Friday round-up

By on Jul 10, 2015 at 9:02 am

Briefly:

  • At Bloomberg BNA (subscription required), David Faigman contends that the Court’s recent decision in Glossip v. Gross, upholding Oklahoma’s use of midazolam in its lethal injection protocol, demonstrates that the Justices have “little understanding of science and make no effort to connect relevant scientific premises to their constitutional decisions.”
  • At his Election Law Blog, Rick Hasen discusses a recent redistricting decision by the Florida Supreme Court and the effect of the Court’s decision in Arizona State Legislature v. Arizona Independent Redistricting Commission on that decision.

A friendly reminder:  We rely on our readers to send us links for the 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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Thursday round-up

By on Jul 9, 2015 at 10:31 am

Coverage of and commentary on the Court continue to focus on the just-ended Term as a whole.  In the Supreme Court Brief (subscription required), Tony Mauro reports on a study suggesting that the Term as a whole was a “mixed” one for business, while in her column for The New York Times, Linda Greenhouse contends that, “[a]s a mirage in the morning light, the ‘liberal Roberts court’ narrative is now fading.”  Steven Mazie makes a similar observation at The Economist’s Democracy in America blog; he argues that, if “come next spring, affirmative-action admissions policies are found to contravene the 14th Amendment’s equal-protection guarantee, or mandatory union dues are struck down as a violation of free speech, it will be the liberals’ turn to decry the court’s judicial activism while conservatives nod solemnly and announce that the Constitution has been vindicated.”  And the Room for Debate feature of The New York Times looks more broadly at whether the Court has become too powerful.      Continue reading »

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Asked by the Alabama Supreme Court for advice on what to do next on same-sex marriage, two conservative advocacy groups in the state have urged both direct and indirect resistance to the Supreme Court’s ruling mandating a constitutional right for gays and lesbians to wed.  The state court, the groups argued, has the constitutional power to refuse even to accept what the Justices have done, and has a constitutional duty to insulate state officials from legal risk if they do not obey the decision based on a religious objection.

The thirty-three-page brief was filed on Monday by the Alabama Policy Institution, a think tank, and by the Alabama Citizens Action Program, an inter-denominational church support group, which earlier had persuaded the state’s highest court to block all of the state’s sixty-eight probate judges from issuing any marriage licenses to same-sex couples, even though all of them were under an order to do so by a federal judge in Mobile.  Depending on what the state court now does, it could set up a new federal-state collision that potentially could go to the Supreme Court.  Lower federal courts could take direct action against state trial court judges, but only the Supreme Court could review a decision by the Alabama Supreme Court on a federal constitutional issue.

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In 1962, University of Virginia Law School professor A.E. Dick Howard clerked for Justice Hugo Black, and he has been a close observer of the Court ever since.  In a recent article, The Changing Face of the Supreme Court, Professor Howard describes how the Supreme Court has evolved over the last fifty-three years, providing the long view on an institution that is both timeless and ever changing.

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Wednesday round-up

By on Jul 8, 2015 at 8:56 am

Briefly:

  • Writing for Greenwire, Jeremy Jacobs reports that the “Obama administration is coming off its most successful term at the Supreme Court in several years with one notable exception: environmental and property rights cases.”
  • At his eponymous blog, Lyle Denniston reports that the en banc D.C. Circuit unanimously “rejected a new constitutional challenge to the seventy-five-year-old ban on political contributions by” federal contractors.
  • In dueling op-eds for The Washington Times, Steve Vladeck and John Yoo debate the role of the Court and separation of powers.

A friendly reminder:  We rely on our readers to send us links for the 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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Event announcement

By on Jul 7, 2015 at 11:20 am

On Thursday at 2 p.m., the Constitution Project will host its Term recap at the Rayburn House Office Building. Steve Vladeck will lead the discussion. For more information, and to RSVP, visit the Constitution Project’s website.

 
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Event announcement

By on Jul 7, 2015 at 9:43 am

On July 8, the Law and Economics Center at George Mason will host a “wrap-up” of the Court’s energy and environment docket from the October Term 2014.

The event will take place at the National Press Club and will also be available in a live stream. For more information and to register, visit George Mason’s website.

 
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Tuesday round-up

By on Jul 7, 2015 at 9:07 am

End-of-Term overviews come from Nina Totenberg of NPR, who describes the October Term 2014 as a “historic term, a surprisingly liberal term – and a nasty term.”  And C-Span has video of a panel featuring a group of Supreme Court reporters discussing the just-ended Term and making predictions for next year.

Other coverage of and commentary on the Court focus on criticism of the Court by Republican presidential candidates.  At Yahoo! News, staff of the National Constitution Center discuss calls by Mike Huckabee for term limits, while Katie Zezima of The Washington Post reports on Ted Cruz’s advocacy for judicial retention elections. Continue reading »

 
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Monday round-up

By on Jul 6, 2015 at 10:52 am

End-of-Term overviews continue to pour in.  Adam Liptak discusses the Term in an interview on NPR’s Fresh Air, in which he notes that, although political scientists will say that the just-ended Term was a “liberal Term for the ages,” all of that could change next Term.  In The National Law Journal (subscription or registration required), Marcia Coyle and Tony Mauro observe that several of the Court’s high-profile decisions “revealed deep divisions among the justices – not just between the left and right sides of the bench, but often within the Court’s conservative wing.”  Lawrence Hurley of Reuters looks at the Obama administration’s Term (with a graphic), describing it as one in which the administration “wins big and loses small.”    Continue reading »

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This week at the Court

By on Jul 5, 2015 at 12:01 am

The Court is in summer recess.

 
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