“A Big Moment for Federalism at the Supreme Court: Boulder’s climate lawsuit would return the U.S. to the era of the Articles of Confederation.” This editorial will appear in Saturday’s edition of The Wall Street Journal.
And at the “Lawfare” blog, James Goodwin and Wendy Wagner have a post titled “The Next Anti-democratic Threat From the Supreme Court: Industry-backed preemption arguments in the climate deception case threaten the federalism safeguards that check an imperial presidency.”
“Jon Kyl’s Impact on Judicial Confirmations; On filibusters, Harriet Miers nomination, and more”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“How My Alleged Political Crime Made It to the Supreme Court — and Trump’s Desk; The long journey from prison to petitioner was often uncertain”: P.G. Sittenfeld will have this essay in Saturday’s edition of The Wall Street Journal.
“With Christa Pike Unconscious, Another Execution Attempt Is in Doubt; Her condition raises questions about whether Tennessee could attempt to execute her again if she is incapable of understanding what is happening”: Emily Cochrane of The New York Times has this report.
“Even Originalists Make Mistakes; An interpretive method disciplines the decision-making process, but it doesn’t free judges of the need to exercise judgment”: This excerpt adapted from Justice Samuel A. Alito Jr.’s new book, “So Ordered: An Originalist’s View of the Constitution, the Court and Our Country,” whose publication date is next Tuesday, will appear in Saturday’s edition of The Wall Street Journal.
“DOJ Wants to Muzzle Judges Who Speak Out About the Rule of Law”: Mark Recktenwald has this essay online at Bloomberg Law.
“How the Supreme Court Caused a Botched Execution in Tennessee; There is a straight line between the high court’s grisly machinations and the horrors that befell Christa Pike in the execution chamber”: Matt Ford has this essay online at The New Republic.
“Trump clashes ahead as new Supreme Court term begins; The president has lost major cases and openly criticized the justices, but he still has a winning record at the court, which will consider his immigration policies and more this term”: Lawrence Hurley of NBC News has this report.
“Finally, You Can Pay Money to Balls & Strikes; What better way to mark the start of a new Supreme Court term than doing your part to make legal journalism less awful?” Jay Willis has this post at his “Balls & Strikes” Substack site.
“Todd Butler’s Problematic Publications; He consistently attacks Justice Scalia, as advancing his ‘own political agenda’”: Josh Blackman has this post at “The Volokh Conspiracy,” along with a related post titled “Todd Butler Compared Street Preacher In Supreme Court Case To ‘Domestic Terrorism’; The case was a dry dispute about jurisdiction; There was no reason to impugn the preacher’s faith.”