on Jun 11, 2015 at 7:45 am
Monday’s decision in Zivotofsky v. Kerry, holding that the president has exclusive power to grant formal recognition to a foreign sovereign, continues to garner commentary. Rick Richman weighs in on the decision in The New York Sun and looks ahead to the possible significance of the case for next fall’s United Nations General Assembly meeting, while at the blog of the Louis D. Brandeis Center Jacky Beda describes the decision as “ground breaking and dangerous.”
Monday’s order list also spawned commentary. At PrawfsBlawg, Hadar Aviram discusses the denial of cert. in the gun rights case Jackson v. City and County of San Francisco, while at the Pacific Legal Foundation’s Liberty Blog Deborah LaFetra describes the denial in the arbitration case U.S. Legal Services Group v. Atalese as “disappointing.”
Other coverage of and commentary on the Court anticipate the Court’s decision in King v. Burwell, the challenge to the availability of subsidies under the Affordable Care Act for individuals who purchase health insurance on an exchange created by the federal government. In The Wall Street Journal (subscription required), Jess Bravin reports on a new article which concludes that, “[a]mong presidents in modern times, Barack Obama” – who recently criticized the Court’s decision to review the King case, “stands apart in the intensity of his remarks on Supreme Court cases.” In an essay for the Yale Journal on Regulation, Mila Sohoni argues that, “[e]ven if coercion aversion lurks in the backs of their minds, the justices can—and therefore should—resolve King without using the avoidance canon to inaugurate a new branch of federalism jurisprudence.” Adam Zimmerman discusses Sohoni’s essay at PrawfsBlawg, while Matt Wuerker “discusses” the case in a cartoon for Politico.
- At PrawfsBlawg, Richard Re discusses qualified immunity and last week’s summary reversal in Taylor v. Barkes, suggesting that even if it “is not a legally transformative case, . . . it is evidence of the new normal in the Court’s qualified immunity docket.”
- In The Washington Post, James Hohmann interviews Robert Barnes about the major cases of the Term.
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