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Wednesday round-up

We have changed our round-up format!  In an effort to simplify the process for our round-up team, going forward we will only include in the round-up news articles and posts that are submitted to us.  If you have (or know of) an article or post that you would like to have included in the round-up, please send a link to roundup [at] so that we can consider it.


  • Court watchers continue to comment on retired Justice Sandra Day O’Connor’s recent remarks to the Chicago Tribune in which she expressed doubts about the Court’s cert. grant in Bush v. Gore.  At the New Yorker, Jeff Toobin observes that, although the Justice’s comments were “not a full-fledged denunciation” of the Court’s decision, they did constitute “a decided shift in O’Connor’s views.”  What has changed, Toobin suggests, is “[t]he Republican Party – O’Connor’s Republican Party.”  [Disclosure: The law firm of Thomas C. Goldstein, P.C., now known as Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, was among the counsel to respondent Al Gore in that case.]
  • Jeremy Leaming at ACSblog notes that with the Court’s decision in Hollingsworth v. Perry – the challenge to the constitutionality of California’s prohibition on same-sex marriage – pending, “a number of progressive-leaning states are moving forward” and allowing same-sex couples to wed.  He argues that “[i]t’s moving that lawmakers in some states recognize the beauty of diversity and cherish equality, but history shows that often too many lawmakers and people are content to stick with the status quo, no matter how ignoble.”  [Disclosure: Tejinder Singh of the law firm Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, was among the counsel on an amicus brief filed by international human rights advocates in support of the respondents in Perry.]
  • The Associated Press (via the Fort Wayne (Ind.) News-Sentinel) reports on recent remarks by Justice Kagan at a judicial conference in Indianapolis.  The Justice thanked former Senator Richard Lugar for voting in favor of her confirmation, characterizing that vote as “brave.”
  • At Crime and Consequences, Kent Scheidegger reports that Justice Scalia denied a stay application submitted by Texas death row inmate Carroll Joe Parr.
  • At this blog’s “Petitions to watch” feature, Mary Dwyer lists the petitions that Tom has determined to have a reasonable chance of being granted in the Court’s May 9, 2013 Conference.

Recommended Citation: Conor McEvily, Wednesday round-up, SCOTUSblog (May. 8, 2013, 10:22 AM),