Commentators continue to focus on the Court’s announcement that it would hear several challenges to the Affordable Care Act later this Term. At the American Prospect, Michael Bailey and Forrest Maltzman consider two models to predict how the Justices may vote on the health care litigation – but note that “predictions are hard…especially when it isn’t clear which precedents apply or which legal doctrines are likely to dominate.” Lyle Denniston of this blog explores what he characterizes as a “sleeper issue” in the case —  the Anti-Injunction Act – that could potentially “shut down the constitutional review of the insurance mandate until 2015 at the earliest.” And in a guest post at Business Insider, Larry M. Elkin argues that, given the gravity of the healthcare litigation, “if ever a case cried out for live national coverage, this is it.”


  • Rick Hasen of Election Law Blog reports that the Court has denied a stay in Doe v. Reed requesting anonymity for signers of an anti-gay-rights petition.
  • At the Huffington Post, Mike Sacks disputes what he describes as the “most persistent myth about Justice Thomas – that he is Justice Antonin Scalia’s puppet.” 
  • Womensphere provides video coverage of a panel commemorating the fortieth anniversary of the landmark gender equality case Reed v. Reed, with Justice Ginsburg as a special guest.
  • On this blog, Ronald Mann previews Mims v. Arrow Financial Services, LLC, in which the Court will consider whether federal courts or state courts should hear claims brought under the Telephone Consumer Protection Act.

Posted in Round-up

Recommended Citation: Nabiha Syed, Tuesday round-up, SCOTUSblog (Nov. 22, 2011, 9:23 AM),