on Oct 14, 2010 at 10:25 am
In Skinner, the Court is considering whether a convicted prisoner seeking access to DNA evidence can assert that claim in a civil rights action. CNNâ€™s Bill Mears notes that the oral arguments â€œstayed away from the specifics of the crime and subsequent trial,â€ and while Robert Barnes of the Washington Post similarly observes that â€œdrama was missingâ€ from the â€œtechnicalâ€ arguments. The New York Times, the Christian Science Monitor, USA Today, Courthouse News Service, JURIST, and the Associated Press Â also have coverage of the arguments. Â SCOTUSblogâ€™s own Mary Fischer has a three-part series providing background on the case (Part 1, Part 2, Part 3). In Kasten, the Court is considering whether an oral complaint (as opposed to a written one) is protected under the Fair Labor Standards Act. Courthouse News Service, the Associated Press, and the National Law Journal all cover the oral argument, which focused on the meaning of the statuteâ€™s use of the word â€œfile.â€
Snyder v. Phelps, last weekâ€™s First Amendment case, continues to generate commentary. At Jost on Justice, Kenneth Jost argues that the Court should not carve out an exception to First Amendment protection for military funerals, emphasizing that â€œthe ruling that punishes the Phelpses today may punish more worthy speakers tomorrow.â€ At the Witherspoon Instituteâ€™s Public Discourse blog, Hadley Arkes argues that the Justices â€œbegan to back into the reasoningâ€ of â€œthe classic case of Chaplinsky v. New Hampshireâ€ during oral argument.
- U.S. News reports that the Courtâ€™s â€œapproval rating is at one of its lowest points over the last decade.â€
- Justice Breyer, the Circuit Justice for the First Circuit, has refused to issue a stay in a Maine campaign finance case, as Lyle Denniston of SCOTUSblog and Rick Hasen of Election Law Blog report.
- Slateâ€™s Dahlia Lithwick reviews Justice Breyerâ€™s book, Making Our Democracy Work. She calls it a â€œgreat readâ€ and â€œan invitation to a much more civilized and nuanced conversation about the relationship between Americans, their government, and their freedom.â€
- At Salon, Glenn Greenwald argues that Justice Kaganâ€™s votes in the Courtâ€™s refusal to stay an execution earlier this Term and its denial of certiorari in Weise v. CasperÂ on Tuesday (which Adam covered in yesterdayâ€™s round-up) â€œshed some minimal light on how she is approaching her roleâ€; Kagan did not join Justices Ginsburg and Sotomayor in voting to stay the execution of Teresa Lewis in Virginia, nor did she join those Justices in their dissent from the denial of certiorari in Weise.