Good morning and welcome to Supreme Court Brief! The justices' emergency or "shadow" docket keeps them busy during the two-week break between arguments. But the argument docket heats up again after Thanksgiving with challenges involving the Biden administration's immigration enforcement priorities, LGBTQ rights and the First Amendment, and the potential election law blockbuster out of North Carolina. We take a quick look at the law firms that have weighed in on some of the many amicus briefs in the election clause case. Justice Clarence Thomas had some sharp criticism of the Sixth Circuit's handling of federal habeas cases. We have details. Plus, scroll down for some thoughts on how the Supreme Court affected the midterm elections.

Thanks for reading. We welcome feedback and tips. Contact Marcia Coyle at [email protected] and follow her on Twitter @MarciaCoyle. 

The U.S. Supreme Court building in Washington, D.C. September 30, 2022. Photo: Diego M. Radzinschi/ALM

Big Law Weighs In

The Dec. 7 arguments in Moore v. Harper, the case raising the so-called independent state legislature theory, has attracted nearly 70 amicus briefs–not exactly an all-time record but definitely a contender for total amicus briefs in the current term.

Law firms have filed those briefs for individuals and groups across the political spectrum, an indication of the importance of the case and its potential consequences for our democratic process. Under the theory, state legislatures alone have authority over matters relating to federal elections–without review by state courts and state constitutions.