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Monday round-up

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 on Friday, the Justices did not act on the ten petitions involving same-sex marriage that were scheduled for review at last week’s Conference. Additional coverage of the Court’s failure to act on the same-sex marriage cases comes from Greg Stohr of Bloomberg News, Terry Baynes of Reuters, Jess Bravin of The Wall Street Journal, Marcia Coyle at the Blog of the Legal Times, David Savage of the Los Angeles Times, Bob Egelko of the San Francisco Chronicle, Wendy S. Goffe at Forbes, Ariane de Vogue of ABC News, Gabrielle Levy of UPI, and Cheryl Wetzstein of The Washington Times.

The Justices did, however, grant cert. in two cases,  Association for Molecular Pathology v. Myriad Genetics and Mutual 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 from Greg Stohr and Susan Decker of Bloomberg News, Jonathan Stempel of Reuters, Adam Liptak of The New York Times, Daniel Fisher of Forbes, David Kravets of Wired, and at the blog Opposing 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 of Bloomberg News, the Associated Press, Terry Baynes and Jonathan Stempel of Reuters, and Brent Kendall of The Wall 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 case can continue if there is an offer to provide everything that the plaintiff sought, but she 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.


  • In an op-ed for the Los 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 in National Federation of Independent Business v. Sebelius.
  • U.S. News and World Reports highlights 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. in Shelby County v. Holder,Corey Dade of NPR examines whether the Voting Rights Act has become “outdated.”
  • Bloomberg News’s Tom Schoenberg reports that the Department of Justice has deferred further proceedings in a lawsuit filed by Texas over the state’s voter identification law until the Court rules on the constitutionality of Section 5 the Voting Rights Act in Shelby County.
  • Bill Hanna of the Fort Worth Star-Telegram covers the Solicitor General’s recommendation that the Court grant cert. in Tarrant Regional Water District v. Herrmann.
  •  C-SPAN has posted a video of a 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, 9:30 AM),