Petition of the day

By on Jul 29, 2016 at 11:23 pm

The petition of the day is:

15-1537

Issue: (1) Whether, when the Federal Arbitration Act (“FAA”) governs an arbitration, the FAA’s judicial review standards apply in state court and preempt application of different state-law judicial-review standards; and (2) whether, when arbitrators have jurisdiction to resolve a contract dispute, the FAA prohibits a court from holding that they “exceeded their powers” based on the court’s conclusion that their contract interpretation is “plainly” and “irrationally” incorrect on the merits.

Three days after attorneys for a seventeen-year-old transgender student urged the Supreme Court to stay out of the student’s dispute with a Virginia school board, the school board today filed its reply.  It once again urged the Court to block a federal district court’s order that would require schools in Gloucester County, Virginia, to allow “G.G.” – who was assigned the identity of a girl at birth but now identifies as a boy – to use the boys’ restrooms until the case can be litigated on the merits.  (More details on the case are available in my earlier coverage of the board’s first filing and the student’s response.) Continue reading »

Friday round-up

By on Jul 29, 2016 at 10:59 am

Commentary relating to the nomination of Chief Judge Merrick Garland to succeed the late Justice Antonin Scalia comes from Matthew Yglesias at Vox, who suggests that the “most immediate question Democrats will face if they win the White House and Senate will be what to do about” Garland’s nomination; Jay Michaelson at The Daily Beast, who examines how the Senate’s refusal to consider Garland’s nomination may influence voters ahead of the 2016 elections; and Jason Steed, who for his blog, forma legalis, suggests that Republicans may decide to confirm Garland before the elections.

Briefly:

  • For the Northwestern University Law Review Online, Joseph Blocher considers arguments for and against the constitutionality of the death penalty expressed in the Justices’ various opinions last year in Glossip v. Gross, in which the Court upheld Oklahoma’s use of midazolam as the first drug in its lethal injection protocol.
  • The Jewish Telegraphic Agency covers the appearance by Justice Ruth Bader Ginsburg in Venice, where she presided over a mock trial for Shylock and attended the premiere of the first performance of Shakespeare’s The Merchant of Venice in the city’s old Jewish Ghetto.
  • Dani Kass of Law 360 (subscription or registration required) reports on Chief Justice John Roberts’s order on Wednesday clearing the way for a drug manufacturer to move forward with generic versions of certain birth-control drugs.
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Thursday round-up

By on Jul 28, 2016 at 10:51 am

Briefly:

  • For Forbes, George Leef discusses last month’s denial of review in Stormans, Inc. v. Wiesman, in which owners of a Washington pharmacy challenged a state rule requiring pharmacies to sell certain abortifacient drugs.
  • At Medium, Senator Dianne Feinstein calls for Senate Republicans to allow a vote on Chief Judge Merrick Garland’s nomination to the Supreme Court and on twenty other pending judicial nominations.
  • At Empirical SCOTUS, Adam Feldman identifies what he characterizes as “three, somewhat calculated shifts” in the voting patterns of Chief Justice John Roberts.
  • At his eponymous blog, Lyle Denniston reports on an order by Chief Justice John Roberts in a high-stakes generic-drug dispute, which “cleared the way for a maker of generic drugs to sell cheaper versions of two highly profitable birth-control pills that are now sold only under brand names.”
  • Rachel Donadio of The New York Times reports that yesterday Justice Ruth Bader Ginsburg presided over a mock appeal of Shylock and two other characters from Shakespeare’s The Merchant of Venice in Venice’s Scuola Grande di San Rocco.
  • A podcast at Advice and Consent discusses how the Republican and Democratic Parties handled the issue of judicial nominations at their respective conventions, as well as Justice Ruth Bader Ginsburg’s comments on the upcoming presidential election.

Remember, we rely exclusively on our readers to send us links for our round-up.  If you have or know of a recent (published in the last two or three days) article, post, or op-ed relating to the Court that you’d like us to consider for inclusion in the round-up, please send it to roundup [at] scotusblog.com.

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Petition of the day

By on Jul 27, 2016 at 11:23 pm

The petition of the day is:

16-35

Issue: Whether all (or nearly all) law enforcement officers are “public officials” under New York Times Co. v. Sullivan.

Wednesday round-up

By on Jul 27, 2016 at 12:25 pm

Briefly:

  • Writing for this blog, Amy Howe covered yesterday’s filing by attorneys for a transgender student, who urged the Court not to block lower-court rulings that would allow the student, who identifies as a boy, to use the boys’ restroom at a Virginia high school while a dispute over the school board’s bathroom policy is litigated on the merits.
  • At Business Insurance, Stephanie Goldberg reports that Florida workers have asked the Court to review a challenge to the constitutionality of the state’s workers compensation system.
  • At Constitution Daily, Lyle Denniston analyzes election pledges by Democratic candidates to overturn the Court’s decision in Citizens United v. Federal Election Commission, describing them as a “vow that faces considerable odds.”

Remember, we rely exclusively on our readers to send us links for our round-up.  If you have or know of a recent (published in the last two or three days) article, post, or op-ed relating to the Court that you’d like us to consider for inclusion in the round-up, please send it to roundup [at] scotusblog.com.

 

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A Virginia school board has “utterly failed” to show that it will suffer lasting harm if “G.G.,” a seventeen-year-old transgender student, is allowed to use the boys’ restroom until the Supreme Court can rule on the school board’s request to review the dispute on the merits, attorneys for the student told the Court in a filing today. Earlier this month, the Gloucester County school board had asked the Court to block both a federal district court’s preliminary order requiring the board to permit G.G. to use the boys’ restroom and an earlier ruling by a federal appeals court; Chief Justice John G. Roberts had instructed G.G.’s attorneys to respond to the board’s request by tomorrow afternoon.  (I covered the case and the board’s filing in a post for this blog.) Continue reading »

Tuesday round-up

By on Jul 26, 2016 at 7:43 am

In The New York Times, Adam Liptak reports on the Court’s disclosure of “after-the-fact changes to its decisions”; Kent Scheidegger discusses Liptak’s story and the Court’s publication practices more generally at Crime and Consequences.

Briefly:

  • At Cato at Liberty, Ilya Shapiro and Randal John Meyer urge the Court to grant review in a case by a company dubbed “Uber in the sky.”
  • In The National Law Journal, Arthur Bryant argues that, although the Court’s ruling last Term in the class-action case Spokeo v. Robins was “technically . . . a victory for the company,” as a practical matter “it was a huge loss.”
  • At Casetext, David Boyle argues that “if a candidate wants the vote of thinking people, it might be best if that candidate weren’t advocating an amendment diminishing the Supreme Court and overturning Citizens United—especially if the candidate’s name is Hillary Clinton.”

Remember, we rely exclusively on our readers to send us links for our round-up.  If you have or know of a recent (published in the last two or three days) article, post, or op-ed relating to the Court that you’d like us to consider for inclusion in the round-up, please send it to roundup [at] scotusblog.com.

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Petitions of the day

By on Jul 25, 2016 at 11:11 pm

The petitions of the day are:

16-74

Issue: Whether the Employee Retirement Income Security Act of 1974’s church plan exemption applies so long as a pension plan is maintained by an otherwise qualifying church-affiliated organization, or whether the exemption applies only if, in addition, a church initially established the plan.

16-86

Issue: Whether the Employee Retirement Income Security Act of 1974’s church plan exemption applies so long as a pension is maintained by an otherwise qualifying church-affiliated organization, or whether the exemption applies only if, in addition, a church initially established the plan.

Event announcement

By on Jul 25, 2016 at 10:01 am

On August 4 at 12 p.m., the DC Bar will host the next installment of its monthly seminar series on issues and cases before the Court. Andrew Grossman and John Paul Schnapper-Casteras will focus on Fisher v. University of Texas at Austin, last Term’s challenge to the university’s consideration of race in its undergraduate admissions process; this blog’s Amy Howe will serve as the moderator. Additional classes will be held on September 1 and October 6. More information and registration are available for the in-person presentation and the webinar.

 
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