This week the Court will hear oral argument in American Lung Association v. EME Homer City Generation and EPA v. EME Homer City Generation, the challenges to the government’s power to require states to prevent their air pollution from affecting their neighbors.  Lyle Denniston previewed the case for this blog; other coverage comes from Richard Wolf of USA Today.

Yesterday morning Justice Ruth Bader Ginsburg denied an application by a group of consumers who had asked the Court to block the merger between American Airlines and US Airways.  Lyle Denniston covered those developments for this blog, with other coverage coming from CNN and Richard Wolf of USA Today.

In an op-ed for the Los Angeles Times, Andrew Cohen discusses Justice Sotomayor’s dissent from the denial of certiorari in Woodward v. Alabama, a challenge to that state’s practice of allowing judges to override a jury’s recommendation of life in prison rather than the death penalty.  Cohen urges his readers to “[r]emember this case, and this result, the next time the justices in Washington preach about the virtues and necessity of juries in our system of justice. That system broke down in this case, and it wasn’t the jury’s fault.”

With the Court poised to decide whether it will review the case of two middle-school students who were suspended for wearing what they describe as bracelets intended to promote breast cancer awareness, Sonja West looks at the Court’s record on student speech at Slate.

Posted in Round-up

Recommended Citation: Amy Howe, Monday round-up, SCOTUSblog (Dec. 9, 2013, 7:58 AM),