We’re Justices | Interview: Chris Scalia”: You can access the new episode of the “Advisory Opinions” podcast via this link and on YouTube.
“Build First, Ask Questions Later: Trump’s Ballroom Puts Supreme Court in a Bind; The administration says it is too late to unwind the project, even though two courts ruled against it.” James Romoser and Will Hobson of The Wall Street Journal have this report.
“ChatGPT Is a Huge Snitch: Never say anything to AI that you wouldn’t want read aloud in a court of law.” John Herrman has this post at the “Intelligencer” blog of New York magazine.
“How Wall St. Profits When Personal Injury Lawsuits Pay Out; Personal injury cases have exploded, in number and magnitude, funded by companies betting on a win — and offering investors a piece of the action”: Ellen Gabler, Robert Gebeloff, and Julie Tate of The New York Times have this report.
“A Landmark Supreme Court Ruling Is Upending How America Moves Its Goods; The high court’s decision may expose freight brokers to potentially enormous lawsuits, squeeze smaller carriers and drive up the cost of transporting almost everything that ships by truck”: Cailley LaPara and Matthew Griffin of Bloomberg News have this report.
“Tom Goldstein Asks 4th Circuit for Release From Prison During Tax Crime Appeal; The appellate attorney and SCOTUSblog founder says, through counsel, that erroneous jury instructions amounted to a violation of his due process rights and that imprisonment during appeal ‘would effectuate a grave injustice’”: Avalon Zoppo of The National Law Journal has this report.
You can access the court filing at this link.
“DHS Lawyer Faces Ethics Complaint Over ‘Worst’ Judges Posts”: Suzanne Monyak of Bloomberg Law has this report.
“Prosecutors claim Comey posted ‘86 47’ seashell photo to boost book sales; The Justice Department’s motion comes in response to James Comey’s effort to have charges against him dismissed as vindictive prosecution”: Perry Stein of The Washington Post has this report.
“Blanche’s DOJ Deputy Options Risk Renewed Settlement Fund Fight”: Ben Penn of Bloomberg Law has this report.