Good morning and welcome to Supreme Court Brief! As we wait for the possibility of grants from the justices’ “long conference” on Monday, two former U.S. solicitors general—Kirkland & Ellis’ Paul Clement and Jones Day’s Noel Francisco—offered some thoughts on the “old-new” arguments beginning in the October session. A Clement 5-4 victory last term has fizzled on the ground for PennEast Pipeline. And scroll down as Senate Judiciary Chair Richard Durbin takes on the “shadow docket” in advance of a committee hearing today into the role of that procedural mechanism for handling emergency matters. Thanks for reading. Your feedback is welcome and appreciated. Contact Marcia Coyle at [email protected] and follow her on Twitter @MarciaCoyle.  

Oral Arguments: A “Work in Progress”

The justices on Monday issued guidelines for lawyers arguing in the courtroom during the first three months of the new term, and, not surprisingly, the guidelines reflect the ongoing pandemic.