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Monday round-up

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This weekend’s coverage of the Court focuses on the results of Friday’s Conference, as well as two of the cases that are set for oral argument this week.

As Lyle reported onFriday, the Justicesdid not act on the ten petitions involving same-sex marriage that were scheduled for review at last weeks Conference. Additional coverage of the Court’s failure to act on the same-sex marriage cases comes from Greg Stohr ofBloomberg News, Terry Baynes ofReuters, Jess Bravin of The Wall Street Journal, Marcia Coyle at theBlog of the Legal Times, David Savage of theLos Angeles Times, Bob Egelko of theSan Francisco Chronicle, Wendy S. Goffe atForbes, Ariane de Vogue ofABC News, Gabrielle Levy ofUPI, andCheryl Wetzsteinof TheWashington Times.

The Justices did, however, grant cert.in two cases, Association for Molecular Pathology v. Myriad GeneticsandMutual Pharmaceutical v. Bartlett. In the former case, the Justices will consider whether taking a human gene out of the body for research is a process that can be patented; coverage of this grant comes fromGreg StohrandSusan Decker ofBloomberg News,Jonathan Stempel ofReuters,Adam Liptak of TheNew York Times,Daniel Fisher ofForbes, David Kravets of Wired, and at the blogOpposing Views. In the latter case, the Court will again return to the question of the liability of the makers of generic drugs for design-defect claims; coverage of this grant comes from Greg Stohr ofBloomberg News, theAssociated Press,Terry Baynes and Jonathan Stempel ofReuters, and Brent Kendall of TheWall Street Journal(subscription required).

Also over the weekend, Lyle previewed two of the five cases in which the Court is set to hear oral arguments this week. Today in Genesis HealthCare Corp. v. Symczyk, in which the Court will consider whether a workers pay casecan continue if there is an offer to provide everything that the plaintiff sought, butshe also purported to bring her lawsuit on behalf of similarly situated workers; tomorrow in Sebelius v. Auburn Regional Medical Center, the Court will consider the grace period in which health care providers can file late claims for Medicare reimbursement from the federal government.

Briefly:

  • In an op-ed for theLos Angeles Times, Michael Cannon argues that the Affordable Care Act remains vulnerable in light of the Court’s ruling on the Medicaid expansion last Term inNationalFederation of Independent Business v. Sebelius.
  • U.S. News and World Reportshighlights a new study that suggests that a Justice’s interruption of counsel at oral argument may indicate how he or she will rule.
  • In the wake of the Court’s grant of cert. inShelby County v. Holder,Corey Dade of NPR examines whether the Voting Rights Act has become “outdated.”
  • Bloomberg News’sTom Schoenbergreports that the Department of Justice has deferredfurther proceedings in a lawsuit filed by Texas over the states voter identification law until the Courtrules on the constitutionality of Section 5 the Voting Rights Act inShelby County.
  • Bill Hanna of theFort Worth Star-Telegramcovers the Solicitor General’s recommendation that the Court grant cert. in Tarrant Regional Water District v. Herrmann.
  • C-SPAN has posted avideoofa Brookings Institution discussion that features Justice Stephen Breyer. The discussion focused on constitutionalism and China.
Recommended Citation: Marissa Miller, Monday round-up, SCOTUSblog (Dec. 3, 2012, 12:00 AM), https://www.scotusblog.com/2012/12/monday-round-up-148/