Monday round-up

This weekends clippings address the Court’s role in the upcoming presidential election and provide additional coverage of last week’s oral arguments inFisher.

On Friday, President Obama’s re-election campaign filed a brief in which it urged the Court not to block the Sixth Circuits decision precluding the state from limiting early voting during the weekend before election day. Lyle covered the filing (as well as the states reply) over the weekend; additional coverage comes fromBloombergs Greg Stohr, TheWashington Posts Robert Barnes,Terry Baynes of Reuters, and theAssociated Press. At hisElection Law Blog, Rick Hasen reports on the filings and discusses the Obama campaigns citation to the Courts 2000 decision in Bush v. Gore.

Additional discussion of the Court’s role in the election comes from Mark Sherman of theAssociated Press, who notes that despite the closely divided Court, four Justices in their seventies, and two candidates with drastically different views of the ideal nominee, the candidates have said very little about the Court. AtUPI, Michael Kirkland discusses what effect, if any, the fight over voter ID laws might have on the election, as well as how the Justices might rule on those cases.

Finally, this weekend’s coverage included additional discussion of, and commentary on, last weeks arguments inFisherv.University of Texas at Austin, the challenge to the universitys use of race in its undergraduate admissions process. In TheNew York Times, David Leonhardt suggests that the strategic decision by supporters of affirmative action to emphasize diversity over fairness is a big reason they find themselves in such a vulnerable position today. At TheWashington Post, Nick Anderson reports that D.C.-area colleges are wary of how the case will be resolved.

Briefly:

• Ethan Broner of TheNew York Timesand David Ashenfelter of theDetroit Pressreport on the uncertainty over whether last Term’s decisions inJackson v. HobbsandMiller v. Alabama holding that mandatory sentences of life without parole for juveniles convicted of murder are unconstitutional apply retroactively.
• The Associated Press (via theNew Jersey Star Ledger) reports on Sidamon-Eristoff v. New Jersey Food Council, scheduled for consideration at the Courts October 26 Conference, in which New Jersey has asked the Court to force retailers to turn over balances left on pre-paid store gift cards. TheWall Street Journal(subscription required) also has coverage.
• AtPrawfsBlawg, Sergio Campos discusses whetherclass certification requires common proof of injury for every class member, an issue the Court will take up this Termin two cases,Amgen, Inc. v. Connecticut Retirement Plans and Trust FundsandComcast v. Behrend.