Some coverage of the Court focuses on recent decisions by the courts of appeals striking down state bans on same-sex marriage and the likelihood that the Supreme Court will take up the issue. (Because the round-up only focuses on news relating to the Court, here and elsewhere we do not include coverage of issues such as same-sex marriage, the death penalty, and the challenges to the Affordable Care Act that are not focused primarily on the Supreme Court.) In The New York Times, Adam Liptak looks at a concurring opinion in the Tenth Circuit, in which Judge Jerome Holmes indicated that “animus toward gay people had played no role in the ban” that the court of appeals was striking down; that statement, Liptak suggests, “may foreshadow a problem for gay rights advocates at the Supreme Court.”
At the Text and History Blog, Brianne Gorod outlines why, in her view, the Supreme Court may not weigh in on the latest challenges to the Affordable Care Act – specifically, to the availability of tax subsidies for individuals who bought health insurance on federally facilitated exchanges. By contrast, in his column for BlueRidgeNow.com, LeRoy Goldman urges the Court to step in, arguing that “[t]hese cases present an issue of grave constitutional consequence that goes far beyond the subsidies.”
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