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Thursday round-up

Briefly:

  • At FiveThirtyEight, Harry Enten explains why “the 2014 Senate elections have made it more difficult for Obama to appoint a Supreme Court justice” and suggests that “[h]is best chance would be to go with a nominee who is a true moderate, or an impeccably qualified, mainstream Democrat.”
  • At ThinkProgress, Ian Millhiser discusses Justice Anthony Kennedy’s opinion for the Court in Arizona v. United States, striking down part of an Arizona immigration law, and argues that the decision “includes language highlighting the ‘broad discretion’ the executive branch enjoys in matters relating to immigration.”
  • At Verdict, Michael Dorf outlines a scenario in which the four Justices who dissented from the Court’s 2012 decision upholding the individual mandate “could reject the statutory challenge” to the availability of tax subsidies for individuals who purchase their health insurance on exchanges established by the federal government, “but nonetheless vote to invalidate the” ACA in King v. Burwell.

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Recommended Citation: Amy Howe, Thursday round-up, SCOTUSblog (Nov. 20, 2014, 6:50 AM), https://www.scotusblog.com/2014/11/thursday-round-up-253/