It was a busy morning yesterday at the Court, which handed down four opinions. However, as Tony Mauro of the BLT noted in his coverage of the day’s proceedings, “[n]one of the marquee cases that would make big headlines” – such as Bilski v. Kappos, McDonald v. Chicago, or Christian Legal Society v. Martinez – were decided yesterday.
The American Constitution Society held a panel on Tuesday afternoon entitled, “A Discussion on the Nomination of Elena Kagan to the Supreme Court.” The event was moderated by Professor Amanda Frost of the American University’s Washington College of Law, and the panelists were Rachel Brand of WilmerHale, Walter Dellinger of O’Melveny & Myers, and Thomas Wilner of Shearman & Sterling.
For all round-up coverage of Elena Kagan since her nomination, see our collection of past links on SCOTUSwiki. Staff picks are marked by asterisks. Commentators again took a break from nomination coverage as the Court issued three opinions – and a rare certified question – on Monday morning.
Note: Please see yesterday’s evening round-up for more coverage of Monday’s opinions and orders at the Court. In the wake of yesterday’s decision in American Needle, Inc. v. NFL, Jarrett Bell of USA Today and W.D. Cornwell at the Huffington Post discuss the decision’s ramifications for future collective bargaining negotiations in the sport.
As the Court returned from recess, yesterday’s release of opinions in Graham v. Florida, Sullivan v. Florida, United States v. Comstock, and Abbott v. Abbott provided a brief respite from nomination coverage.
At the BLT, Tony Mauro recaps the weekend’s nomination news and – citing White House Press Secretary Robert Gibbs’s comment on Monday that “[w]e’re getting there” – suggests that a nomination may come this week.
Coverage of the Supreme Court focused heavily on Monday’s cert. grant in Schwarzenegger v. Entertainment Merchants Association, in which the Court will consider whether California may prohibit the sale of violent video games to children.
Coverage of Christian Legal Society v. Martinez and City of Ontario v. Quon dominates the Court-related headlines this morning. Anticipation ran high for Monday’s oral arguments in both cases; Mike Sacks of First One @ One First writes that the line began forming at noon on Sunday for those that sought to ensure themselves a seat in the courtroom.
Commentators continue to discuss the so-called “short list” of potential successors to Justice Stevens. Bill Mears at CNN reports that President Obama is expected to announce his nominee by early May and that Elizabeth Warren is “now getting much less scrutiny than some of the favorites,” while Dominique Pastre at Fox News reports that the administration continues to expand the list and vet new candidates.
At the Chicago Tribune blog, Steve Chapman argues that the President should nominate a very liberal justice, noting that the Court currently seats several “unabashed, intellectually distinguished conservatives” and that “[i]t would be a great thing for the court and the country if they had to match
In the wake of the weekend’s interviews with Justice Stevens concerning his possible retirement, reporters and commentators discuss possible successors to Justice Stevens, and in particular the much-publicized “short list” of candidates consisting of Solicitor General Elena Kagan and Judges Diane Wood and Merrick Garland.
Tony Mauro of the BLT and Ashby Jones of the WSJ Law Blog both previewed Monday’s oral argument in Morrison v. National Australia Bank.