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Wednesday round-up

On Monday the Court issued its decision in EEOC v. Abercrombie & Fitch, reversing the Tenth Circuit’s ruling that the retailer could not be held liable for failing to hire a Muslim teenager who wears a headscarf when the woman had failed to notify the company that she would need accommodations.  I covered the decision in Plain English for this blog, with commentary from Alex Luchenitser at ACSblog.

In the Washington Times, John Engler urges the Court to grant review and weigh in on “a handful of cases that present a persistently stubborn question: In a class-action lawsuit, just what exactly is a class?”  And Tim Bishop and Chad Clamage do the same at Mayer Brown’s Class Defense Blog, suggesting that the Court is likely to grant one or more of the “cert petitions, [which] now ask the Court to pick up where it left off in Dukes and Comcast and further flesh out the limits of when a case may be litigated as a class action.”


  • Commentary on Mellouli v. Lynch, in which the Court ruled that a non-citizen’s state conviction for concealing prescription pills in his sock does not trigger removal, comes from Crimmigration, which is hosting an online symposium on the decision.
  • At Bloomberg View, Cass Sunstein posts his “short list” of the Court’s greatest moments.
  • As part of an ACSblog symposium marking the fiftieth anniversary of the Court’s decision in Griswold v. Connecticut, Emily Martin links the case with the challenges to state bans on same-sex marriage and suggests that the Court “may well take the opportunity to address how the equal protection guarantee is closely entwined with the liberty rights to make intimate decisions that Griswold called ‘privacy.’”
  • At the blog of the National Conference of State Legislatures, Lisa Soronen discusses the Court’s recent grant in Foster v. Humphrey, a capital case involving allegations of racial discrimination in jury selection. She suggests that “it is not a coincidence that the court agreed to re-examine the issue of race discrimination in a death penalty case where the stakes are so high.”
  • At Coats and Bennett, James Lawrence discusses the Solicitor General’s recommendation that cert. be denied in Athena Cosmetics v. Allergan, a case involving “the interplay between state unfair competition law and the Federal Food, Drug, and Cosmetic Act.”
  • At Boyle’s Laws, David Boyle continues his analysis and discussion of the oral arguments in the challenges to state bans on same-sex marriage.

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Recommended Citation: Amy Howe, Wednesday round-up, SCOTUSblog (Jun. 3, 2015, 8:14 AM),