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Thursday round-up

Yesterday, Justice Kagan sat for a public interview in Colorado as part of the Aspen Institute’s McCloskey Speaker Series. She praised the Court’s collegiality as the most remarkable aspect of her first Term, but she deflected questions about whether she would recuse herself from reviewing challenges to the Affordable Care Act.  The Aspen Times, Aspen Daily News, and ABA Journal all have coverage, as does the Associated Press (via the San Antonio Express).

Continuing with health care, ABCNews reviews the two cases, pending at the Fourth and Eleventh Circuits, whose outcomes could affect the Court’s eventual decision to grant or deny cert. in the challenges to the Affordable Care Act. And this blog’s symposium on the constitutionality of the health care legislation continues with posts by Dawn Johnsen and John Kroger, who argue that the Affordable Care Act clearly falls within Congress’s constitutional powers, David Kopel, who argues that the Act likely violates the Tenth Amendment, and Ilya Shapiro, who predicts that the Court “will not issue a decision ratifying a more expansive use of the commerce power than it did in Raich.”


  • Richard Brust of the ABA Journal reports that the Green Bag, a quarterly law review, released a Justice Scalia baseball card earlier this month.

Recommended Citation: Kiran Bhat, Thursday round-up, SCOTUSblog (Aug. 4, 2011, 12:11 PM),