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Thursday round-up


  • In the ABA Journal, Mark Walsh looks back at the “seemingly unprecedented rate” at which amicus briefs were filed last Term, as well as the role played by amicus briefs in some of the major cases.
  • At The Daily Beast, Adam Winkler criticizes recent comments by Justice Ruth Bader Ginsburg indicating that she has no intention of retiring soon.  Winkler suggests that “this is a time for Ginsburg to be concerned about her legacy,” because “[t]he person who appoints her replacement will shape the court, locking in a conservative or liberal vote for up to 30 or more years.”
  • Earlier this summer, Justice Sonia Sotomayor presided over a reenactment of the oral argument in Flood v. Kuhn, the challenge to major league baseball’s antitrust exemption.  Mark Walsh reports on the event for the ABA Journal.
  • At Cato at Liberty, Ilya Shapiro discusses the amicus brief filed by Cato in Marek v. Lane, a challenge to a settlement between Facebook and its users in a privacy class action.  The Ninth Circuit upheld the settlement, which compensates the plaintiffs’ lawyers but does not give anything to the class members; lawyers challenging the settlement have now asked the Court to review the Ninth Circuit’s decision.

Recommended Citation: Amy Howe, Thursday round-up, SCOTUSblog (Aug. 29, 2013, 8:20 AM),