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Wednesday round-up

Monday’s orders and opinions continue to generate coverage and commentary.

At this blog, Allison Christians analyzes the decision in PPL Corp. & Subsidiaries v. Commissioner, in which the Court unanimously held that the United Kingdom’s “windfall tax” is creditable against a company’s U.S. income tax liability.  Ilya Shapiro also covers the case at Cato@Liberty.  Also at this blog, Ronald Mann analyzes the opinion in Sebelius v. Cloer, another unanimous decision in which the Court held that an untimely National Childhood Vaccine Injury Act petition may qualify for an award of attorney’s fees if it is filed in good faith and there is a reasonable basis for its claim.

Other coverage of the Court focused on Monday’s opinion in City of Arlington v. FCC, in which the Court held by a six-to-three vote that courts must apply Chevron deference to an agency’s interpretation of a statutory ambiguity concerning the scope of the agency’s statutory authority.  Jess Bravin of The Wall Street Journal reports on the decision, as do David Savage of the Los Angeles Times and Daniel Fisher of Forbes, both of whom focus on the disparate views of two of the Court’s “leading conservatives”:  Justice Scalia, who wrote for the majority, and the Chief Justice, the author of the dissent.  And at Cato@Liberty, Ilya Shapiro opines that the case “should make us question the whole doctrine of Chevron deference.”

Monday’s order list also continued to spark coverage yesterday.  Among the cases in which the Court granted cert. was Town of Greece v. Galloway, in which the Court will consider whether a legislative prayer practice violates the Establishment Clause notwithstanding the absence of discrimination in the selection of prayer-givers or forbidden exploitation of the prayer opportunity.  Jess Bravin reports on the case for The Wall Street Journal, while at Think Progress Ian Millhiser suggests that the case “explicitly tees up the question of whether a government ‘endorsement’ of religion . . . is permitted under the Constitution,” and at Aaron Kase examines the different ways that the Court could resolve the dispute.  Finally, at JURIST G. Redd notes that among the Court’s cert. denials on Monday was a case in which an Alaskan village claimed that greenhouse gas producers “should be held accountable to the village for pollution that threatens its vitality.”


  • The Chief Justice’s speech in Jamestown, New York, to commemorate the tenth anniversary of the Robert H. Jackson Center is available at WGRZ News.
  • And Tom Goldstein’s commencement address at the University of New Mexico’s School of Law is available on the school’s website.

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, served as co-counsel to the petitioners in City of Arlington v. FCC.

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Recommended Citation: Conor McEvily, Wednesday round-up, SCOTUSblog (May. 22, 2013, 11:23 AM),