on Nov 4, 2015 at 6:58 am
This morning the Justices will hear oral arguments in two cases. In Shapiro v. McManus, the question presented is whether a district judge can dismiss a complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) without referring the case for consideration by a three-judge panel. Howard Wasserman previewed the case for us, with other coverage coming from Jess Bravin of The Wall Street Journal, Robert Barnes of The Washington Post (who focuses on the plaintiff in the case), Victor Li of the ABA Journal, and Mark Denton and Reymond Yammine for Cornell’s Legal Information Institute. Commentary comes from Lorran Hart Ferguson at the University of Kentucky Election Law Society.
And in Bruce v. Samuels, the question before the Court is whether an indigent prisoner who files a lawsuit in federal court must make monthly installment payments on the filing fees totaling twenty percent of his monthly income, or instead twenty percent of his monthly income per case. I previewed the case for this blog, with other coverage coming from Nicole Greenstein and Gerard Salvatore at Cornell’s Legal Information Institute.
Coverage of and commentary on Monday’s oral arguments continue. Marcia Coyle reported on the oral arguments in Spokeo, Inc. v. Robins for the Supreme Court Brief (subscription required), with commentary coming from Justin Sadowsky at Dubitante. And Steven Mazie discusses the argument in Foster v. Chatman at The Economist.
- At the Immigration Prof Blog, Kevin Johnson weighs in on yesterday’s oral arguments in Torres v. Lynch, describing the “crimmigration” case as “too close to call.”
- In two other posts at the Immigration Prof Blog, Johnson discusses the end of Moones Mellouli’s removal case and a petition that the Justices will consider at their Friday Conference, arising from the death of a Mexican teenager who was shot in Mexico by a U.S. law enforcement official on the other side of the border.
- In the Supreme Court Brief (subscription required), Tony Mauro reports that Justice Antonin Scalia’s book (co-written with Bryan Garner) on statutory interpretation was cited (perhaps for the first time) at oral arguments on Tuesday.
- At Balkinization, David Gans discusses the amicus brief that the Constitutional Accountability Center filed in Fisher v. University of Texas at Austin, the renewed challenge to the university’s use of affirmative action in its undergraduate admissions process.
- At the Arizona Daily Star, Howard Fischer reports on the briefs filed by Arizona’s redistricting commission in Harris v. Arizona Independent Redistricting Commission.
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] scotusblog.com.