Tuesday round-up

Briefly:

• Sam Baker of National Journal suggests that, if you want to know why the Supreme Court is poised to strike a major blow to affirmative action, focusing on Antonin Scalias comments about black students and ‘slower-track’ universities might be missing the point.
• At LinkedIn Pulse, Dawinder Sidhu considers how the Supreme Court should address calls from federal courts of appeals for an updated approach to the Thirteenth Amendment.
• At NFIB, Luke Wake discusses a petition for certiorari that the Pacific Legal Foundationfiled on behalf of a small business property owner who was denied the opportunity to raise a takings claim in federal court, notwithstanding the fact that the state courts in Connecticut had already demonstrated a lack of concern for their asserted federal rights.

[Correction: An earlier version of this post referred to a petition for certiorari filed by the National Federation of Independent Business, but the petition was in fact filed by the Pacific Legal Foundation.]