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Wednesday round-up

As Lyle reported for this blog (and as Sarah noted in yesterday’s round-up), on Monday Justice Ginsburg denied a nursing home company’s request to stay the enforcement of a National Labor Relations Board order.  The stay application stemmed from a challenge to the President’s authority to make recess appointments; after Justice Ginsburg denied the application, the company responded by asking to have its application referred to Justice Scalia.  In addition to the coverage provided in yesterday’s round-up, Mara Lee of the Hartford (Ct.) Courant, Lauren Smith of Roll Call, Vince Coglianese of The Daily Caller, and Damon W. Root at all provide additional coverage. 


  • SCOTUSblog’s online gene patenting symposium continues with posts by Charles Rothfeld on the practicalities of patenting a gene, and by Professor Robin Feldman on the “conversation . . . between the court and the Federal Circuit.”
  • At the National Review Online, Ron Unz examines the use of race by Ivy League universities in the wake of the Court’s 1978 ruling in University of California v. Bakke.
  • At The Atlantic, Andrew Cohen surveys the “remarkable array” of amicus briefs filed in Shelby County v. Holder, in which the Court will consider the constitutionality of Section 5 of the Voting Rights Act.
  • At this blog, Lyle Denniston discusses the options available to Solicitor General Don Verrilli in Hollingsworth v. Perry, the challenge to the constitutionality of California’s Proposition 8.
  • At this blog, Amy Howe provides a copy of the remarks made by Justice Ginsburg at the funeral of Frank Lorson, who served as the Chief Deputy Clerk at the Supreme Court for over twenty years.
  • Discussing the recent decision by the Department of Defense to allow women to serve in combat, as well as the announcement by the Boy Scouts that it will consider its ban on gay members, Cass R. Sunstein of Bloomberg View explains that although “[w]e often think that our rights are established by the Constitution and by the Supreme Court, interpreting that document,” “some of our most important rights, as we understand and live them, are a product of changing social values, which . . . sometimes even [affect] constitutional law.”
  • The winter edition of Appellate Issues contains a summary of an interview of Justice Scalia by Kannon Shanmugam, his former clerk, at the Appellate Judges Education Institute Summit.
  • Finally, Justice Sotomayor continued to promote her new memoir My Beloved World by making an appearance on The Colbert Report.

Recommended Citation: Conor McEvily, Wednesday round-up, SCOTUSblog (Feb. 6, 2013, 9:10 AM),