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Wednesday round-up

The Justices returned to the bench yesterday.  They issued just one opinion in an argued case: United States Army Corps of Engineers v. Hawkes Co. Inc., holding that an approved “jurisdictional determination” by the Army Corps of Engineers is a final agency action subject to judicial review under the Administrative Procedure Act.  Molly Runkle rounded up early coverage of yesterday’s action at the Court for this blog.  Other coverage of the ruling comes from Tony Mauro for Supreme Court Brief (subscription required); commentary comes from Leland Beck at Federal Regulations Advisor.

Commentary on the Court’s decision in Luna Torres v. Lynch, in which the Court held that a state offense counts as an “aggravated felony” for purposes of Section 1101(a)(43) of the Immigration and Nationality Act when it has every element of a listed federal crime except one requiring a connection to interstate or foreign commerce, comes from Asher Steinberg at Narrowest Grounds and Patrick Glen at Notice and Comment.


  • Commentary on the Court’s decision in Foster v. Chatman comes from Phyllis Goldfarb at The George Washington Law Review’s On The Docket.
  • In The National Law Journal (subscription or registration may be required), Pascal Calogero – a former Chief Justice of the Louisiana Supreme Court – urges the Court to grant review in the case of Louisina death-row inmate David Brown and “ensure that Louisiana prosecutors’ distressing pattern of failing to disclose evidence is finally ended.”
  • At Education Week’s School Law Blog, Mark Walsh reports on yesterday’s call for the views of the Solicitor General in the special education case Endrew F. v. Douglas County School District.
  • At Crime and Consequences, Kent Scheidegger weighs in on the summary reversal in Johnson v. Lee, observing that although Lee’s case was not a capital case, the Court’s decision also “has important implications for capital cases.”
  • At Meaningful Discussions, Marcia Madsen and Roger Abbott discuss yesterday’s cert. grant in the False Claims Act case State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, noting that the case presents “an important issue for the government contract community.”
  • In Supreme Court Brief (subscription required), Marcia Coyle reports that “some of the top high court advocates” are urging “the U.S. Supreme Court to weigh in on what birthright citizenship means, particularly for persons born in U.S. territories.”
  • At Empirical SCOTUS, Adam Feldman reviews “dissents over the last two Terms that attack or harshly criticize the Court’s majority in that case.”


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 (Jun. 1, 2016, 10:10 AM),