Thursday round-up

Tuesdays opinions and order list continue to generate coverage and commentary.
At this blog, Jordan Steiker discusses the opinion in McQuiggin v. Perkins, in which the Court held that an actual innocence plea can overcome the one-year statute of limitations for habeas petitions; other coverage of McQuiggin comes from Dominic Perella at MSNBC. At this blog, Steve Vladeck analyzes the opinion in Trevino v. Thaler, in which the Court held that when a states procedural framework makes it highly unlikely in a typical case that a defendant will have a meaningful opportunity to raise on direct appeal a claim that his trial counsel provided ineffective assistance, the good cause exception recognized in Martinez v. Ryan applies. At The Atlantic, Andrew Cohen discusses Justice Kennedys influence on the Court, as reflected in five-to-four decisions such as McQuiggin and Trevino.

This week was also the deadline to file amicus briefs in National Labor Relations Board v. Noel Canning, in which the federal government seeks review of the D.C. Circuits decision holding that the presidents recess appointments to the NLRB are unconstitutional. John Elwood discusses the amicus briefs at The Volokh Conspiracy, while at ACSblog Jeremy Leaming focuses on the brief filed by the Constitutional Accountability Center in support of the Obama administration.

Briefly:

• At this blog, Kali Borkoski discusses the story behind Behenna v. United States, scheduled for consideration at todays Conference.
• At this blog, John Elwood covers the Courts recent and potential relists.
• The National Review Onlines blog Bench Memos criticizes a recent article in The New York Times on affirmative action and the possible impact of the Courts upcoming decision in Fisher v. University of Texas at Austin, the challenge to that universitys use of affirmative action in its undergraduate admissions process.
• At HealthLawProf Blog, Nicole Huberfeld discusses Tuesdays denial of cert. in Planned Parenthood of Indiana, Inc. v. Secretary of the Indiana Family and Social Services Administration, a case arising from Indianas efforts to end Medicaid funding for Planned Parenthood because the organization provides abortion services.

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, represented the American Association of Law Schools as an amicus in Fisher v. University of Texas at Austin.

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