Thursday round-up

By on Aug 14, 2014 at 7:52 am

Briefly:

  • In the wake of recent comments by President Obama to Democratic donors about the possibility of additional appointments to the Supreme Court, Sahil Kapur of Talking Points Memo discusses the prospect that, if all of the Justices remain on the Court through the end of the president’s second term, “the 2016 presidential election could lead to a cataclysmic reshaping of the Supreme Court, and with it the country.” Continue reading »
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Petition of the day

By on Aug 13, 2014 at 10:21 pm

The petition of the day is:

Ohio v. Clark
13-1352

Issue: (1) Whether an individual’s obligation to report suspected child abuse makes that individual an agent of law enforcement for purposes of the Confrontation Clause; and (2) whether a child’s out-of-court statements to a teacher in response to the teacher’s concerns about potential child abuse qualify as “testimonial” statements subject to the Confrontation Clause.

 
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The role of politics on the bench; focusing on education; the Roberts Court, the Supreme Court, and the historical arc of race and ethnicity; and a timeline for getting out of the classification business.

In this five-part interview, Edward Blum – Visiting Fellow at the American Enterprise Institute and Founder and President of the Project on Fair Representation – discusses his background, running for Congress, and moving from public finance to political advocacy to Supreme Court litigation; the meeting of race, ethnicity and religion; the desire to “make big law” and how to read Supreme Court signals; and success building cases from the ground up – from Bush v. VeraNAMUDNO v. Holder, and Shelby County v. Holder to Fisher v. University of Texas at Austin and beyond – with “people of good will.”

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Petition of the day

By on Aug 12, 2014 at 10:13 pm

The petition of the day is:

Spokeo, Inc. v. Robins
13-1339

Issue: Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on a bare violation of a federal statute.

Commentary

In sports, a “streak” can say a lot about talent, endurance — and plain luck.  Cal Ripken, Jr., of the Baltimore Orioles set a major league baseball record by playing in 2,632 consecutive games.  The University of Connecticut’s women’s basketball team owns the longest string of victories in the college basketball ranks — ninety games in a row.

In law, attorney Thurgood Marshall had a string of victories (sometimes interrupted by defeats) in his campaign to achieve racial desegregation in public education, and attorney Ruth Bader Ginsburg did much the same in advancing the women’s rights revolution.  But perhaps nothing in constitutional history matches the swiftly developing “streak” of court rulings in favor of same-sex marriage.  Still, the actual meaning of that “streak” is open to debate — even about whether it is a streak.  Let’s try to sort it out, simply.

Continue reading »

The University of Texas, renewing its defense of its freshman class admissions policy, contended on Monday that the ongoing court battle has become nothing more than an “ideological struggle” over well-established Supreme Court precedent allowing some use of race in selecting new students.

The brief was in response to a request by a white applicant denied admission, who is seeking en banc rehearing of a new round in her challenge at the U.S. Court of Appeals for the Fifth Circuit.  The challenger, Abigail Fisher, has the support of a dozen amicus briefs.  Her case is back before that court after a trip to the Supreme Court.

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Tuesday round-up

By on Aug 12, 2014 at 7:47 am

Yesterday Chief Justice John Roberts spoke at the annual meeting of the American Bar Association in Boston, where he urged both courts and lawyers to “rise above” partisanship.  Coverage of the speech comes from Scott Malone of Reuters and Zachary Sampson of the Boston Globe.

In The Economist, Steven Mazie discusses recent comments by Justice Ruth Bader Ginsburg, who in an interview with Katie Couric of Yahoo! News suggested that some of her colleagues have a “blind spot” on women’s issues, and he considers possible causes for what he characterizes as “gender insensitivity.”  At Slate, Dahlia Lithwick discusses the Justice whom she describes as the Court’s “fourth feminist” – Justice Stephen Breyer — lamenting that although Breyer “has consistently voted alongside the court’s three women on virtually all gender issues . . . nobody has yet made a Tumblr for him.”  In USA Today, Richard Wolf marks Breyer’s twentieth anniversary on the Court, observing that, “[p]erhaps more than anyone else in Washington . . . Breyer is a believer in the democratic system.”  Continue reading »

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Petition of the day

By on Aug 11, 2014 at 10:11 pm

The petition of the day is:

Runyon v. United States
13-254

Issue: (1) Whether, in order to demonstrate that evidentiary errors in a capital sentencing proceeding were harmless, the government must establish that the errors did not affect the verdict of the jury that actually heard the case or whether the government may instead meet its burden by demonstrating that such errors would not have affected a hypothetical, reasonable jury; and (2) whether, under the cumulative error doctrine, a reviewing court must reverse if the government cannot establish that preserved errors are harmless beyond a reasonable doubt, or is reversal required only if the errors “so fatally infect[ed] the trial that they violated the trial’s fundamental fairness.”

 
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For the first time in nearly fourteen months, a state’s ban on same-sex marriage has withstood a constitutional challenge in court.  A state judge in Tennessee ruled last week that “neither the Federal Government nor another state should be allowed to dictate to Tennessee what has traditionally been a state’s responsibility.”  The decision, issued last Tuesday, has just become available in electronic format.

Roane County Circuit Judge Russell E. Simmons, Jr., of Kingston ruled in a case of two gay men who were married four years ago in Iowa and are now seeking a divorce in their home state of Tennessee.  Unlike every other court ruling — federal or state — since the Supreme Court’s decision in United States v. Windsor in June 2013, the judge rejected the idea that the Windsor decision undercut state authority to ban same-sex marriages. Continue reading »

The Supreme Court on Monday asked an attorney disciplinary panel in Pennsylvania to sort out a dispute among lawyers over a death penalty appeal that an inmate has said he did not want filed.  In an order included with the Court’s second round of summer recess actions, the Justices referred the case of Michael E. Ballard to the Pennsylvania Supreme Court Disciplinary Board, to investigate or take “action it finds appropriate.”

The Court’s file in the case, including several letters, news articles, and a state Supreme Court’s opinion, is contained here and here.  (The file must be read from front to back for continuity and sequence.)

Continue reading »

 
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