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Tuesday round-up

Yesterday’s headliner was the oral argument in Zivotofsky v. Kerry, in which the Court is considering 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 covered the oral argument for this blog, with other coverage coming from Nina Totenberg of NPR, Tony Mauro of the Supreme Court Brief, Jaclyn Belczyk of JURIST, and Bill Mears of CNN.  Commentary comes from Malvina Halberstam at Hamilton and Griffin on Rights and Yishai Schwartz in The New Republic.  And at ISCOTUSnow, Edward Lee predicts the winners in both Zivotofsky and the other oral argument yesterday, Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, based on the number of oral argument questions. 

Yesterday the Court also issued orders from its October 31 Conference.  Perhaps most notably, it did not act on the challenge to the availability of tax subsidies under the Affordable Care Act for individuals who purchase health insurance on marketplaces established by the federal government.  Lyle Denniston covered the orders for this blog, with other coverage and commentary coming from Peter Snyder of JURIST, who reported on the denial of review in a Senate filibuster challenge, and Kent Scheidegger of Crime and Consequences.


  • In the Supreme Court Brief, Tony Mauro reports on the technical difficulties with the Court’s clocks yesterday as a result of Sunday morning’s time change.
  • At Greenwire, Jeremy P. Jacobs previews tomorrow’s oral arguments 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.
  • At his Election Law Blog, Rick Hasen links to his contribution to the “Room for Debate” feature at The New York Times, in which he argues that “[w]e don’t need an amendment to the Constitution guaranteeing the right to vote. What we need is a Supreme Court guaranteeing that right through already existing parts of the United States Constitution, such as the right to equal protection.”
  • At the International Municipal Lawyers Association’s Appellate Practice Blog, Lisa Soronen discusses the issues in City of Los Angeles v. Patel, in which the Court granted cert. last week to review whether hotel owners can be required to provide their guest lists to the police.
  • In the Orange County Register, Terri Sforza previews today’s oral argument in Department of Homeland Security v. MacLean, the air marshal whistleblower case.


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


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Recommended Citation: Amy Howe, Tuesday round-up, SCOTUSblog (Nov. 4, 2014, 7:37 AM),