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Tuesday round-up

Last week Nebraska and Oklahoma asked the Justices to allow them to file a lawsuit seeking to block part of Colorado’s scheme for the legalization of marijuana.  There is a series of posts at The Volokh Conspiracy discussing the case:  Eugene Volokh has some “small observations” about the lawsuit; Jonathan Adler suggests that the suit “makes Oklahoma and Nebraska look like fair-weather federalists”; Randy Barnett contends that the lawsuit “seriously misreads the Supreme Court’s decision in Gonzales v. Raich”; Ilya Somin argues that, if Nebraska and Oklahoma were to prevail, theywill also have set a very dangerous precedent – one that conservatives are likely to rue in other areas”; and Eugene Volokh adds that, although he is “skeptical about the case,” he also believes that “”the contrary argument [is] worth noting.” 


  • At the Impudent Bankruptcy Lawyer, Kevin McGee surveys the bankruptcy issues before the Court this Term.
  • Fix the Court has a year-end report that suggests changes to the Court intended to create a “more open and accountable” institution.
  • At the Appellate Practice Blog of the International Municipal Lawyers Association, Lisa Soronen discusses the Court’s decision in Heien v. North Carolina, concluding that it constitutes a “win,” but not a “free pass” for law enforcement.
  • At BuzzFeed, Chris Geidner reports that the Court “is set to consider on Jan. 9 whether it will hear appeals of same-sex couples’ marriage challenges in cases out of five states.”

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Recommended Citation: Amy Howe, Tuesday round-up, SCOTUSblog (Dec. 23, 2014, 5:43 AM),