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Wednesday round-up

Commentary on Monday’s ruling in Encino Motorcars v. Navarro, in which the Court held that courts should not defer to a Department of Labor regulation on overtime for service advisers at car dealerships, comes from Ruben Garcia, who at Hamilton and Griffin on Rights suggests that, once the department fills the gaps left in the Fair Labor Standards by Congress, it “seems that the agency’s judgment should be given deference.”  At the Ross Runkel Report, Ross Runkel similarly observes that “all DOL has to do is explain why it is doing what it is doing. That’s not asking much.”  And at Federal Regulations Advisor, Leland Beck notes that “[w]hat is clear is that SCOTUS is unanimous on the point that courts owe no deference to a regulation that lacks sufficient reasoning.”  


  • Richard Wolf of USA Today interviews outgoing Solicitor General Don Verrilli.
  • At Letters Blogatory, Ted Folkman looks back at the recent decision in the Puerto Rico debt crisis case and concludes that “Puerto Rico should become a state if it wants to be treated as a state for all purposes in federal law. But if it stays in its current, sui generis status, it shouldn’t be a surprise that the rules that govern it are sui generis.
  • The podcast More Perfect looks back at Adoptive Couple v. Baby Girl, with an update on what has happened since the Court’s decision three years ago.
  • At the Stafford Rosenbaum blog, Jeffrey Mandell and Barbara Neider discuss the amicus brief that they filed in the property rights case Murr v. Wisconsin, “arguing on behalf of organizations representing every level of local government in Wisconsin that the case should not be decided on the merits of the constitutional question it presents.”
  • Barbara Leonard of Courthouse News Services reports that “Justices Samuel Alito and Clarence Thomas complained Monday about inmates winning Supreme Court relief on the basis of new precedent about discriminatory jury strikes.”
  • In The National Law Journal (subscription or registration required), Tony Mauro reports that a “committee of the American Bar Association on Tuesday ranked U.S. Supreme Court nominee Merrick Garland as ‘well qualified’ for the high court — its highest rating for judicial nominees.”
  • In another story, Mauro reports that the Court’s “two minority justices clashed Monday over how to handle illegal police searches, displaying a deep division between them over misconduct by law enforcement officials.”
  • In another post at his eponymous blog, Ross Runkel reports that “[o]nce again the Supreme Court will examine the President’s power to make high-level appointments without Senate confirmation, and once again it is the NLRB that lands in the cross-hairs.”

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. 22, 2016, 7:35 AM),