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Friday round-up

Briefly:

  • In The Atlantic, Garrett Epps discusses King v. Burwell, the challenge to the availability of tax subsidies for individuals who purchase their health insurance on an exchange operated by the federal government, and the constitutional avoidance doctrine. He concludes that, “[i]n the end, the fate of the ACA may come down to th[e] question—“how doubtful is doubtful?”—as it plays out” for one Justice.
  • In The National Law Journal (subscription required), Marcia Coyle reports on an amicus brief filed by law student groups in the challenges to state bans on same-sex marriage; the student groups tell the Court that “same-sex marriage nonrecognition laws impose special harms on their members as they try to begin new careers in a highly mobile nation.”
  • At the Immigration Prof Blog, Timothy Dugdale looks at Monday’s decision in Perez v. Mortgage Bankers Association, holding that amendments to interpretative rules do not require notice-and-comment rulemaking, and its implications for immigration law.
  • At Just Security, William Dodge discusses the Court’s denial of cert. in Samantar v. Yousef, “ending an attempt by the former Prime Minister of Somalia to claim that the torture and extrajudicial killing for which he admitted liability in US court were official acts entitled to immunity,” and the lessons of the case “for plaintiffs, for defendants, and for the US government.”

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Recommended Citation: Amy Howe, Friday round-up, SCOTUSblog (Mar. 13, 2015, 7:06 AM), https://www.scotusblog.com/2015/03/friday-round-up-261/