The transcript in Environmental Protection Agency v. EME Homer City Generation and American Lung Association v. EME Homer City Generation, which Lyle covered for this blog, is here.
It is rare these days in Washington for the Environmental Protection Agency to have a good day, with important figures showing sympathy for the difficulty of its task. But the EPA could walk away from Tuesday’s oral arguments on how the agency acted to limit foul air from floating from state to state, with a sense that maybe it did it about right. As usual, it faced some criticism, true, but this time that did not dominate.
The combined cases the Court heard for about ninety minutes (EPA v. EME Homer City Generation and American Lung Association v EME Homer City Generation) are deeply complex. So the Justices found it helpful to approach them through more familiar analogies and hypotheticals. But those, too, seemed to work in the EPA’s favor.
In a casebook-worthy unanimous opinion by Justice Ruth Bader Ginsburg in Sprint Communications, Inc. v. Jacobs, the Court clearly defined the scope of the Younger doctrine’s outer bounds.
An audio slideshow about the recently settled Fair Housing Act case Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc.
Litigants and attorneys have taken to heart the Court’s admonitions that jurisdictional rules should be “simple, clear, and certain,” based on uniform, bright lines, and capable of easy administration. Or, as Justice Alito put it in Monday’s argument in Ray Haluch Gravel Co. v. Central Pension Fund, in a question to Ray Haluch’s counsel, the Court is looking for “the rule that trips up the fewest lawyers.” The argument illustrates a problem, however: Sometimes two competing rules both satisfy that requirement.
We will be live blogging this morning as opinions are issued at 10:00 a.m. We will begin live blogging at 9:45. Please click this link to be taken to the live blog page.
Yesterday the Court heard oral arguments in Air Wisconsin Airlines Corp. v. Hoeper, involving a pilot’s defamation suit against the regional airline, which counters that it is immune from suit under the Aviation and Transportation Security Act. Coverage comes from Jess Bravin of The Wall Street Journal and Robert Barnes of The Washington Post. Continue reading »
This morning at 10:00 a.m. we expect one or more opinions in argued cases. We will begin live-blogging at 9:45 at this link.
Following opinion announcements, the Justices are scheduled to hear two oral arguments: Environmental Protection Agency v. EME Homer City Generation and American Lung Association v. EME Homer City Generation (consolidated for ninety minutes of argument), which Lyle Denniston previewed for this blog, and Mayorkas v. Cuellar de Osorio, which Kevin Johnson previewed for this blog.
At its December 13, 2013 Conference, the Court will consider petitions seeking review of issues such as secondary liability for supporting terrorist organizations under the Anti-Terrorism Act, a tribe’s eminent domain powers over a corporation located on tribal land, sanctions for violating the understood purpose of an injunction, and the constitutionality of a state ban on passive political statements written on clothing in polling places.
This edition of “Petitions to watch” features petitions raising issues that Tom has determined to have a reasonable chance of being granted, although we post them here without consideration of whether they present appropriate vehicles in which to decide those issues. Our policy is to include and disclose all cases in which Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, represents either a party or an amicus in the case, with the exception of the rare cases in which Goldstein & Russell represents the respondent(s) but does not appear on the briefs in the case.