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Wednesday round-up

More commentary on Monday’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 Anna Roberts at Casetext and Alan Williams at NCADP Blog.  And Max Blau of Atlanta Magazine profiles Stephen Bright, the lawyer who argued on Timothy Foster’s behalf.  Commentary on Monday’s decision in Green v. Brennan – in which the Court held that, in cases involving allegations of constructive discharge, the forty-five-day period for federal employees to contact the Equal Employment Opportunity Commission begins to run when the employee resigns – comes from R. Scott Oswald at The Employment Law Group.

At Cato at Liberty, Walter Olson looks back at the Court’s recent decision in CRST Van Expedited v. EEOC, describing the decision as “back to the dunking booth for the much-disrespected commission.”   And at his eponymous blog, William Goren explains why the decision could be a “real game changer” in litigation involving the Americans with Disabilities Act.


  • The Associated Press (via Tulsa World) reports on comments by Justice Stephen Breyer, who said that “the Supreme Court has not been diminished by having only eight members since” Scalia’s death.
  • At Slate, Mark Joseph Stern contends that “something very odd is happening” at the Court:Justices Samuel Alito and Clarence Thomas lost a major constitutional case back in January. And now, four months later, it is alarmingly clear that neither man accepts the reality of his defeat.”
  • The Chicago Tribune reports that on Monday the Court declined to “reconsider its decision to reject former Illinois Gov. Rod Blagojevich’s appeal of his corruption convictions.”
  • In The Stanford Political Journal, Brett Parker explains how the Court “could save affirmative action.”

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, Wednesday round-up, SCOTUSblog (May. 25, 2016, 5:20 AM),