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Tuesday round-up

Yesterday the Justices returned to the bench for the first oral arguments of the Term.  First up was OBB Personenverkehr v. Sachs, in which the Court is considering whether a California woman who lost both legs in a train accident in Austria can sue the Austrian national railroad in U.S. courts.  I covered the oral argument for this blog, with other coverage coming from Adam Liptak of The New York Times

Yesterday the Court also issued additional grants and orders from its September 28 Conference.  Lyle Denniston reported on the order list for this blog.  Other coverage of yesterday’s orders comes from Mark Walsh of Education Week’s School Law Blog, who focuses on education-related denials on yesterday’s order list; from Tony Mauro and Marcia Coyle in the Supreme Court Brief (subscription required); and from Howard Mintz, who in the San Jose Mercury News reports that the Court “refused to hear the city’s last-ditch appeal of its antitrust claims against Major League Baseball for stalling a plan to move the A’s to Silicon Valley.”  At Crime and Consequences, Kent Scheidegger weighs in on today’s summary reversal in Maryland v. Kulbicki, arguing that the decision below was “clearly wrong as a matter of Sixth Amendment jurisprudence,” while in the Stanford Lawyer Joseph Grundfest explains why the denial of review in a major insider-trading case is “entirely unsurprising.”

The Court also announced new procedures yesterday, including a ban on paid line-standers for lawyers and efforts to deal with “link rot.”  Coverage comes from Lyle Denniston for this blog and from Tony Mauro and Marcia Coyle for The National Law Journal (subscription or registration may be required).

Finally, previews of the new Term continue, coming from NPR’s Nina Totenberg, the Pacific Legal Foundation and the National Review (video), and Kent Scheidegger, who looks at the Court’s criminal law docket at the Fed Soc Blog.


  • In the Washington Examiner, Sean Higgins interviews Rebecca Friedrichs, the plaintiff in the challenge to public-employee union “fair share” fees.
  • At ACSblog, Victor Williams criticizes Justice Stephen Breyer’s opinion in NLRB v. Noel Canning, arguing that it replaced “a textual commitment of presidential appointment discretion with a vague and unworkable recess rule.”
  • At Concurring Opinions, Joel Gora discusses the Roberts Court and free speech, arguing that “it is imperative that at least where the law is concerned the Supreme Court continues to make it quite clear that free speech must be the rule and government censorship the rare exception.”
  • C-SPAN kicks off its series on landmark Supreme Court cases, and the network’s Brian Lamb interviews Tony Mauro, who wrote a companion book for the series.
  • In The National Law Journal (subscription or registration required), Mauro reports on Sunday’s Red Mass, which five Justices attended.
  • At FiveThirtyEightPolitics, Oliver Roeder discusses statistics suggesting that, “when it comes to Supreme Court justices, growing older appears to incite a trend in the opposite ideological direction.”

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 (Oct. 6, 2015, 5:51 AM),