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Tuesday round-up

Yesterday the Court heard oral arguments in Green v. Brennan, in which the Justices are considering when the forty-five-day clock for a federal employee to meet with an equal employment opportunity counselor (a prerequisite to filing an employment discrimination suit) begins to run.  I covered the oral argument for this blog, with other coverage coming from Mark Walsh for Education Week and Scott Oswald at Law 360.

This morning the Court will hear oral arguments in two cases.  In Merrill Lynch, Pierce, Fenner, & Smith v. Manning, the Court will consider possible limits on state-law securities actions.  Ronald Mann previewed the case for this blog, while Sonia Gupta and Jenna Howarth did the same for Cornell’s Legal Information Institute.  Ronald Mann also has our preview of today’s other case, Menominee Indian Tribe of Wisconsin v. United States, with Ben Rosales and Thomas Nomura Kim providing Cornell’s preview.

The ImmigrationProf Blog is hosting an online symposium on United States v. Texas, the challenge to the Obama administration’s immigration policy.  And in the Huffington Post, Brianne Gorod argues that the “Court has complete discretion over when it hears cases, and there’s no question that it can — and should — hear this very important case this term.”


  • Jim Forsyth of Reuters (via Yahoo! News) reports on yesterday’s denial of review in “an appeal filed by a retired Texas veterinarian who argued that a state law barring him from providing pet-care advice online and over the telephone violated his free-speech rights under the U.S. Constitution.”
  • At his Election Law Blog, Rick Hasen discusses Justice Anthony Kennedy’s order enjoining the counting of ballots in an election in which voters must be of Native Hawaiian ancestry; he indicates that it “would not surprise me to see Justice Kennedy’s order extended, and perhaps even the case set for full briefing and argument, although the Court may keep the stay in place and give the Ninth Circuit the first crack at a full decision in this case.”
  • In another post at his Election Law Blog, Hasen covers the denial of review in a Hawaii campaign finance case.
  • At BuzzFeed, Chris Geidner reports that, “[f]ive months after two Supreme Court justices made clear that they have serious questions about the constitutionality of the death penalty, lawyers are bringing plenty of related cases to the justices — and they’re due to consider whether to hear one of them this week.”
  • In The Economist, Steven Mazie looks ahead to next week’s oral argument in the challenge to the University of Texas at Austin’s consideration of race in its undergraduate admissions process, describing it as a “dispute over what diversity means.”

Recommended Citation: Amy Howe, Tuesday round-up, SCOTUSblog (Dec. 1, 2015, 5:48 AM),