Tuesday round-up

Yesterday the justices added two cases to their merits docket for next term and asked for the views of the solicitor general in one case. Amy Howe covers the order list for this blog; her coverage first appeared at Howe on the Court.

The court also issued opinions in two cases yesterday. The first is Texas v. New Mexico, an original-jurisdiction case in which a unanimous court held that the United States can pursue claims against New Mexico for violation of the Rio Grande water compact. Ryke Longest has this blog’s opinion analysis. Subscript offers a graphic explainer for the opinion. At The Daily Caller, Kevin Daley reports that “[t]hough the ruling was limited to the facts at hand, the Court has now opened the door to federal intervention in agreements between the states, known as interstate compacts.”

In U.S. Bank National Association v. Village at Lakeridge, in another unanimous opinion, the justices held that the court of appeals was right to defer to the bankruptcy court’s determination of non-statutory insider status. This blog’s opinion analysis comes from Ronald Mann. Subscript’s graphic explainer is here.

For The Wall Street Journal, Jess Bravin reports that “[t]he Trump administration on Monday urged the Supreme Court to expand states’ authority to collect sales tax on internet transactions, joining a chorus of state officials seeking to overrule a 1992 precedent exempting many online retailers from having to add taxes to a consumer’s final price.” At OUPblog, Edward Zelinsky discusses the current case, South Dakota v. Wayfair, arguing that “the Supreme Court should overrule Quill in the Court’s role as guardian of the states against federal commandeering.” [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.]

At NPR, Nina Totenberg surveys the Supreme Court’s Second Amendment jurisprudence. In an op-ed at The Hill, Lawrence Friedman reflects on the court’s recent cert denial in Silvester v. Becerra, a challenge to California’s 10-day waiting period for firearms purchases, suggesting that “this is simply not the right time for the Supreme Court to step into debates about the Second Amendment’s scope.” In an op-ed at Fox News, Adam Carrington finds the justices’ reluctance “to rule on the constitutionality of gun regulations in a systematic fashion” “both strange and problematic.”


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