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Wednesday round-up

In the ABA Journal, Mark Walsh reports on the prospects for filling the Supreme Court vacancy in the new year, surveying the “reliably conservative names” on Donald Trump’s list of potential nominees. At NPR, Nina Totenberg looks backward at the Merrick Garland confirmation stalemate and forward to Trump’s likely nomination of a “Scalia-like conservative,” predicting that a new justice will not take the bench before the spring, when the “Supreme Court term will almost be over, with just six days of oral arguments left on the schedule in late April.”


  • At The Council of State Governments’ Knowledge Center blog, Lisa Soronen summarizes the State and Local Legal Center’s amicus brief in Expressions Hair Design v. Schneiderman, which argues that “state ‘no-surcharge’ laws that prohibit vendors from charging more to credit-card customers but allow them to charge less to cash customers” “don’t violate the First Amendment because they regulate conduct rather than speech.”
  • At Letters Blogatory, Ted Folkman discusses Water Splash v. Menon, a case on the court’s docket this term involving service of process under the Hague Convention, cautioning that the “Supreme Court should be careful, in its decision, … to note that it is not deciding whether the Convention authorizes or merely permits service by mail.”
  • At Syracuse Law, Gregory Germain looks at this term’s insider-trading case, Salman v. United States, in which the court held that a close relationship between a tipper and tippee can be enough of a basis on which to impose insider trading liability, noting that the court’s decision “leaves plenty of unanswered questions in remote tipping cases.”

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Recommended Citation: Edith Roberts, Wednesday round-up, SCOTUSblog (Dec. 28, 2016, 8:07 AM),