Breaking News

Tuesday round-up


  • Steve Eder of the Wall Street Journal Law Blog and Mark Hansen of the ABA Journal report on a recent survey which found that only one in three Americans can name a single Justice.
  • Adam Liptak of The New York Times reports on a study by Richard Hasen of the University of California, Irvine which found a decline in the number of instances in which Congress overrides the Court’s statutory interpretation.
  • Looking ahead to this fall’s oral arguments in Fisher v. University of Texas at Austin, ACSblog reports on an amicus brief, filed by several unions and the People for the American Way, that urges the Court to uphold the University of Texas’s admissions policy.  And Tom Goldstein of this blog links to an index of primary source materials that could be relevant to the case.

  • At the New Republic, Simon Lazarus traces the portion of the Chief Justice’s opinion in the health care cases upholding the individual mandate as a tax back to analyses by two well-respected conservative judges, Jeffrey Sutton of the Sixth Circuit and Brett Kavanaugh of the D.C. Circuit.
  • At the Huffington Post, Jamin Raskin argues that, if he were elected, Republican presidential nominee Mitt Romney would nominate Supreme Court Justices who “would surely accelerate the wide-ranging and ongoing attack in the Roberts Court on the rights of middle-class consumers, workers, voters, patients and shareholders.”
  • In the wake of the Chief Justice’s order allowing Maryland to continue collecting DNA samples from arrestees until the Court can rule on the constitutionality of the practice, the editorial board of The Oklahoman expresses discomfort “with compelling someone to provide a DNA sample before guilt is established.”
  • This blog’s symposium commemorating the fiftieth anniversary of the publication of Alexander Bickel’s The Least Dangerous Branch continues with posts by Barry Friedman and Sanford Levinson.

Recommended Citation: Kiran Bhat, Tuesday round-up, SCOTUSblog (Aug. 21, 2012, 9:44 AM),