At this blog, Lyle Denniston reports on the most recent developments in last Term’s adoption case, Adoptive Couple v. Baby Girl:  the child’s biological father has asked Chief Justice John Roberts to stay a decision by the South Carolina Supreme Court, which last week ordered a family court in that state to finalize the child’s adoption quickly.  Emma Mustich of the Associated Press (via The Huffington Post) also covers the story.

Also on Friday, the U.S. Court of Appeals for the Third Circuit rejected a Pennsylvania company’s challenge to the Affordable Care Act’s requirement that employers must provide their employees with health insurance that includes access to a range of family planning options.  The family-owned company, which makes wooden cabinets, had argued that the birth-control mandate violated the company’s rights under the First Amendment and the federal Religious Freedom Restoration Act.  Lyle reports on the Third Circuit’s decision, which conflicts with a decision by the U.S. Court of Appeals for the Tenth Circuit and therefore increases the likelihood that the Supreme Court will grant review.  Will Baude discusses the Third Circuit’s decision at The Volokh Conspiracy, criticizing the majority’s reasoning as “pretty strange.”


  • At The New Republic, Simon Lazarus looks back at the October Term 2012 and the effect of what he describes as “the most obvious, and potentially seismic, current influence on the Supreme Court’s conservative bloc. This is the recent surge of libertarianism among conservative academics, advocates, politicians and, of course, voters.”

Posted in Round-up

Recommended Citation: Amy Howe, Monday round-up, SCOTUSblog (Jul. 29, 2013, 8:37 AM),