Monday round-up

Monday round-upToday the court hears oral argument in two cases. The first is Advocate Health Care Network v. Stapleton (consolidated with two other related cases), which asks whether the Employee Retirement Income Security Act’s exemption for church plans applies to pension plans maintained by church-affiliated organizations. Ronald Mann previewed the case for this blog. Emily Rector […]

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Monday round-up

Today the court hears oral argument in two cases. The first is Advocate Health Care Network v. Stapleton (consolidated with two other related cases), which asks whether the Employee Retirement Income Security Act’s exemption for church plans applies to pension plans maintained by church-affiliated organizations. Ronald Mann previewed the case for this blog. Emily Rector and Kimberly Petrick preview the case for Cornell University Law School’s Legal Information Institute. At his eponymous blog, Ross Runkel also looks at the case, noting that it “could possibly up-end thirty years of administrative interpretations that have granted a church plan exemption even though a plan was not initially established by a church – so long as it is maintained by an otherwise qualifying organization that is associated with or controlled by a church.” Today’s second argument is in TC Heartland LLC v. Kraft Food Brands Group LLC, in which the justices will consider the rules governing the venue in which patent infringement lawsuits can be filed. Ronald Mann had this blog’s preview. Nicholas Halliburton previews the case for Cornell.

Last week the Senate Judiciary Committee wrapped up its hearing on the nomination of Judge Neil Gorsuch to the Supreme Court. Coverage comes from David Savage in the Los Angeles Times, Nina Totenberg at NPR, and Robert Barnes in The Washington Post. NPR also offered a special podcast analyzing the hearing. Commentary comes from William Marshall at ACS Blog, Mark Kende at ACS Blog, Ken Jost at Jost on Justice, Kent Scheidegger at Crime and Consequences, Allen Ides in The Sacramento Bee, Amy Vitale in an op-ed at The Hill, Jeffrey Toobin in The New Yorker, the editorial board of the Los Angeles Times, Stephen Henderson in the Detroit Free Press, William Astore in The Huffington Post, Tony May in an op-ed for Penn Live, Philip Martin in an op-ed at ArkansasOnline, Paul Rosenberg at Salon, Ken Cline in an op-ed in the Portland Press-Herald, Ira Chernus in an op-ed in The Denver Post, and Lucia Graves in The Guardian.

Last Wednesday, the court issued a unanimous decision in Endrew F. v. Douglas County School District, holding that the Individuals with Disabilities Education Act requires a school to offer an “individualized education program” reasonably calculated to allow the student to progress appropriately in light of the child’s circumstances. The ruling, which overturned as too low a standard Gorsuch had applied in a 2008 IDEA case, came as Gorsuch was discussing the prior case during his confirmation hearing. Coverage of the decision and its ripple effect at the hearing comes from Anya Kamenetz and Cory Turner at NPR, John Aguilar and Mark Matthews in The Denver Post, Richard Perez-Pena in The New York Times, Lauren Camera in U.S. News and World Report, Patrick Reilly in The Christian Science Monitor, Caitlin Emma at Politico, Laura McKenna in The Atlantic, Emily Willingham in Forbes, Cristian Farias in The Huffington Post, Tessa Berenson in Time, and Liz Goodwin at Yahoo News. Commentary comes from Eleanor Sheehan at popsugar.

At Education Week, Mark Walsh reports on the court’s decision on Wednesday in Star Athletica, LLC v. Varsity Brands, Inc., which held that a feature of a useful article is copyrightable if it can be perceived as a separately protectable work, observing that the ruling gives “a V for victory to the dominant provider of cheerleader uniforms for schools, colleges, and spirit teams, ruling that some of its uniform designs were protected under federal copyright law.” Another look at the case comes from Patrick Hughes at Westlaw Journal Intellectual Property.

At Lock Law Blog, Ryan Lockman discusses Lee v. United States, an ineffective assistance of counsel case in which the lower court held that the defendant could not prove that he was prejudiced by his attorney’s erroneous advice to plead guilty, which resulted in mandatory deportation, because the evidence of his guilt was overwhelming, noting that at “issue is not just Lee’s fate, but also the Court’s view of the state of plea bargaining in this country.” At The Huffington Post, Manny Vargas weighs in on the case, arguing that all “Mr. Lee asks of the Court is that it reopen his criminal case so that it can be resolved properly and fairly based on correct information regarding the critical immigration implications for him of different possible dispositions of his case.”

Briefly:

  • At Bloomberg BNA, John Henry Stam reports on last week’s oral argument in Murr v. Wisconsin, in which the justices will decide what constitutes the “parcel as a whole” for the purpose of regulatory takings analysis, noting that “Justice Anthony M. Kennedy again appears to be the swing vote in a divided court.”
  • At Vinson & Elkins’ Lincoln’s Law Blog, Ralph Mayrell and John Elwood look at a pending cert petition in a False Claims Act case that asks whether relators can avail themselves of a statute of limitations tolling provision when the government has declined to intervene in the case.
  • At Written Description, Lisa Ouellette offers some “thoughts on the policy tradeoffs” at play in Impression Products, Inc. v. Lexmark International, Inc., a case that was argued last week in which the court considered the scope of the patent exhaustion doctrine; she notes that given “the relatively cold bench, it is difficult to predict where the Court will end up.”

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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Friday round-up

Friday round-upYesterday the Senate Judiciary Committee wrapped up its hearing on the nomination of Judge Neil Gorsuch to the Supreme Court. A round-up of early coverage of and commentary on the proceedings, including the possibility of a filibuster by Democratic senators, appeared in this blog. Additional coverage comes from Nina Totenberg at NPR, Ken Jost at […]

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Friday round-up

Yesterday the Senate Judiciary Committee wrapped up its hearing on the nomination of Judge Neil Gorsuch to the Supreme Court. A round-up of early coverage of and commentary on the proceedings, including the possibility of a filibuster by Democratic senators, appeared in this blog. Additional coverage comes from Nina Totenberg at NPR, Ken Jost at Jost on Justice, Tierney Sneed at Talking Points Memo, Tony Mauro in The National Law Journal (registration or subscription required), and Mark Walsh in Education Week. Commentary comes from Kimberly Strassel in The Wall Street Journal, the editorial board of The New York Times, We the People (podcast), Dean Obeidallah at The Daily Beast, Sarah Posner in The Washington Post, and Tony Francois at the Pacific Legal Foundation’s Liberty Blog.

On Wednesday, the court heard oral argument in two cases. The first was County of Los Angeles v. Mendez, a Fourth Amendment case stemming from a police search that resulted in a shooting. Rory Little analyzes the argument for this blog. Wednesday’s second argument was in Water Splash v. Menon, which involves service of process under the Hague Service Convention. Charlotte Garden has this blog’s argument analysis.

Also on Wednesday, the court issued a unanimous decision in Endrew F. v. Douglas County School District, holding that the Individuals with Disabilities Education Act requires a school to offer an “individualized education program” reasonably calculated to allow the student to progress in the child’s circumstances. Amy Howe analyzes the opinion for this blog. Additional coverage comes from Carolyn Thompson and Sam Hananel at the Associated Press, who report that the “court’s decision to require a more demanding test for progress has major implications for about 6.4 million disabled students who want to advance in school and rely on special programs to make that happen.” At his eponymous blog, William Goren also looks at the decision, and concludes that it “will fundamentally change the way many school districts, hearing officers, and special education attorneys on both sides of the aisle go about their business.”

At Education Week, Mark Walsh reports on the court’s decision on Wednesday in Star Athletica, LLC v. Varsity Brands, Inc., which held that a feature of a useful article is copyrightable if it can be perceived as a separately protectable work, observing that the ruling gives “a V for victory to the dominant provider of cheerleader uniforms for schools, colleges, and spirit teams, ruling that some of its uniform designs were protected under federal copyright law.” Another look at the case comes from Patrick Hughes at Westlaw Journal Intellectual Property.

Briefly:

  • At Yahoo Finance, Roger Parloff discusses TC Heartland LLC v. Kraft Food Brands Group LLC, in which the justices will consider the rules governing the venue in which patent infringement lawsuits can be filed, noting that in “light of the Federal Circuit’s dismal past record in Supreme Court appeals, the fact that its patent venue rule is in tension with two prior Supreme Court precedents, and the fact that that rule has spawned and perpetuated a longstanding scandal, the TC Heartland ruling could well bring some serious reform to the patent litigation landscape.”
  • At The Interdependent Third Branch, Jordan Singer looks at a recent survey of “more than 1000 likely voters, concerning their knowledge of and attitudes about the United States Supreme Court,” concluding that although survey “respondents reported very high interest in the Court generally,” “actual familiarity with the Court and its members is middling at best,” and “only 38% of respondents thought that recent decisions demonstrate that the Court acts in a serious and constitutionally sound manner.”
  • At the eponymous blog of the law firm Ogletree Deakins, Hera Arsen looks at the court’s decision in National Labor Relations Board v. SW General, Inc., in which the court held that someone nominated for a Senate-confirmed position may not serve in that position in an acting capacity.

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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Afternoon round-up: Day four of Judge Gorsuch’s confirmation hearing

Afternoon round-up: Day four of Judge Gorsuch’s confirmation hearingToday the Senate Judiciary Committee conducted the fourth and final day of its hearing on Gorsuch nomination, which featured testimony of witnesses for and against the nomination. Coverage of the hearing comes from Matt Flegenheimer and others in The New York Times, Seung Min Kim and Josh Gerstein at Politico, Rebecca Wilhelm at Bloomberg BNA, […]

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Afternoon round-up: Day four of Judge Gorsuch’s confirmation hearing

Today the Senate Judiciary Committee conducted the fourth and final day of its hearing on Gorsuch nomination, which featured testimony of witnesses for and against the nomination. Coverage of the hearing comes from Matt Flegenheimer and others in The New York Times, Seung Min Kim and Josh Gerstein at Politico, Rebecca Wilhelm at Bloomberg BNA, who focuses on Gorsuch’s views on Chevron deference, Benjamin Wermund at Politico, and Lisa Soronen at the National Conference of State Legislatures blog, who writes about what Gorsuch had to say about issues affecting state and local governments, Commentary comes from Andrew Cohen in Esquire, Ilya Shapiro in the Washington Examiner, Tara Helfman in Commentary, Lori Ringhand and Paul Collins at The Washington Post’s Monkey Cage, who argue that all justices, including Gorsuch, should be limited to 18-year terms,

Senate Minority Leader Chuck Schumer announced today that he will oppose Gorsuch’s nomination and will urge his Democratic colleagues to do the same, opening the door to a filibuster. Amy Howe reports on Schumer’s statement for this blog. Additional coverage comes from Kevin Freking and Mark Sherman at the Associated Press, Lawrence Hurley and Andrew Chung at Reuters, Ariane de Vogue at CNN, Charlie Savage, Matt Flegenheimer and Adam Liptak in The New York Times, Richard Wolf at USA Today, Elana Schor at Politico, and Ed Keefe, Robert Barnes and Ann Marimow in The Washington Post. Commentary on the prospect of a filibuster comes from James Downie in The Washington Post.

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Thursday round-up

Thursday round-upYesterday the court heard oral argument in two cases. The first was County of Los Angeles v. Mendez, a Fourth Amendment case stemming from a police search that resulted in a shooting. Ryan Lockman discusses the case in an interview on WNYC’s The Takeaway. Yesterday’s second argument was in Water Splash v. Menon, which involves service […]

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Thursday round-up

Yesterday the court heard oral argument in two cases. The first was County of Los Angeles v. Mendez, a Fourth Amendment case stemming from a police search that resulted in a shooting. Ryan Lockman discusses the case in an interview on WNYC’s The Takeaway. Yesterday’s second argument was in Water Splash v. Menon, which involves service of process under the Hague Service Convention.

The court also issued three opinions yesterday. In Czyzewski v. Jevic Holding Corporation, the court held 6-2 that structured bankruptcy dismissals must follow priority rules unless creditors consent. Daniel Bussel analyzes the opinion for this blog. At his eponymous blog, Ross Runkel writes that in “sweeping terms, the Court rejected the notion that there could be ‘rare cases’ in which courts could find ‘sufficient reasons’ to disregard priorities,” and warns that all “bankruptcy lawyers will need to pay close attention to this case.” In Star Athletica, LLC v. Varsity Brands, Inc., a 6-2 court held that a feature of a useful article is copyrightable if it can be perceived as a separately protectable work. Ronald Mann has this blog’s opinion analysis. In The National Law Journal (subscription or registration required), Tony Mauro reports that the opinion “included four pages of colored drawings and photographs—three of them inserted by dissenting Justice Stephen Breyer—as well as 10 pages of reproduced copyright registration forms,” noting that the court “rarely illustrates its decisions,” but that “when it does, the images can draw criticism as shiny distractions that distort or confuse the facts of the case.”

In Endrew F. v. Douglas County School District, a unanimous court ruled that the Individuals with Disabilities Education Act requires a school to offer an “individualized education program” reasonably calculated to allow the student to progress in the child’s circumstances. Coverage of the decision comes from Emma Brown and Ann Marimow in The Washington Post, who report that the court “raised the bar for the educational benefits owed to millions of children with disabilities in one of the most significant special-education cases to reach the high court in decades.” In The Wall Street Journal, Jess Bravin reports that although “the specific decision overruled was decided in 2015, the phrase the justices rejected derives from a 2008 ruling by Judge Neil Gorsuch, President Donald Trump’s Supreme Court nominee, who had been defending that very decision at a Senate Judiciary Committee hearing when word of Chief Justice Roberts’s opinion reached the Hart Senate Office Building.” At Education Week, Mark Walsh covers the decision, and its ripple effect at the Gorsuch hearing, here and here. At Syracuse Law, Arlene Kantor discusses the decision, concluding that because the court has put “school districts (and lower courts)” “on notice that it is not simply pre-Endrew business as usual,” the decision is “a step forward – not a huge step, but one that moves us forward, nonetheless.” Jim Gerl takes a close look at the decision at the Special Education Law Blog.

Yesterday the Senate Judiciary Committee conducted the third day of its hearing on the Gorsuch nomination. Andrew Hamm collected early coverage of and commentary on the proceedings for this blog. Additional coverage comes from Nina Totenberg at NPR, Richard Wolf of USA Today here and here, Adam Liptak, Charlie Savage, Matt Flegenheimer and Carl Hulse in The New York Times, Jess Bravin in The Wall Street Journal, Henry Gass in The Christian Science Monitor, Ken Jost at Jost on Justice, Tony Mauro in The National Law Journal (subscription or registration required), and Andrew Rafferty at NBC News. Commentary comes from the editorial board of The Washington Post, E.J. Dionne at The Washington Post, Michelangelo Signorile at The Huffington Post, Paul Collins and Lori Ringhand at Slate, Seth Davis at PrawfsBlawg, Rick Hasen at the Election Law Blog, and Carolyn Shapiro at the ACS Blog.

Briefly:

  • At the Cato Institute’s Cato at Liberty blog, Thomas Berry discusses Tuesday’s decision in National Labor Relations Board v. SW General, Inc., in which the court held that someone nominated for a Senate-confirmed position may not serve in that position in an acting capacity, calling the ruling “a double victory, both for the separation of powers between the president and Senate and for textualism.”

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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Afternoon round-up: Day three of Judge Gorsuch’s confirmation hearing

Afternoon round-up: Day three of Judge Gorsuch’s confirmation hearingToday the Senate Judiciary Committee is holding the third day of its hearing on the nomination of Judge Neil Gorsuch to the Supreme Court. Early coverage of today’s proceedings, which has so far featured round two of the senators’ questioning and will feature a third round this evening, comes from Adam Liptak, Charlie Savage, Matt […]

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Afternoon round-up: Day three of Judge Gorsuch’s confirmation hearing

Today the Senate Judiciary Committee is holding the third day of its hearing on the nomination of Judge Neil Gorsuch to the Supreme Court. Early coverage of today’s proceedings, which has so far featured round two of the senators’ questioning and will feature a third round this evening, comes from Adam Liptak, Charlie Savage, Matt Flegenheimer and Carl Hulse of The New York Times, Lawrence Hurley and Andrew Chung of Reuters, various contributors at NPR, Elise Viebeck, Robert Barnes and Ed O’Keefe of The Washington Post, Mark Sherman and Erica Werner of the Associated Press, Richard Wolf of USA Today, Seung Min Kim and Josh Gerstein of Politico, Debra Cassens Weiss of the ABA Journal, Matt Ford of The Atlantic and Ashley Killough of CNN.

Commentary on the hearings comes from Ilya Shapiro for Washington Examiner, Elizabeth Wydra for The Huffington Post, J. Douglas Smith for The Daily Beast, Lisa Keen of Keen News Service, Jonathan Bernstein at Bloomberg, the editorial board of USA Today and Ronald Cass at USA Today. Ian Millhiser of ThinkProgress discusses the court’s ruling this morning in Endrew F. v. Douglas County School District, which overturned a decision by the U.S. Court of Appeals for the 10th Circuit that employed a legal standard Gorsuch had applied in a previous 10th Circuit opinion.

Damon Root of Reason’s Hit & Run Blog and Ilya Shapiro and Frank Garrison for the Cato Institute look at aspects of Gorsuch’s jurisprudence.

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Wednesday round-up

Wednesday round-upThis morning the court will hear oral argument in two cases. The first is County of Los Angeles v. Mendez, a Fourth Amendment case stemming from a police search that resulted in a shooting. Rory Little previewed the case for this blog. At Cornell University Law School’s Legal Information Institute, Laurel Hopkins and Eugene Temchenko also provide a […]

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Wednesday round-up

This morning the court will hear oral argument in two cases. The first is County of Los Angeles v. Mendez, a Fourth Amendment case stemming from a police search that resulted in a shooting. Rory Little previewed the case for this blog. At Cornell University Law School’s Legal Information Institute, Laurel Hopkins and Eugene Temchenko also provide a preview.

The second case on the argument docket is Water Splash v. Menon, which involves service of process under the Hague Service Convention. Charlotte Garden had this blog’s preview. Cassandra Desjourdy and Weiru Fang preview the case for Cornell. At Letters Blogatory, Ted Folkman predicts a unanimous ruling for Water Splash, because its reading of the relevant provision “is at least a permissible reading,” and because “it is the reading of all the other parties to the Convention and of the Executive Branch.”

Yesterday the court heard argument in two cases. In Microsoft v. Baker, the justices considered the options available for plaintiffs when a district court determines that a case is not suited for adjudication as a class action. Ronald Mann analyzes the argument for this blog. At Mayer Brown’s Class Defense blog, Archis Parasharami discusses the case, arguing that “an approach to appellate jurisdiction that gives only one side (plaintiffs and their counsel) the ability to secure an immediate appeal at will would unfairly increase the already outsized leverage that plaintiffs have in class-action litigation.”

In Impression Products, Inc. v. Lexmark International, Inc., the court looked at the scope of the patent exhaustion doctrine. Ronald Mann has this blog’s argument analysis. In an op-ed at Bloomberg, Aaron Perzanowski and Jason Schultz argue that unlike “most patent cases, this one directly affects the daily lives of nearly every American,” asserting that “Lexmark is attempting to use patent law to construct something resembling customer loyalty” and that the “Supreme Court should reject that power grab.” In a Wall Street Journal op-ed, Daniel Hamel and Lisa Larrimore Ouellette maintain that the case is essentially “about price discrimination, the practice of charging higher prices to customers who likely can pay more and offering discounts to those who cannot,” and they urge the justices to “consider what their decision might mean for consumers beyond the U.S.—and especially in developing countries—who will feel the weight of the court’s judgment.”

Yesterday the court also issued three opinions. First, in Manuel v. City of Joliet, the court held 6-2 that an arrestee can challenge his pretrial detention under the Fourth Amendment when the criminal charges are based on false information. Rory Little has this blog’s opinion analysis. In SCA Hygiene Products v. First Quality Baby Products, the justices ruled 7-1 that the common law defense of laches does not apply to a patent infringement suit for damages brought within the statutory limitations period. Ronald Mann analyzes the opinion for this blog. Howard Newman discusses the ruling at his eponymous law firm’s blog. And in National Labor Relations Board v. SW General, Inc., the court held 7-2 that someone nominated for a Senate-confirmed position may not serve in that position in an acting capacity. Amy Howe analyzes the opinion for this blog. In The Washington Post, Ann Marimow covers the decision, noting that the court’s holding makes it “more difficult for the president to quickly fill vacant top government jobs.” Additional coverage comes from Sam Hananel at the Associated Press. At his eponymous blog, Ross Runkel notes that hundreds “of NLRB decisions could be at risk after the Supreme Court’s decision that for three years Lafe Solomon served improperly as the NLRB’s Acting General Counsel.”

Yesterday the Senate Judiciary Committee conducted the second day of its hearing on the nomination of Judge Neil Gorsuch to the Supreme Court. Molly Runkle rounds up early coverage of and commentary on the proceedings for this blog. Additional coverage comes from Adam Liptak in The New York Times, Carl Hulse in The New York Times, Glenn Thrush in The New York Times, Robert Barnes and Ed O’Keefe in The Washington Post, Peter Kane in The Washington Post, Ariane de Vogue at CNN, Richard Wolf at USA Today, here and here, Mark Walsh at Education Week’s School Law Blog, here and here, Ken Jost at Jost on Justice, and Tony Mauro in The National Law Journal (subscription or registration required), who focuses on Neil Katyal’s decision to introduce Gorsuch.

Commentary on and analysis of the hearings comes from Richard Eskow at OurFuture, William Yeomans at ACSBlog, Adam Winkler, also at ACS Blog, Advice and Consent (podcast), David Fontana at Prawfsblawg, Christopher Ingraham in The Washington Post, Jay Michaelson in The Daily Beast, Robert Schlesinger at US News and World Report, Paul Callan at CNN, and Sen. Tom Harkin and Eve Hill in the Des Moines Register, At Empirical SCOTUS, Adam Feldman analyzes “various linguistic aspects of some senior senators’ preliminary remarks from recent confirmation hearings” and suggests that the trends he identifies may become “even more pronounced in the Gorsuch hearings.”

On Monday, the justices heard oral argument in Murr v. Wisconsin, in which they will decide what constitutes the “parcel as a whole” for the purpose of regulatory takings analysis. Miriam Seifter analyzes the argument for this blog. At The Washington Post’s Volokh Conspiracy blog, Ilya Somin worries that if “the oral argument is any indication, the case might well result in a muddled ruling that fails to provide clear guidance for either government regulators or property owners.”

Briefly:

  • In the American Bar Association’s Litigation magazine, Ashish Joshi interviews Justice Stephen Breyer about Breyer’s recent book, “The Court and the World,” exploring Breyer’s premise that judicial “isolationism in an interconnected world is not the way forward.”
  • At The George Washington Law Review’s On the Docket, Cynthia Lee looks at the court’s decision in Peña-Rodriguez v. Colorado, in which the justices held that evidence that a juror relied on racial animus to convict a criminal defendant trumps a Colorado no-impeachment rule, remarking that as “a vehicle for minimizing racial bias,” “the case may be of limited value in light of the fact that most bias today is implicit, not explicit.”

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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Afternoon round-up: Day two of Judge Gorsuch’s confirmation hearing

Afternoon round-up:  Day two of Judge Gorsuch’s confirmation hearingToday the Senate Judiciary Committee held the second day of its hearing on the nomination of Judge Neil Gorsuch to the Supreme Court. Early coverage of today’s proceedings, which featured round one of the senators’ questioning, comes from Nina Totenberg of NPR, who is also commenting live here, Matt Flegenheimer, Adam Liptak, Carl Hulse and […]

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Afternoon round-up:  Day two of Judge Gorsuch’s confirmation hearing

Today the Senate Judiciary Committee held the second day of its hearing on the nomination of Judge Neil Gorsuch to the Supreme Court. Early coverage of today’s proceedings, which featured round one of the senators’ questioning, comes from Nina Totenberg of NPR, who is also commenting live here, Matt Flegenheimer, Adam Liptak, Carl Hulse and Charlie Savage of The New York Times, Lawrence Hurley and Andrew Chung of Reuters, Greg Stohr and Laura Litvan of Bloomberg, Ed O’Keefe, Robert Barnes and Sean Sullivan of The Washington Post, Erica Werner and Mark Sherman of the Associated Press, as well as Jeff Donn, Andrew Rafferty of NBC News, Alexander Bolton and Lydia Wheeler of The Hill, Richard Wolf of USA Today, Zoe Tillman of Buzzfeed, Seung Min Kim and Josh Gerstein of Politico, Debra Cassens Weiss of ABA Journal, Matt Ford of The Atlantic, Ian Hanchett of Breitbart, Tierney Sneed of Talking Points Memo, as well as Esme Cribb, Judson Berger of Fox News, and Ashley Killough and Ariane de Vogue of CNN.

Commentary comes from Garrett Epps for The Atlantic, J. Bishop Grenwell for the National Review, Emily Martin for U.S. News, Ilya Shapiro for the Washington Examiner, Jay Wexler for McSweeney’s, Erwin Chemerinsky for NY Daily News, Jed Handelsman Shugerman for Slate, as well as Mark Joseph Stern, who has a separate post here, Christina Cauterucci, and Dahlia Lithwick. Additional commentary comes from Allegra Chapman for U.S. News, Sarah Posner for The Washington Post, Marjorie Cohn for Truthout, Todd A. Cox for Medium, Brady Zadrozny for The Daily Beast, Rick Pildes for Balkinization, Corey Brettschneider for The New York Times, Paul Kane for The Washington Post, Paul Callan of CNN,  Emily Crockett of Vox, as well as Sean Illing, Steven Ertelt of LifeNews, and Ian Millhiser of ThinkProgress.

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Tuesday round-up

Tuesday round-upThis morning the court hears oral argument in two cases. The first is Microsoft v. Baker, in which the justices will consider the options available for plaintiffs when a district court determines that a case is not suited for adjudication as a class action. Ronald Mann previewed the case for this blog. At Cornell University […]

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Tuesday round-up

This morning the court hears oral argument in two cases. The first is Microsoft v. Baker, in which the justices will consider the options available for plaintiffs when a district court determines that a case is not suited for adjudication as a class action. Ronald Mann previewed the case for this blog. At Cornell University Law School’s Legal Information Institute, Liza Carens and Jenna Scoville also provide a preview. The second case on the argument docket is Impression Products, Inc. v. Lexmark International, Inc., which involves the scope of the patent exhaustion doctrine. Ronald Mann had this blog’s preview. Michele Korkhov and Anna Marienko preview the case for Cornell. At Fortune, Jeff John Roberts provides a “plain English guide to what you need to know about the case,” noting that it “carries profound implications for retailers and resellers across the U.S. economy.”

Yesterday the court heard argument in Murr v. Wisconsin, in which the justices will decide what constitutes the “parcel as a whole” for the purpose of regulatory takings analysis. Coverage of the case comes from Bruce Vielmetti in USA Today and Sam Hananel at The Associated Press. In an op-ed in The Wall Street Journal, Roger Pilon points out that lawyers “often liken property to a ‘bundle of sticks’ to describe the countless legitimate uses that can be made of it, and argues that courts “should not wait for the last stick to be taken, and all value wiped out, before requiring compensation under the Fifth Amendment.” The second argument yesterday was in Howell v. Howell, a dispute between a divorced couple over the wife’s share of the husband’s military retirement pay. Amy Howe analyzes the argument for this blog.

Howard Fischer of Capitol Media Services (via the Arizona Capitol Times) reports that the court denied review yesterday of a Republican equal protection challenge to “Tucson’s unusual method of electing council members.” At Politico, John Bresnahan reports that the court also “rejected Sen. Bob Menendez’s attempt to throw out the bribery and corruption charges against him, setting the stage for a trial for the New Jersey Democrat this fall.”

Yesterday the Senate Judiciary Committee began its hearing on the nomination of Judge Neil Gorsuch to the Supreme Court. Andrew Hamm rounds up early coverage of the hearing for this blog. At USA Today, Richard Wolf covers the day’s proceedings and highlights “five things to watch for during the next three days.” Additional coverage comes from Jess Bravin in The Wall Street Journal, who remarks that “senators’ opening statements made clear it would be nigh impossible to divorce Judge Gorsuch” “from the deeply divisive circumstances surrounding his nomination by President Trump.” At Jost on Justice, Ken Jost notes that Gorsuch presented himself as “a consensus-minded judge, devoted to the law, free of partisan or ideological bias, and steeped in family, faith, and the common-sense goodness of his native Colorado,” but that “Democratic senators made clear they are smarting from the Republicans’ refusal to hold hearings last year to consider the veteran judge Merrick Garland as President Obama’s nominee to fill the vacancy left by the death of Justice Antonin Scalia.”

At Education Week’s School Law blog, Mark Walsh reports on Gorsuch’s assertion in his opening statement that “he has ruled for students with disabilities and sometimes has ruled against them based not on their personal stories but on the legal issues before him.” At E&E News (subscription or registration required), Ellen Gilmer notes that “Gorsuch will bring an uncommon skill set to the bench if confirmed: broad experience in American Indian law,” and that tribal “groups are hopeful that Gorsuch’s background will bode well for future cases involving Indian Country.”

Briefly:

  • The World and Everything in It features discussions of Dean v. United States, in which the justices will decide whether mandatory statutory gun-sentencing provisions may limit a district court’s discretion under the advisory sentencing guidelines, and Manrique v. United States, which asks whether an appellate court can consider a challenge to the amount of a restitution award as part of an appeal of the underlying sentence.

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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Afternoon round-up: First day of Judge Gorsuch’s confirmation hearing

Afternoon round-up: First day of Judge Gorsuch’s confirmation hearingToday the Senate Judiciary Committee held the first day of its hearing on the nomination of Judge Neil Gorsuch to the Supreme Court. Early coverage of today’s proceedings, which featured opening statements by senators and the nominee, comes from Matt Flegenheimer, Carl Hulse, Charlie Savage and Adam Liptak of The New York Times, Lawrence Hurley […]

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Afternoon round-up: First day of Judge Gorsuch’s confirmation hearing

Today the Senate Judiciary Committee held the first day of its hearing on the nomination of Judge Neil Gorsuch to the Supreme Court. Early coverage of today’s proceedings, which featured opening statements by senators and the nominee, comes from Matt Flegenheimer, Carl Hulse, Charlie Savage and Adam Liptak of The New York Times, Lawrence Hurley and Andrew Chung of Reuters, Laura Litvan and Greg Stohr of Bloomberg, Ed O’Keefe, Robert Barnes and Sean Sullivan of The Washington Post, Erica Werner and Mark Sherman of the Associated Press and David Savage of the Los Angeles Times. Early commentary comes from Noah Feldman of Bloomberg View.

Tomorrow, questioning by senators will begin. Ilya Shapiro for The Federalist and Steven Mazie for The Economist’s Democracy in America blog suggest questions they believe senators should ask the nominee. For Cato at Liberty, Shapiro also lays out what to look for during the hearing.

Other coverage of Gorsuch’s nomination comes from Arnie Seipel and Nina Totenberg of NPR and from Bill Mears of Fox News, who reviews Neil Gorsuch’s judicial record, his extensive preparation, and pre-hearing attempts by Democrats to oppose the nomination.

Additional commentary on Gorsuch’s nomination comes from Elizabeth Wydra for The Hill, David Gans for the Waco Tribune-Herald (also New Republic), and Akhil Reed Amar for The New York Times, Mark Gitenstein for The Washington Post, Kenneth Jost for his eponymous blog, Leah Litman at Take Care, who also writes a second piece with Amir Ali for Take Care, Ryan Black and Ryan Owens for The Washington Post, David Brock from Politico Magazine, Sen. Elizabeth Warren (D-Mass.) for the Boston Globe, Lee Saunders for The Hill, Raul Reyes for NBC News, Judith Schaeffer for The Huffington Post, Joan McCarter for Daily Kos, Rebecca Leber for Mother Jones and Dahlia Lithwick for Slate.

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Monday round-up

Monday round-upThis morning the court hears oral argument in two cases. First on the agenda is Murr v. Wisconsin, in which the court will consider what constitutes the “parcel as a whole” for the purpose of regulatory takings analysis. Miriam Seifter had this blog’s preview. At Cornell University Law School’s Legal Information Institute, Eugene Temchenko and Nick Velonis […]

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Monday round-up

This morning the court hears oral argument in two cases. First on the agenda is Murr v. Wisconsin, in which the court will consider what constitutes the “parcel as a whole” for the purpose of regulatory takings analysis. Miriam Seifter had this blog’s preview. At Cornell University Law School’s Legal Information Institute, Eugene Temchenko and Nick Velonis have another preview. At PrawfsBlawg, Roderick Hills argues that the property-owners’ position may “actually undermine the security of private property, because by “elevating one aspect of state property law — lot lines — over all others, their broad reading of Takings doctrine would give state and local governments enormous incentives to make subdivision of large parcels very difficult.” In Forbes, J.V. DeLong argues that “the real questions underlying this case” “are matters of due process, equal protection, and arbitrary government action.”

The second case on the argument docket is Howell v. Howell, a dispute between a divorced couple over the wife’s share of the husband’s military retirement pay. Amy Howe previewed the case for this blog. Kara Goad and Elizabeth Sullivan preview the case for Cornell. The George Washington Law Review’s On the Docket previews all the cases on the March argument calendar.

The Senate hearing on the nomination of Judge Neil Gorsuch to the Supreme Court begins today. At NPR, Nina Totenberg reports on what to expect, noting that so far, “Gorsuch critics have been having difficulty getting traction — having been trumped, as it were, by other controversies,” but that “there has been plenty going on behind the scenes.” In The New York Times, Jennifer Steinhauer looks at Sen. Chuck Grassley and Sen. Dianne Feinstein, the top Republican and Democrat on the Judiciary Committee, who will preside over the hearing. In The Washington Post, Ed O’Keefe and Robert Barnes survey various issues that are likely to be the focus of questioning by Democratic senators, noting that many “conservative activists and GOP lawmakers say that the laundry list of Democratic concerns is evidence that they don’t quite know how to pin down Gorsuch.” In The New York Times, Carl Hulse reports that “Senate Democrats appear to have two options: Get out of the way or get run over.” At The Economist’s Espresso blog, Steven Mazie previews the hearing.

In The New York Times, Adam Liptak surveys four confirmation battles that shaped the court, and Clyde Haberman looks back at the memorable hearing on Judge Robert Bork in 1987. Also in The New York Times, Liptak offers “advice, reflections and criticism from former nominees who successfully navigated the process.” In The National Law Journal (subscription or registration required), Marcia Coyle and Tony Mauro examine several other memorable confirmation hearings. In The New York Times, Adam Liptak reports that “Gorsuch is likely to be confirmed, though perhaps only after a momentous revision to Senate practices to eliminate the filibuster against Supreme Court nominees,” but that “justices and others worry about the cost to the Supreme Court’s authority when its members are portrayed in starkly political terms.”

In The Washington Post, Robert Barnes reviews several Gorsuch rulings that “liberal and conservative legal activists” “say best illustrate how Gorsuch sees the law.” In The Wall Street Journal, Jess Bravin reports that Gorsuch’s “provocative persona” in college evolved over time into a “conciliatory posture toward those with views to his left,” and that it “isn’t clear what prompted Judge Gorsuch’s transformation from ideological provocateur to evangelist of civility.” In The New York Times, Eric Lipton and Jeremy Peters report on the role of Leonard Leo, the executive vice president of the Federalist Society, and other conservative activists in “reshaping the judiciary” by recommending like-minded judges, including Gorsuch, for appointments to the federal bench, noting that although “Gorsuch, 49, is their first test case,” the “conservative activists say more is at stake than just the Supreme Court.” At The Huffington Post, Cristian Farias looks at Gorsuch’s role in defining the level of educational benefit school districts must provide children with disabilities, an issue before the case this term in Endrew F. v. Douglas County School District. At CNN, Daniel Burke examines Gorsuch’s religious background, concluding that “in the black-and-white world of partisan politics, Gorsuch’s writings and religious life show several strands of gray.”

In The National Law Journal (subscription or registration required), Tony Mauro highlights what to watch for during the hearing. Mark Walsh offers five things for educators to keep in mind about Gorsuch. At NYU Law, Barry Friedman explains the Supreme Court confirmation “dance-a-thon.” Slate’s Amicus podcast features a discussion with Sen. Sheldon Whitehouse (D-R.I.), a member of the Judiciary Committee, about how the Democrats should handle the confirmation proceedings.

At Reason’s Hit & Run blog, Damon Root urges senators to question Gorsuch in three areas: congressional power, executive power and unenumerated rights. In The Nation, Ari Berman asserts that senators should question Gorsuch about his view on voting rights, because “Gorsuch, if confirmed, could be the deciding vote on whether to weaken the remaining sections of the VRA and whether to uphold discriminatory voter-ID laws and redistricting plans from states like North Carolina and Texas.” In an op-ed for The Hill, Trevor Potter argues that Gorsuch “should be thoroughly scrutinized until he answers specific questions about his view on money in politics.” The editorial board of the Los Angeles Times asserts that “it’s important that senators engage him in a dialogue about his view of the court’s role that goes beyond hot-button issues such as abortion, guns and gay rights.” At the Brennan Center for Justice, Andrew Cohen suggests that Gorsuch could learn from his grandfather John Gorsuch, a Denver lawyer who “brought a level of empathy and compassion to the law,” but worries that there “is no reason today to believe his grandson will follow that lead.”

At The Huffington Post, Christopher Kang argues that Gorsuch’s tenure at the Justice Department, ties to a conservative Colorado billionaire, and recent high-profile dissents raise “questions about Judge Gorsuch’s independence” and increase the public’s need to “know how the Federalist Society and Heritage Foundation communicated with him—and with Trump’s campaign, transition team, and administration—in vetting him and resolving “potential strikes” against him.” At Jost on Justice, Ken Jost remarks on the Federalist Society’s role in picking Gorsuch. In an op-ed in Bloomberg, Michael Bloomberg warns against the dangers of “extreme partisanship” and cautions that rather “than overplay their hand, Democratic senators should use the confirmation hearing to ask questions that reveal how Gorsuch thinks about legal questions, rather than what he thinks about particular issues.”

Briefly:

  • Bill O’Reilly’s The Contributing Factor podcast features a discussion of “the inner workings of the nation’s highest court with Fox News anchor and Supreme Court correspondent Shannon Bream.”
  • At PrawfsBlawg, Richard Re looks at the Supreme Court’s practice of abandoning“longstanding or widespread readings of its own precedents by blaming a dissenting opinion.”
  • At Lock Law Blog, Ryan Lockman discusses County of Los Angeles v. Mendez, a Fourth Amendment case stemming from a police search that resulted in a shooting, observing that this may be “a rare case when conservative legal principles functionally expand police shooting liability.”
  • At PrawfsBlawg, David Fontana unpacks the result of a recent poll on the Supreme Court conducted by C-SPAN and PBS.

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