Wednesday round-up
on Nov 12, 2014 at 8:23 am
Last week’s cert. grant in King v. Burwell, in which the Court will consider whether tax subsidies are available to individuals who purchase their health insurance on an exchange operated by the federal government, continues to dominate coverage and commentary. In his column for Bloomberg View, Noah Feldman contends that the grant, along with the likelihood that the Court will weigh in on same-sex marriage this Term, will “transform the current Supreme Court term into a blockbuster — and the linkage relationship between them will be all-important.” At the Ogletree Deakins blog, Hera Arsen summarizes the issues in the case, while at the Pacific Legal Foundation’s Liberty Blog Ethan Blevins urges the Justices to “apply the law as written even when the results seem absurd or unintended.” At ACSblog, Timothy Jost addresses what he characterizes as truths and myths about the challenges, while at The New Republic Brian Beutler lists “eight reasons for the ACA’s supporters to stop freaking out—at least for now.”
Briefly:
- At the Legal Times (subscription or registration required), Tony Mauro reports on the controversy surrounding the scheduled remarks by Justice Samuel Alito at the Federalist Society convention this week; a publicist originally indicated that the event would be closed to the press, but later clarified that “pen and paper” media would be admitted to the event.
- At Re’s Judicata, Richard Re looks at how “three apparently unrelated cases . . . implicate the Supreme Court’s ability to send non-precedential signals to lower courts.”
- Howard Fischer of Capitol Media Services (via Your West Valley) reports on the filing by lawyers for the ACLU, who have asked the Supreme Court not to intervene in a dispute over an Arizona law that would deny bail to undocumented immigrants.
- Also at Bloomberg View, Noah Feldman discusses T-Mobile South v. Roswell, in which the Court is considering whether a local government can satisfy the Communication Act’s “in writing” requirement with a document indicating only that the application has been denied.
- At Truthdig, Bill Blum discusses the role of Chief Justice John Roberts on the Bush legal team in Bush v. Gore and criticizes the failure of Senate Democrats to ask about that role.
- In an op-ed in The Wall Street Journal (subscription required), Edward Blum weighs in on the Alabama redistricting cases, slated for argument today.
- The Constitutional Accountability Center continues its series on the Chief Justice as he enters his tenth Term with a post on the Roberts Court’s campaign finance and voting rights jurisprudence.
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