Breaking News

Monday round-up

At ten a.m. today the Court will hear oral arguments in Zivotofsky v. Kerry, in which it will consider the constitutionality of a federal statute that directs the Secretary of State, upon request, to record the birthplace of a U.S. citizen born in Jerusalem as “Israel.”  Lyle Denniston previewed the case for this blog, with other coverage coming from Nina Totenberg of NPR, David Savage for the Los Angeles Times, and Yonah Jeremy Bob in the Jerusalem Post.  Commentary on the case comes from Akiva Shapiro in The Wall Street Journal (subscription required), Garrett Epps for The Atlantic, Eugene Kontorovich of The Volokh Conspiracy (parts one and two), Marty Lederman at Just Security, Jack Goldsmith at Lawfare, Michael Ramsey at The Originalism Blog, Gershom Gorenberg in The American Prospect, and Peter Spiro at Opinio Juris.

The second argument tomorrow is the securities law case Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund.  Richard Booth previewed the case for this blog; commentary comes from Douglas Green and Claire Loebs Davis at the WLF Legal Pulse blog.

Richard Wolf of USA Today previews Wednesday’s oral argument in Yates v. United States, in which the Court will consider whether a commercial fisherman violated the anti-shredding provision of the Sarbanes-Oxley Act when he destroyed several undersized fish.  And Paul Larkin weighs in on the case at ACSblog.


  • At Slate, John Paul Rollert discusses how Justice Sonia Sotomayor “pushes other Supreme Court Justices past their comfort zones.”
  • At the Ogletree Deakins blog, Andrew Silvia, Danielle Vanderzanden, and Michael Ray discuss the denial of certiorari in a challenge to the Illinois Employee Classification Act.
  • At his Election Law Blog, Rick Hasen reports that the Court has added more time to next week’s argument in the Alabama redistricting cases.
  • At Hamilton and Griffin on Rights, Leslie Griffin discusses the amicus brief that she filed in a case (subsequently dismissed) involving the availability of a First Amendment defense for religious organizations in lawsuits filed by children who were victims of sexual abuse.

 [Disclosure:  Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in Omnicare and to the appellants in one of the Alabama redistricting cases.   However, I am not affiliated with the firm.]

Recommended Citation: Amy Howe, Monday round-up, SCOTUSblog (Nov. 3, 2014, 7:39 AM),