Tuesday round-up

By Nabiha Syed
on Sep 6, 2011 at 9:04 am

On Friday, the Court released its third and final summer order list.  As Lyle Denniston of this blog reported, “the entries were routine.”  The next order list will be issued after the opening Conference of the new Term, which is currently scheduled for Monday, September 26.

 

Also on Friday, Kent Scheidegger of Crime and Consequences briefly discussed the petition in Arizona v. United States, in which the state asks the Court to review the Ninth Circuit’s decision precluding enforcement of four provisions of S.B. 1070, its controversial immigration law.  Scheidegger predicts that the petition “has a much better than average chance of being granted.”

 

On Friday, Christa Culver posted the blog’s fourth installment of “Petitions to watch” for the September 26 Conference.  Other petitions to watch are available here, and we will update the list as additional cases are distributed for that Conference.

 

Briefly:

•   At Verdict, Vikram David Amar examines the issues in Fisher v. University of Texas, in which a group of applicants to the University of Texas has challenged the constitutionality of that school’s race-based admissions policy.  Amar focuses in particular on how Justice Kennedy might vote in the case and finds “one thing clear: he certainly would be likely to find fault with the deferential approach of the Fifth Circuit.”

 

•  Michael Kirkland of UPI looks at a petition for rulemaking submitted to the Securities and Exchange Commission calling for the reform of corporate political spending in light of Citizens United v. FEC. (Hat-tip to Howard Bashman of How Appealing for the link.)