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Tuesday round-up

Last week a federal district judge in Kentucky sent county clerk Kim Davis, to jail after she continued to refuse to issue marriage licenses to same-sex couples even after the Court declined to stay a federal judge’s ruling ordering her to do so.  Commentary and analysis on the case come from Marty Lederman at Balkinization (with a follow-up post yesterday), Elizabeth Wydra at The Huffington Post, and Judith Schaeffer at The Huffington Post.


  • At the blog of the National Conference of State Legislatures, Lisa Soronen looks ahead at Gobeille v. Liberty Mutual Insurance Company, in which the Court will consider “whether the Employee Retirement Income Security Act (ERISA) pre-empts Vermont’s all-payers claims database (APCD) law.”
  • John Fritze of The Baltimore Sun reports on Shapiro v. McManus, describing it as a “little-noticed lawsuit brought by a Maryland man challenging the state’s contorted congressional districts” that “has the potential to open a new line of constitutional attack for opponents of gerrymandering.”
  • At truthdig, Bill Blum argues that, if “the U.S. Supreme Court’s dominant Republican majority has its way when the panel’s new term commences in October, we might as well dispense with the [Labor Day] holiday altogether, or at least drop the term ‘labor’ from its title.”
  • Howard Fischer of Capitol Media Services (via reports that, on remand from the Supreme Court, last week a federal district judge “upheld what has been described as the ‘papers please’ provision of a controversial 2010 Arizona law aimed at illegal immigration.”
  • The Human Rights at Home Blog hosted a two-part commentary by Jeremiah Ho and Margaret Drew on Justice Anthony Kennedy’s rhetoric in the Court’s decision striking down state bans on same-sex marriage.
  • At his eponymous blog, Kenneth Jost looks back at some of last Term’s First Amendment cases, suggesting that “in two closely argued free-speech cases . . . the court seems to some observers to have gotten the law quite wrong even while reaching what may well be the right results in both.

 If you have or know of a recent (published in the last two or three days) article, post, or op-ed relating to the Court that you’d like us to consider for inclusion in the round-up, please send it to roundup [at]

Recommended Citation: Amy Howe, Tuesday round-up, SCOTUSblog (Sep. 8, 2015, 9:13 AM),