on Jul 12, 2011 at 3:16 pm
Commentators continue to discuss the effects that the Courtâ€™s June decision in Wal-Mart v. Dukes will have on class-action lawsuits.Â At the Huffington Post, Dave Jamieson describes the holding as a vehicle â€œto give large corporations an upper hand against their employees in court,â€ citing a California judgeâ€™s reliance on the case last week to decertify a class in a suit against Dollar Tree.Â In an analysis for Reuters, Moira HerbstÂ 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.Â Lyle Denniston reports on the facts of the case, Adar v. Smith (11-46), here.Â 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 â€œhas emerged as the Courtâ€™s Burkean justiceâ€ after his opinions in three recent free speech cases:Â 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 Generalâ€™s Office, the October 2010 Term, and the Courtâ€™s shrinking docket.