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SCOTUS BRACKETOLOGY

The “great chief” and the “super chief”: A final showdown in Supreme Court March Madness

By James Romoser on April 14 at 12:19 p.m.

In the final round of our tournament to select the greatest Supreme Court justice of all time, two chief justices have beaten out a competitive field to reach the championship: John Marshall and Earl Warren. Vote now for your pick to take the title.

SCOTUS NEWS

Biden to create commission on Supreme Court reform

By Amy Howe on April 9 at 1:27 p.m.

The bipartisan, 36-member commission will have 180 days after its first public meeting to file a report on court-reform proposals.

EMERGENCY DOCKET

Court blocks restrictions on religious gatherings

By Amy Howe on April 10 at 1:30 a.m.

In a late-night 5-4 ruling, the court barred California from enforcing COVID-related limits on in-home prayer meetings.

PETITIONS OF THE WEEK

Two cases alleging disability-based discrimination

By Andrew Hamm on April 9 at 1:01 p.m.

A weekly look at new and notable petitions seeking Supreme Court review. This week: Workplace accommodations and prescription-drug policies.

SCOTUStalk

Katie Barlow and Amy Howe talk the latest court news: two arguments on the right to protect private property from entry or searches, a major Fourth Amendment decision, and a perfectly timed argument on collegiate athletics.

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WHAT WE'RE READING

The morning read for Wednesday, April 14

By James Romoser on Apr 14, 2021 at 8:16 am

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Here’s the Wednesday morning read:

Biden is considering overhauling the Supreme Court. That’s happened during every crisis in U.S. democracy. (Thomas Keck, The Washington Post)
Biden’s SCOTUS Commission Apparently Lacks Authority To Make Recommendations And Is (Way) Too Large (Michael Dorf, Dorf on Law)
Biden’s Supreme Court Commission Is Designed to Fail (Elie Mystal, The Nation)
How a Cheerleader’s Snapchat Profanity Could Shape the Limits of Students’ Free Speech (Mark Walsh, Education Week)
Supreme Court conservatives may reset balance between LGBTQ rights and religious liberty ($) (David Savage, Los Angeles Times)

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WHAT WE'RE READING

The morning read for Tuesday, April 13

By James Romoser on Apr 13, 2021 at 7:30 am

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Here’s the Tuesday morning read:

“Shadow Dockets” Are Normal. The Way SCOTUS Is Using Them Is the Problem. (Steve Vladeck, Slate)
The Supreme Court’s ‘Shadow Docket’ Is Looking Increasingly Shady (Charles Pierce, Esquire)
The Roberts Court, First Amendment Fanaticism, and the Myth of Originalism (Eric Segall, Dorf on Law)
Why the Left Is Wrong to Attack Justice Breyer on Court-Packing (Adam Carrington, The American Spectator)
Talk of Breyer retirement swirls, while he questions court’s image ($) (Daniel Cotter, Chicago Daily Law Bulletin)

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WHAT WE'RE READING

The morning read for Monday, April 12

By James Romoser on Apr 12, 2021 at 7:30 am

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Here’s the Monday morning read:

Court-packing isn’t the right fix for our courts. Ending life tenure is. (Editorial board, The Washington Post)
A Free Exercise of Religion Supreme Court (Editorial board, The Wall Street Journal)
Biden’s Supreme Court reform commission won’t fix anything (Ian Millhiser, Vox)
A Surprising Opinion From Justice Thomas May Signal an Ominous Shift on Free Speech (David French, Time)
Techies give an old fashioned Supreme Court decent marks in coding case (John Fritze, USA Today)

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WHAT WE'RE READING

The morning read for Friday, April 9

By James Romoser on Apr 09, 2021 at 7:30 am

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Here’s the Friday morning read:

Is the Supreme Court too partisan? Here’s what 3 reform proposals would do (Taylor Mooney, CBS News)
This Is What Judicial Activism Looks Like on the Supreme Court (Linda Greenhouse, The New York Times)
Justice Thomas’ Thought Experiment on Novel Issues With Social Media, Free Speech (GianCarlo Canaparo, The Daily Signal)
Gender War: A challenge to male-only draft registration lands at America’s Supreme Court (Steven Mazie, The Economist)
Last Hurrah for the Minimalist Court? (Donald Daugherty, The Federalist Society)

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WHAT WE'RE READING

The morning read for Thursday, April 8

By James Romoser on Apr 08, 2021 at 7:30 am

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Here’s the Thursday morning read:

Stephen Breyer worries about Supreme Court’s public standing in current political era (Joan Biskupic, CNN)
Justice Breyer Speaks on Court Authority and the ‘Peril of Politics’ in Annual HLS Scalia Lecture (Emmy Cho, The Harvard Crimson)
Supreme Court Decision Affirms Open-Source’s Role in Modern Software Development (Angus Loten, The Wall Street Journal)
On the court and online, Justice Clarence and Virginia Thomas hit Big Tech (Dylan Byers, NBC News)

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Calendar

Su	Mo	Tu	We	Th	Fr	Sa
				1 Conference private_conferences Opinions opinions today_at_the_court On Thursday, the court released opinions in Facebook v. Duguid, FCC v. Prometheus Radio Project and Florida v. Georgia. The justices met for their April 1 conference.	2	3
4	5 Opinions opinions Orders orders today_at_the_court On Monday, the court released orders from the April 1 conference and an opinion in Google v. Oracle.	6	7	8	9	10
11	12	13	14	15	16 Conference private_conferences	17
18	19 Sanchez v. Mayorkas (20-315) oral_arguments Yellen v. Chehalis Reservation (20-543) oral_arguments Orders orders	20 US v. Gary (20-444) oral_arguments Greer v. US (19-8709) oral_arguments	21 Minerva Surgical v. Hologic (20-440) oral_arguments San Antonio v. Hotels.com (20-334) oral_arguments	22	23 Conference private_conferences	24
25	26 Guam v. US (20-382) oral_arguments Americans for Prosperity v. Becerra (19-251) oral_arguments Orders orders	27 US v. Palomar-Santiago (20-437) oral_arguments HollyFrontier Refining v. Renewable Fuels Assoc. (20-472) oral_arguments	28 PennEast Pipeline v. New Jersey (19-1039) oral_arguments Mahanoy School District v. B.L. (20-255) oral_arguments	29	30 Conference private_conferences

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10 Apr 1380736065523318787

In yet another Friday night shadow docket order, a divided Supreme Court sides with challengers to California’s COVID-related restrictions. Brief per curiam opinion and dissent from Justice Kagan: https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf

Amy Howe @AHoweBlogger

By vote of 5-4, #SCOTUS blocks California's COVID-related restrictions on in-home prayer meetings and worship. Opinion & Kagan's dissent are here: https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf

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9 Apr 1380551439962009604

President Biden will sign an executive order authorizing a commission to study Supreme Court reform. The commission will review “the length of service and turnover of justices on the court; the membership and size of the court” among other topics.

President Biden to Sign Executive Order Creating the Presidential Commission on the Supreme Court of the United States | The White House

President Biden will today issue an executive order forming the Presidential Commission on the Supreme Court of the United States, comprised of a

www.whitehouse.gov

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9 Apr 1380529233148141568

The Supreme Court will hear April and May oral arguments remotely but with a live audio feed.

Amy Howe @AHoweBlogger

#SCOTUS confirms that "[i]n keeping with public health guidance in response to COVID-19," it will hear oral arguments in April and on May 4 remotely, as it has for the other argument sessions this term. Press release here: https://www.scotusblog.com/wp-content/uploads/2021/04/Media-Advisory-Teleconference-Arguments.pdf

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6 Apr 1379263807650947072

In a Monday evening shadow-docket filing, Tennessee asks the Supreme Court to reinstate a state law that imposes a 48-hour waiting period for patients to abortions. A federal judge struck down the waiting period as unconstitutional. @AHoweBlogger explains:

Tennessee asks court to restore waiting period for abortions - SCOTUSblog

Tennessee filed an emergency request with the Supreme Court on Monday, asking the justices for permission to enforce...

www.scotusblog.com

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5 Apr 1379071916741382144

BREAKING: In major copyright battle between tech giants, SCOTUS sides w/ Google over Oracle, finding that Google didnt commit copyright infringement when it reused lines of code in its Android operating system. The code came from Oracle's JAVA SE platform. https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf

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5 Apr 1379064241102151689

NEW: The Supreme Court agrees to take up one new case, Brown v. Davenport. It's a technical but important question about the standard for federal courts reviewing habeas claims to assess whether constitutional violations were "harmless error." https://www.supremecourt.gov/orders/courtorders/040521zor_3204.pdf

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