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Tuesday round-up

Commentators continue to discuss the effects that the Court’s June decision in Wal-Mart v. Dukes will have on class-action lawsuits.  At the Huffington Post, Dave Jamieson describes the holding as a vehicle “to give large corporations an upper hand against their employees in court,” citing a California judge’s reliance on the case last week to decertify a class in a suit against Dollar Tree.  In an analysis for Reuters, Moira Herbst argues Wal-Mart has had little or no effect in some cases, but only because judges have concluded that it did not apply to the case before them.

Yesterday, a new cert. petition was filed in a case involving whether the Constitution protects the rights of same-sex couples as parents.  Lyle Denniston reports on the facts of the case, Adar v. Smith (11-46), here.  The Dallas Voice, Talk Radio News Service, LGBTQ Nation, and the Associated Press (via the Wall Street Journal) all have additional coverage.


  • The Wall Street Journal Law Blog discusses the suggestion by Justice John Paul Stevens that he may have retired too early.
  • At the Weekly Standard, Adam J. White explains why, in his view, Justice Samuel Alito “has emerged as the Court’s Burkean justice” after his opinions in three recent free speech cases:  Snyder v. Phelps, Brown v. EMA, and United States v. Stevens.
  • The Legal Pulse blog of the Washington Legal Foundation interviews former Solicitor General Gregory Garre on the Solicitor General’s Office, the October 2010 Term, and the Court’s shrinking docket.

Recommended Citation: Kiera Flynn, Tuesday round-up, SCOTUSblog (Jul. 12, 2011, 3:16 PM),