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Tuesday round-up

Yesterday the Court issued three rulings in argued cases.  Molly Runkle rounded up early coverage and commentary for this blogNPR’s Nina Totenberg had an overview of all three cases.

More coverage of yesterday’s opinion in Foster v. Chatman, holding by a vote of seven to one that the Supreme Court of Georgia’s decision that the defendant failed to show purposeful race discrimination in the selection of his jury was clearly erroneous, comes from Tony Mauro of Supreme Court Brief (subscription or registration required); commentary comes from Kent Scheidegger at Crime and Consequences, Janell Ross for The Washington Post, Steven Mazie in The Economist, and Garrett Epps in The Atlantic.

And in Green v. Brennan, the Court ruled that, in cases involving allegations of constructive discharge, the forty-five-day period during which federal employees must contact the Equal Employment Opportunity Commission begins to run when the employee resigns.  I covered the ruling for this blog, with other coverage coming from Tony Mauro for The National Law Journal (subscription or registration required), and Hera Arsen at Ogletree Deakins.

Last week’s decision in Spokeo, Inc. v. Robins continues to spur commentary.  NFIB weighs in on the case (as well as several others), describing it as an “important win” for businesses, while Maxwell Stearns analyzes the case at Casetext.


  • At Just Security, Steve Vladeck discusses the prospect that Justice Sonia Sotomayor will recuse herself from voting on a petition for certiorari filed by the federal government, asking the Court to review a decision by the Second Circuit “recognizing a Bivens cause of action for (and rejecting a qualified immunity defense to) a putative class action arising out of the post-September 11 roundup and detention of certain groups of Muslim and Arab immigrants in and around New York.”
  • In The National Law Journal (subscription or registration may be required), Arthur Bryant urges the Court to reverse its 2009 decision in Ashcroft v. Iqbal, arguing that “[w]hether cases proceed should turn on the facts and the law, not on whether judges think the allegations are plausible.”
  • At Hamilton and Griffin on Rights, Angela Morrison argues that last week’s decision in Luna Torres v. Lynch “is wrong and unfair to many long-term legal residents and their families.”
  • At Empirical SCOTUS, Adam Feldman looks at the effect that some of the Court’s past cases might have on the Justices’ votes in the pending cases this Term.
  • At ACSblog, Madeline Gomez and Julia Quinn argue that the Court’s upcoming decision in Whole Woman’s Health v. Hellerstedt “presents the Court with the opportunity and obligation to take a stand against the continued infringement of women’s constitutional liberty, and to do it now.”
  • In The Huffington Post, Bennett Gershman urges the Court to grant review in the case of Louisiana death row inmate David Brown, arguing that, as “with the many other instances of misconduct by prosecutors and errors by the Louisiana judiciary, the Supreme Court again is being asked to step in to correct a clear constitutional violation.”

Remember, we rely exclusively on our readers to send us links for our round-up.  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 (May. 24, 2016, 9:00 AM),