“What Justice Scalia Thought About Whether Presidents Are ‘Officers of the United States’; In a 2014 concurrence and a short letter elaborating on it, Scalia indicated that the president was an ‘officer of the United States’”: Roger Parloff has this post at the “Lawfare” blog.

“First Circuit Allows Some of Mexico’s Claims Against Gun Manufacturers to Move Forward”: William S. Dodge has this post at the “Transnational Litigation Blog.”

“After a Botched Execution, Alabama Is Trying an Untested Method; The state plans to carry out the first U.S. execution via nitrogen hypoxia with Kenneth Smith, who survived an earlier attempt to execute him by lethal injection”: Nicholas Bogel-Burroughs of The New York Times has this report, along with a report headlined “Supreme Court Declines to Stop Nitrogen Execution in Alabama; Both the Supreme Court and a federal appeals court denied stays sought by Kenneth Smith, who is scheduled to die on Thursday in the nation’s first nitrogen gas execution.”

“The Conservative Legal Movement Runs on Perpetual Grievance; The Federalist Society began as a collection of aggrieved law students; Five decades later, its members are still looking for things to get angry about”: Peter Shamshiri has this essay online at Balls and Strikes.

“Supreme Court Justices Must Either Explain Themselves Or Shut Up About ‘Unfair Treatment’; People who cannot be bothered to explain their votes in high-stakes, life-or-death cases are not entitled to the benefit of the doubt”: Jay Willis has this essay online at Balls and Strikes.

And in related commentary, online at Slate, Mark Joseph Stern has a Jurisprudence essay titled “What’s Going On With Brett Kavanaugh?“

“A new Supreme Court case threatens to take away your right to protest; The Fifth Circuit has spent years harassing a civil rights activist, and they gutted much of the First Amendment in the process”: Ian Millhiser has this essay online at Vox.

“New Jersey Supreme Court rules against Ocean casino in COVID business interruption case”: Wayne Parry of The Associated Press has this report on a unanimous ruling that the Supreme Court of New Jersey issued today.

Programming note: On Thursday morning, I will be presenting an oral argument to a yet-to-be-identified panel of the U.S. Court of Appeals for the Fourth Circuit in the second case listed on page 12 of this PDF document (which may or may not correctly reflect the order in which the cases will be argued tomorrow morning). The oral arguments will be streamed live on YouTube beginning at 9:30 a.m. eastern time.

The Brief for Plaintiffs/Appellees that I filed on behalf of my clients in that case can be accessed here. And various other filings in that appeal can be accessed via this link.

I will be traveling back home tomorrow afternoon and evening, so additional posts will not be appearing as frequently as usual here tomorrow.

“Measuring Oral Arguments in the 2023/2024 Term”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

“Miami Law Alumnus Argues Third Case Before the U.S. Supreme Court; The November 2023 appearance arguing before the United States Supreme Court was far from a first for Assistant Federal Public Defender Andrew Adler”: Catharine Skipp of the University of Miami School of Law has this report.

“In showdown over Trump’s eligibility, Biden administration seems to be sitting out; The solicitor general would typically file arguments on an issue of this magnitude — but the upcoming Trump case is a political lightning rod”: Josh Gerstein of Politico has this report.

“Biden administration urges US Supreme Court to reverse abortion pill curbs”: Andrew Chung of Reuters has this report.

You can access the federal government’s merits brief at this link and Danco’s merits brief at this link.

“Texas’ border standoff with feds continues, despite U.S. Supreme Court order; Texas officers are still erecting border wire and some Republicans are calling on Gov. Greg Abbott to defy the high court”: Uriel J. García of The Texas Tribune and Davis Winkie of Military Times have this report.

“High Court to Issue Opinions Before Hearing Trump Ballot Appeal”: Lydia Wheeler of Bloomberg Law has this report (subscription required for full access).

“Talking Dateline: Family Matters.” You can access today’s new episode of the Dateline NBC podcast, about the latest developments in the Dan Markel murder case, via this link.