• At PovertyLaw, Gary Smith and colleagues review last term’s Supreme Court cases “implicating federal court ‘access,’” including decisions involving appealability of administrative actions, standing, attorney fees, arbitration and class actions.
  • In The Volokh Conspiracy, Eugene Volokh discusses the pending cert petition in the case of Nebraska financial advisor and tea party activist Bob Bennie, who states that government regulators retaliated against him after he criticized President Barack Obama; Volokh maintains that the petition “isn’t just about correcting the error in this case; rather, the real question here is how appellate courts should make decisions about what would ‘chill an ordinary person’s speech,’” and argues that “when it comes to making such decisions, appellate courts should not defer to trial court findings.”

  • Advice and Consent (podcast) features a discussion of whether a last-minute procedural maneuver on January 3, before the new senators are sworn in, allowing the Senate to confirm the appointment of Chief Judge Merrick Garland to the Supreme Court would be legally and politically viable.
  • At Casetext, David Boyle considers how the court’s 2015 opinion in Zivotofsky v. Kerry, in which the court held that the decision whether to recognize Jerusalem as the capital of Israel rests exclusively with the president, may intersect with the incoming Trump administration’s Mideast policy. 

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Posted in Round-up

Recommended Citation: Edith Roberts, Friday round-up, SCOTUSblog (Dec. 30, 2016, 7:38 AM),