“Colorado baker fighting ruling over gender transition cake”: Colleen Slevin of The Associated Press has this report.

“Why Black people feel Jackson’s ‘seat at the table’ is ours, too”: Columnist Jonathan Capehart has this essay online at The Washington Post.

“Laurence Silberman, Conservative Touchstone on the Bench, Dies at 86; From his powerful perch on the D.C. appeals court, he voided gun controls and challenged press freedoms but also upheld the Affordable Care Act”: Sam Roberts of The New York Times has written this obituary.

“Judge’s Yale clerk-hiring boycott ‘regrettable,’ conservative colleague says; 5th Circuit Judge Jerry Smith calls Judge James Ho’s Yale boycott ‘regrettable’; Smith says he hopes to receive ‘even more Yale applications’ for clerkships”: Nate Raymond of Reuters has this report.

Irony alert! After graduating from University of Chicago Law School in 1999, James C. Ho clerked for Fifth Circuit Judge Jerry E. Smith.

“Appeals Court Rules Against DACA Immigration Program; Obama-era initiative benefiting young immigrants was unlawful, panel says, but it doesn’t cut off access for current program recipients”: Michelle Hackman of The Wall Street Journal has this report.

Kevin McGill of The Associated Press reports that “Appeals court orders another review of revised ‘DACA.’”

And Ted Hesson of Reuters reports that “U.S. appeals court sends DACA case back to lower court to consider new rules.”

You can access today’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

“Justice Jackson makes waves in first Supreme Court arguments; Justice Ketanji Brown Jackson, the first Black woman on the court, has been a frequent questioner in her first week on the bench”: Lawrence Hurley of NBC News has this report.

Greg Stohr of Bloomberg News reports that “Ketanji Brown Jackson Makes Her Mark Early, Often as US Supreme Court Work Begins; She spoke more than any other justice in term’s first two days; Jackson staked out positions in voting, environmental cases.”

And Joan Biskupic of CNN has a news analysis headlined “How the Supreme Court’s liberal justices sought to shape voting-rights arguments.”

“Convenience Chain Can’t Take Crash Suit Out Of Philly”: Jonathan Capriel of Law360 has this report (subscription required for full access) on a recent non-precedential ruling of the Superior Court of Pennsylvania in a case on which I am appellate counsel for the plaintiffs.

“How the Supreme Court could change the internet as we know it; The court is poised to hear as many as three cases this term about the legal protections social media companies have used to become industry behemoths”: David Ingram of NBC News has this report.

And online at The New Republic, Matt Ford reports that “Big Tech’s Big Shield Goes to the High Court; The Supreme Court is going to get a crack at Section 230 of the Communications Decency Act — and the internet may never be the same.”

“Chief Justice Baer’s Unexpected Death Won’t Shake Pa.’s High Court, Lawyers Say”: Aleeza Furman of The Legal Intelligencer has this news analysis, in which I am quoted.

“The Ex Parte Young Cause of Action: A Riddle, Wrapped in a Mystery, Inside an Enigma.” Fifth Circuit Judge Andrew Oldham and Adam Steene have posted this paper at SSRN.

“Robert Bork Was Conservative Legal Academia’s Original Cancel Culture Guy; Years before the U.S. Senate rejected his Supreme Court nomination, Bork was complaining about the inexorable leftward tilt of law schools everywhere”: David Edmon has this post at Balls and Strikes.

“Supreme Advocate: An Interview With Paul Clement; The former solicitor general shares advice about oral argument, details about his departure from Kirkland, and concerns about the direction of Biglaw.” David Lat has posted the audio and a transcript of his newest podcast episode at his “Original Jurisdiction” Substack site.

“Supreme Court Leans Toward Alabama in Voting Rights Dispute; But several members of the court’s conservative majority rejected the state’s most aggressive arguments in defense of its congressional voting map”: Adam Liptak of The New York Times has this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court’s liberals mount defense of Voting Rights Act, but outcome of challenge is unclear.”

John Fritze of USA Today reports that “Supreme Court delves into Alabama brawl over race, redistricting and Voting Rights Act; Alabama’s position drew a sustained attack from the court’s liberal wing, especially Associate Justices Elena Kagan and Ketanji Brown Jackson.”

Alex Swoyer of The Washington Times reports that “Alabama takes beating from liberal wing of Supreme Court over election map.”

Zach Montellaro and Josh Gerstein of Politico report that “High court seems chilly to ‘race neutral’ reading of Voting Rights Act; Lower federal courts agreed and ordered a redraw of the maps ahead of the November elections; But the nation’s highest court stayed that order and agreed to hear Tuesday’s arguments.”

And Paul Blumenthal of HuffPost reports that “Supreme Court Justices Question Alabama’s Argument To Gut The Voting Rights Act; In Merrill v. Milligan, Alabama asked the court to overturn 40 years of precedent; But both liberal and conservative justices questioned the state’s argument.”

The U.S. Supreme Court has posted online the transcript and the audio of today’s oral argument in Merrill v. Milligan, No. 21-1086.

“Citing Concern for Free Speech, 12 Federal Judges Say They Won’t Take Clerks from Yale Law School”: Aaron Sibarium of The Washington Free Beacon has an article that begins, “A dozen federal judges say they are no longer hiring clerks from Yale Law School, citing a slew of scandals that they say have undermined free speech and intellectual diversity. In addition to Fifth Circuit judge James Ho, who announced on Thursday that he would no longer hire law clerks from the nation’s top-ranked law school, 12 federal judges — both circuit and district court jurists — told the Washington Free Beacon they are joining the boycott.”

The article does not identify any of the 12 judges by name.

“The Supreme Court Seems Awfully Nervous About Its Own Legitimacy”: Columnist Jamelle Bouie has this essay online at The New York Times.

“There Is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory; Such a doctrine would be antithetical to the Framers’ intent, and to the text, fundamental design, and architecture of the Constitution”: Former Fourth Circuit Judge J. Michael Luttig has this essay online at The Atlantic.

“David Beckwith, who scooped Supreme Court on Roe v. Wade, dies at 79; After working as a journalist at Time magazine and the Legal Times, he became a spokesman and adviser for Republican politicians including Dan Quayle”: Harrison Smith of The Washington Post has written this obituary.

“U.S. Supreme Court grants review in crucial attorney-client privilege case”: Alison Frankel’s “On the Case” from Reuters has this post.

“In Memoriam: Judge Laurence H. Silberman (1935-2022); Colleagues and clerks, including Justice Amy Coney Barrett, shared remembrances with me.” David Lat has this post at his “Original Jurisdiction” Substack site.

“Area Man Is Arrested for Parody. The Onion Files a Supreme Court Brief. ‘Americans can be put in jail for poking fun at the government?’ the satirical website asked in a friend-of-the-court brief filed Monday. ‘This was a surprise to America’s Finest News Source.'” Eduardo Medina of The New York Times has this report.

Rachel Pannett of The Washington Post reports that “The Onion files Supreme Court amicus brief defending the right to parody.”

John Fritze of USA Today has an article headlined “‘Tu stultus es.’ The Onion wades into Supreme Court case with legal argument crafted as parody. ‘Americans can be put in jail for poking fun at the government? This was a surprise to America’s Finest News Source,’ The Onion told the nation’s highest court in its brief.”

Adam Ferrise of The Cleveland Plain Dealer reports that “The Onion, mixing jokes with legal arguments, files brief in U.S. Supreme Court backing Parma man who sued after arrest for fake Facebook page.”

Matthew Cantor of The Guardian (UK) reports that “The Onion defends right to parody in very real supreme court brief supporting local satirist; Long-running satirical publication files legal document relating to case of man who was arrested for making fun of police.”

Mark Sherman of The Associated Press has a report headlined “The Onion and the Supreme Court. Not a parody.”

Zoe Tillman of Bloomberg News reports that “The Onion Filed a Brief With the Supreme Court. It’s Not a Joke. Filed amicus brief in support of Ohio man with Facebook page. Billed as most ‘influential organization in human history.’”

And Jared Gans of The Hill reports that “The Onion files amicus brief in support of Ohio man’s Facebook page.”

My earlier coverage of the amicus brief can be accessed here.

“Memorial Service for PA Supreme Court Chief Justice Max Baer”: PCNTV is broadcasting the memorial service live via this link.

“Navigating the waters of the new term”: Mark Walsh has this “A View from the Courtroom” post at “SCOTUSblog.”

“How Florida Voters Could Fire Their Worst Supreme Court Justices In November; How the state’s highest court became packed full of justices who do what their Republican benefactors want”: Matthew Henderson had this post at Balls and Strikes.

“On Day One, Ketanji Brown Jackson Excelled at the Skill Stephen Breyer Never Quite Mastered”: Mark Joseph Stern has this jurisprudence essay online at Slate.

And online at Vox, Ian Millhiser has an essay titled “The Supreme Court appears determined to shrink the Clean Water Act; But it isn’t sure how.”

“On New Term’s First Day, Justices Hear Case on E.P.A. Power Over Wetlands; Justice Ketanji Brown Jackson, in her first Supreme Court argument, vigorously questioned a lawyer challenging the agency’s authority”: Adam Liptak of The New York Times has this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court hears lively debate on protecting wetlands, led in part by Justice Jackson.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Considers Middle Ground on Wetland Protections; Justices raise questions on Clean Water Act, as new member Ketanji Brown Jackson takes part.”

John Fritze of USA Today reports that “Supreme Court kicks off a new term with controversial cases — and a new justice; Associate Justice Ketanji Brown Jackson took part in her first oral argument, repeatedly jumping into a fray over the EPA’s power to oversee the nation’s waters.”

Valerie Richardson of The Washington Times reports that “Supreme Court dives into clash between landowners, feds over wetlands, property rights.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court opens starts new term by hearing case involving Clean Water Act.”

The U.S. Supreme Court has posted online the transcript and the audio of today’s oral argument in Sackett v. EPA, No. 21-454.

“Trump asks court to wait until 2023 to hear special master appeal”: Jeff Mordock of The Washington Times has this report.

“Supreme Court Takes Up Challenge to Social Media Platforms’ Shield; The family of a student killed in terrorist attacks challenged a 1996 law that gives websites immunity for suits based on their users’ posts”: Adam Liptak and David McCabe of The New York Times have this report.

Rachel Lerman of The Washington Post reports that “Fight over social media’s role in terror content goes to Supreme Court; A case involving Google and an Islamic State attack gives the high court a chance to review Section 230, the controversial law that shields websites from liability for users’ posts.”

Jan Wolfe of The Wall Street Journal reports that “Supreme Court to Weigh if YouTube, Twitter, Facebook Are Liable for Users’ Content; Cases over terrorist propaganda on social media open new challenge to internet companies’ immunity under Section 230.”

John Fritze of USA Today reports that “Supreme Court to hear challenge to law that shields internet companies from lawsuits.”

Alex Swoyer of The Washington Times reports that “Supreme Court to review tech companies’ liability under federal law.”

And Bob Egelko of The San Francisco Chronicle reports that “The Supreme Court has steered clear of immunity for tech companies — until now.”

“11th Circuit Rules On Case Seven Years Later, Hours After TPM Story”: Josh Kovensky of Talking Points Memo has this report on an 81-page per curiam decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.

Earlier today, Kovensky had an article headlined “Justice Delayed, Justice Denied: 11th Circuit Fails To Rule On Case For Seven Years; The exclusive story of how a key appeals court left one case languishing for nearly a decade.”

“Ketanji Brown Jackson grabs the spotlight in first Supreme Court session; Unlike some rookie justices, Jackson wasn’t reticent when the court opened session on Monday”: Josh Gerstein of Politico has this report.

“The Onion tells the Supreme Court — seriously — that satire is no laughing matter”: Jessica Schneider of CNN has this report.

The best U.S. Supreme Court amicus brief ever? The Onion | America’s Finest News Source today filed this amicus brief in the U.S. Supreme Court in the case captioned Novak v. City of Parma, Ohio, No. 22-293.

Congratulations to attorneys Stephen J. van Stempvoort and D. Andrew Portinga of Miller Johnson on their accomplishment.

“How SCOTUS Distorts Democracy”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link.

And yesterday’s new episode of the “Divided Argument” podcast is titled “Horse Sausage.”

“The Supreme Court will begin a new term with more contentious cases on its docket”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

“Justice Ketanji Brown Jackson wades into questioning on murky wetlands dispute as Supreme Court opens new term; Justice Ketanji Brown Jackson, the first Black woman to serve on the court is an active questioner in her debut oral argument; The case asks the justices to revisit the scope of the Clean Water Act”: Lawrence Hurley of NBC News has this report.

“Five months later, Supreme Court still investigating who leaked the abortion case; A new Supreme Court term is underway and the identity of the leaker is still unknown”: Brianna Herlihy of Fox News has this report.