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Tuesday round-up

Today the Court will hear oral arguments in two highly anticipated cases.  In Susan B. Anthony List v. Driehaus, the Court will consider a First Amendment challenge to an Ohio law that criminalizes false political statements. Lyle Denniston previewed the case for this blog.  Other coverage comes from Katie Barlow and Nina Totenberg at NPR, while in his “Drama at the Court” series for ISCOTUSnow, Christopher Schmidt looks back at United States v. Alvarez, a recent case in which the Court struck down criminal penalties for lying about military honors.  In American Broadcasting Companies v. Aereo, the Court will consider whether Aereo’s streaming of broadcast television programs over the Internet violates federal copyright laws.  Lyle Denniston previewed the case for this blog, while I did the same in Plain English and Kali Borkoski added a discussion (audio) with some of the players in the case.   Other coverage of the Aereo case comes from Nina Totenberg at NPR (audio), Bloomberg TV, and Edward Lee at ISCOTUSnow (video). 

Yesterday the Court issued orders from its April 18 Conference.  Lyle Denniston covered the order list for this blog, while coverage of the Court’s grant in Zivotofsky v. Kerry, in which the Court will consider whether Israel should be noted as the place of birth for a U.S. citizen born in Jerusalem, comes from Bill Mears of CNN and Benjamin Minegar of JURIST.  At, Damon Root urges the Court to grant review in Drake v. Jerejian, a Second Amendment case from the April 18 Conference that was relisted for consideration again at Friday’s Conference.

The Court also heard oral arguments in two cases yesterday.  In Republic of Argentina v. NML Capital, it is considering whether U.S. courts can order disclosure of information about a foreign country’s assets around the world.  Lyle Denniston reported on the oral argument for us, with other coverage coming from Robert Barnes of The Washington Post and Jaclyn Belczyk for JURIST.  In POM Wonderful v. The Coca-Cola Company, it is considering whether a private party can bring a Lanham Act claim challenging a product label regulated under the Food, Drug, and Cosmetic Act.  Coverage of the POM Wonderful argument comes from Susan Berfield of BloombergBusinessweek, Robert Barnes of The Washington Post, Adam Liptak of The New York Times, Aaron Taube of Business Insider,  Richard Wolf of USA Today, Jacob Gershman at The Wall Street Journal’s Law Blog, Sam Hananel of the Associated Press (via Yahoo! News), and Diane Bartz of Reuters.

Still more Court-related news came from retired Justice John Paul Stevens, who continues to promote his new book.  Richard Wolf reports on the book and recent remarks by Stevens for USA Today, while Adam Liptak interviewed Stevens for The New York Times.   Other coverage of Stevens and his book come from Adam Teicholz of ABC News, who reports on George Stephanopoulos’s interview with Stevens for This Week, and Richard Hasen, who at his Election Law Blog criticizes comments by Stevens on partisan gerrymandering as “wholly unconvincing.”


  • At the Brennan Center for Justice’s blog, Ciara Torres-Spelliscy discusses the recent denial of certiorari in Iowa Right to Life Committee v. Tooker, the challenge to Iowa’s ban on corporate campaign contributions.
  • In The Tampa Tribune, William March reports on yesterday’s denial of certiorari in a case seeking review of a lower court ruling that invalidated efforts by Florida governor Rick Scott to subject state employees to random drug tests.

[Disclosure:  Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in POM Wonderful.  However, I am not affiliated with the firm.]

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Recommended Citation: Amy Howe, Tuesday round-up, SCOTUSblog (Apr. 22, 2014, 7:11 AM),