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Wednesday round-up

At their private Conference tomorrow, the Justices will consider the petition in Fisher v. University of Texas at Austin, the challenge to the university’s use of affirmative action in its undergraduate admissions process.  The editorial board of The Wall Street Journal urges the Court to grant review in the case again, as do Roger Clegg at the National Review’s Bench Memos blog and Richard Kahlenberg at The Chronicle of Higher Education.

Monday’s opinions continue to spur commentary.  At Justia’s Verdict, Michael Dorf argues that the case made by Justices Antonin Scalia and Clarence Thomas against the dormant Commerce Clause in Comptroller v. Wynne, in which the Court struck down a portion of Maryland’s personal income tax scheme, is grossly overstated.  Noah Feldman also weighs in on Wynne in his column for Bloomberg View, observing that the decision “drew one of the strangest 5-4 lineups I’ve ever seen.”  And at his Understanding the Americans with Disabilities Act blog, William Goren has three “takeaways” from the decision in City and County of San Francisco v. Sheehan, in which the Court held that two police officers were entitled to qualified immunity from a lawsuit filed by a mentally disabled woman whom they shot.


  • In The National Law Journal (subscription or registration required), Tony Mauro reports that retired Justice John Paul Stevens “criticized Major League Baseball’s antitrust exemption in a speech last week that came as the high court prepares to review a challenge to the immunity.”
  • In Tulsa World, Barbara Hoberock reports that “Oklahoma Attorney General Scott Pruitt’s office provided incorrect information to the U.S. Supreme Court in defense of the state’s execution process.”

Recommended Citation: Amy Howe, Wednesday round-up, SCOTUSblog (May. 20, 2015, 9:55 AM),