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Monday round-up

On Friday Oklahoma filed a petition for certiorari before judgment, asking to have its challenge to the availability of tax subsidies for its residents who purchase health insurance on an exchange established by the federal government reviewed when the Court hears oral argument next year in King v. Burwell, in which it has already granted cert.  Lyle covered that filing for this blog; Leland Beck also has coverage at his Federal Regulations Advisor.  And in his column for the Blue Ridge News, Lee Goldman predicts that when the Court does rule in King, it will rule in favor of the challengers and strike down the subsidies.


  • In The Washington Post, Robert Barnes previews next week’s oral argument in Elonis v. United States, in which the Court will consider a Pennsylvania man’s conviction for making threats on Facebook.
  • At Crime and Consequences, Kent Scheidegger discusses Ohio v. Clark, in which the Court will consider (among other things) whether a young child’s statements to a preschool teacher in response to questions about potential child abuse qualify as “testimonial” statements subject to the Confrontation Clause.
  • At Constitution Daily, Chris Edelson weighs in on Zivotofsky v. Kerry, the Jerusalem passport case, in which the Court heard oral argument earlier this month.
  • At Cato at Liberty, Ilya Shapiro discusses the amicus briefs that Cato filed in Century Exploration New Orleans v. United States (here, with Gabriel Lather) and Hickenlooper v. Kerr (here, with Julio Colomba).
  • At Re’s Judicata, Richard Re continues his series on the relationship between circuit precedent and clearly established law in the context of the good-faith exception to the exclusionary rule, and he notes that the Court could resolve some of the issues related to that exception this Term in Heien v. North Carolina.

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Recommended Citation: Amy Howe, Monday round-up, SCOTUSblog (Nov. 24, 2014, 8:25 AM),