The U.S. Senate Judiciary Committee held a hearing on Wednesday on the U.S. Supreme Court’s so-called “shadow docket,” a term that describes the process by which the court issues emergency orders and summary decisions. Committee Chair Sen. Dick Durbin, D-IL, said in his opening statement that the shadow docket is undermining claims that the court is insulated from politics, and is being used for "more political and controversial decisions with results that appear on their face to be ideologically driven." Republicans on the committee said attacks on the court’s practices were “part of a concerted effort to intimidate and bully” the justices. The members also disagreed over the term “shadow docket” itself, the ABA Journal reports. Republicans said the term connotes something dark and scary. A law school professor called to testify before the group said the term is appropriate given the “unpredictable timing,” “lack of transparency” and “usual inscrutability” involved in these decisions.

The U.S. Supreme Court yesterday agreed to hear five new cases during its October term, the Associated Press reports. Among them are a challenge to federal election law brought by Sen. Ted Cruz, R-Texas; an appeal by heirs of a German Jewish woman seeking to recover a valuable painting taken by the Nazis; and a plea by a Christian organization to have its flag displayed at Boston's City Hall. Reuters has a recap of cases the justices previously agreed to consider. Today, the court gathered for a ceremonial swearing-in for Justice Amy Coney Barrett, who was confirmed in October 2000. The ceremony had been postponed due to the pandemic. Justice Brett Kavanaugh did not attend the ceremony due to testing positive for the coronavirus, the court announced today. Currently, he is showing no symptoms of the virus and has been fully vaccinated since January.

The Equal Justice Initiative (EJI) is expanding its Alabama-based Legacy Museum, which focuses on the legacy of slavery in America. The museum, a companion to the group’s well-known memorial to lynching victims, opens today and includes exhibits about the eras of enslavement, lynching and Jim Crow laws, to mass incarceration and modern criminal justice issues that EJI's legal work focuses on. Bryan Stevenson, executive director of EJI and author of Just Mercy, says the goal of the museum is to teach and confront “parts of American history that are not frequently taught," an understanding he says is necessary for the country to move forward and heal. WRCB has more from the Associated Press.

A 25-year employee of Vanderbilt University filed suit against the university this week for discrimination and retaliation on the basis of sex and gender identity and disability, Tennessee Lookout reports. Olivia Ruth Hill claims the university violated Title VII of the 1964 Civil Rights Act, the Americans with Disabilities Act and the Tennessee Human Rights Act. After Hill began transitioning from male to female, her boss allegedly described her as a "trans freak” and used other slurs. Following gender-affirming surgery in 2019, the suit alleges the harassment increased, including hostile and inappropriate comments from coworkers. Hill says she reported the incidents to her superiors but no actions were taken to reprimand the workers engaging in the behavior. Hill was placed on administrative leave in December 2019 and remains on leave today.

The Legal Aid Society of Middle Tennessee and the Cumberlands will hold three clinics next week. On Tuesday, the group will hold a phone clinic at 2 p.m. CDT to provide general advice. The first 15 callers will be accepted. On Wednesday, LAS will hold a clinic specifically for veterans from 11 a.m. to 1 p.m. CDT at Operation Stand Down, 1125 12th Ave. S. Nashville 37203. Finally, next Saturday, a general advice clinic will be held from 8:30-10:30 a.m. CDT at the McHugh Clinic, 2005 12th Ave. S., Nashville, TN 37204. To volunteer for any of these clinics, contact Kendra Cheek, 615-780-7131. See all October clinics.

Make plans now to attend the TBA’s annual Health Law Primer and Forum being offered virtually this year. The Primer, which will run from noon to 4:30 p.m. CDT on Oct. 20, will provide an introduction to health law practice, including an overview of Tennessee law, fraud and abuse fundamentals, licensing and contracting. Then on Oct. 21-22, the annual Health Law Forum will provide a deeper dive into transactions, fraud and abuse, physician discipline, claims coding, HIPAA, recent state court cases, and lessons learned during the COVID-19 pandemic. That program provides 15 hours of CLE credit.

Tennessee Gov. Bill Lee today extended an executive order allowing parents to opt their children out of local school mask mandates through Nov. 5, the Tennessean reports. The move comes despite the fact that his administration faces a federal civil rights investigation and multiple legal challenges against the original order. Executive Order 84, issued on Aug. 16, is set to expire on Oct. 5. It has been temporarily blocked in three counties — Knox, Shelby and Williamson. Lee also announced today that he is calling for a special legislative session on Oct. 18 to deal with “next steps" for the recently-announced Ford vehicle and battery plant at the Memphis Regional Megasite.

A federal jury today found state Sen. Katrina Robinson, D-Memphis, guilty of four counts of wire fraud, The Tennessee Journal reports. The jury deliberated for five hours. After federal Judge Sheryl Lipman dismissed 15 counts that prosecutors had sought to bring against Robinson, the jury was left to consider five: one count of wire fraud related to $2,326 paid to an artist through a booking agent, one count of wire fraud related to $1,158 that went to a wedding makeup artist, and three counts of wire fraud related to fraudulent representations in her 2017, 2018 and 2019 annual performance reports. The jury acquitted Robinson of any wrongdoing with regard to the 2018 report. Sentencing is scheduled for January.

Fourth Judicial District Circuit Judges Jim Gass, Carter Moore, Rex Henry Ogle and Duane Slone jointly announced their candidacy for re-election in 2022, the Newport Plain Talk reports. In a joint statement, the judges said they are proud to serve the people of Cocke, Grainger, Jefferson and Sevier counties, and endorse each others’ re-election. Chancellor Telford Forgerty is not seeking re-election since he is retiring at the end of his current term.

The American Bar Association Commission on Immigration has joined eight other organizations to co-sponsor monthly online clinics to help Haitian immigrants complete applications for temporary protected status. The organizations are seeking volunteer lawyers, paralegals, law students and translators to assist in the effort. The clinics will be held on a Thursday, Friday and Saturday each month. Upcoming events are set for Oct. 21-23 and Nov. 18-20. Training and support is available for all volunteers and work can be done remotely. Sign up here to help.