Breaking News

Tuesday round-up

The Court granted cert. yesterday in one new case, Reichle v. Howards.  The case arises out of the arrest by Secret Service agents of a Colorado man who expressed anti-war views and touched the shoulder of then-Vice-President Richard Cheney.  The Court will consider whether the fact that the agents had probable cause to make the arrest bars the respondent, Steven Howards, from making a First Amendment retaliatory arrest claim against them, as well as whether the Tenth Circuit erred in denying the agents immunity, thereby allowing the lawsuit to go forward.  Lyle Denniston covered the grant and other orders issued by the Court for this blog. Bloomberg, the Washington Post, the Associated Press, USA Today, the Los Angeles Times, the New York Times, the Wall Street Journal’s Law Blog, the Christian Science Monitor, CNN, Reuters, and ABC News also have coverage.

In other news from the order list, the Court denied cert. in Bronx Household of Faith v. New York City Board of Education, a case involving the use of public school facilities for weekend worship services. Education Week’s School Law Blog  has coverage, as do the New York Timesand the Associated Press have coverage. At Concurring Opinions, Nicole Huberfeld covers another denial, Blackstone Medical, Inc. v. United States ex rel. Hutcheson.

After issuing orders yesterday, the Court returned to questions of immunity, this time to hear oral argument in Messerschmidt v. Millender. In Messerschmitt, the Justices are considering immunity for police officers with an over-broad warrant executing a search for guns and evidence of gang activity. Orin Kerr describes his reactions to the oral argument at the Volokh Conspiracy, and he notes with surprise the “pushback” that Messerschmidt’s counsel received from Justice Scalia.  David Savage of the Los Angeles Times and Mike Sacks of the Huffington Post also covered the oral argument.

Turning to one of today’s arguments, Williams v. Illinois, Mike Sacks of the Huffington Post predicts that when the Court does finally issue its decision, Justice Kennedy will dissent in a Confrontation Clause case for the third time in three years. Tom Goldstein previewed the case for the case for this blog.

Looking ahead, Bloomberg and Forbes preview tomorrow’s arguments in Mayo Collaborative Services v. Prometheus Laboratories  (h/t Howard Bashman).


  • The op-ed on recusal and the health care cases by former federal judge and Attorney General Michael Mukasey (which Joshua covered yesterday) generated responses from Jonathan Adler at the Volokh Conspiracy and Carrie Severino at the National Review Online’s Bench Memos.
  • At PrawfsBlawg, Ryan Scoville discusses the Court’s severability jurisprudence.
  • At The Hill’s Congress Blog, Congressman Leonard Lance urges the Justices not to postpone a ruling on the constitutionality of the ACA’s individual mandate until after the law goes into effect.
  • Politico has a health care forecast highlighting specific aspects of the litigation to watch.
  • At Concurring Opinions, Gerard Magliocca has a post titled “Another interesting case you’ve never heard of” summarizing the 1947 decision in  Kotch v. Board of River Boat Pilots Commissioners for the Port of New Orleans.

Recommended Citation: Kali Borkoski, Tuesday round-up, SCOTUSblog (Dec. 6, 2011, 4:00 PM),