Monday round-up
On Friday, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit held that President Obama’s recess appointments to the National Labor Relations Board violated the Constitution. Because of the political consequences of this decision, as well as the split among the circuits that this decision creates, there is a strong possibility that this case will ultimately reach the Court. Lyle reports on the decision forthis blog, andadditional coverage discussing the likelihood of review by the Court comes fromTom Schoenberg of Bloomberg News (hereandhere),David Savage and Jim Puzzanghera of theLos Angeles Times, Melanie Trottman,Jess Bravin, andMichael Crittenden of TheWall Street Journal,David Jackson ofUSA Today,Brad Knickerbockerof TheChristian Science Monitor,Rick Ungar ofForbes, Josh Gerstein ofPolitico, Emily Bazelon atSlate, Charlie Savage and Steven Greenhouse of The New York Times, Robert Barnes and Steven Mufson of The Washington Post, and Garrett Epps at TheAtlantic.
Although the Courts next oral arguments are several weeks away, the weekends clippingsalso feature continuing coverage of cases that are scheduled for argument later this Term. AtReuters, Joan Biskupic reports on the efforts of the parties in Hollingsworth v. Perry, the challenge to Californias Proposition 8, to influence the Department of Justice, while at theLos Angeles Times,David Savage covers the arguments contained in the briefs defending DOMA and Proposition 8. In The New York Times, the Room for Debatediscusses Adoptive Couple v. Baby Girl, in which the Court will consider the interpretation of the Indian Child Welfare Act; finally, also at TheNew York Times, Dan Frosch discusses the case in the context of a shortage of Indian foster parents.
Briefly:
- Ethan Bronner of TheNew York Timesand Rachel Zoll of theAssociated Pressreport on the legal challenges to the Affordable Care Acts birth control mandate and the likelihood that one of these cases may be headed to the Court.
- At herOn the Caseblog for Reuters, Alison Frankel discusses the possibility that the Justice Department has changed its view onwhether state-law product liability claims against generic drugmakers are barred because generics are required by federal law to carry warning labels approved by the FDA, a question at issue in this TermsMutual Pharmaceutical Co. v. Bartlett.
- David Gonzalez of The New York Times reports on the closing of Justice Sonia Sotomayor’s elementary school in the Bronx and the Justice’s reaction to this news.
- Cato @ Libertys Ilya Shapiro discusses the Courts denial of cert. inHall v. Sebelius, a challenge to government policies that deny otherwise eligible retirees their Social Security benefits if they choose not to enroll in Medicare.
- AtSalon, law professor Paul Campos criticizes Chief Justice John Roberts for teaching in Europe in the summer, arguing that these courses are effectively paid for by law students who are financially wrecking themselves by borrowing those dollars to pay for useless degrees.
- TheWashington Postpublishes an obituary for Frank Lorson, the Courts former chief deputy clerk, who passed away on January 11.
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