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Friday round-up

In Forbes, Daniel Fisher remarks that the possible nomination of Judge Neil Gorsuch, a reported frontrunner for the vacant seat on the Supreme Court, “would be good news for libertarians and bad news for members of Congress who like to hand broad powers to administrative agencies to make regulations with the power of law – and insulate themselves from accountability to voters who are directly affected by those rules.” In an op-ed for The Daily Signal, former attorney general Ed Meese refutes criticisms from the right of another reported frontrunner, Judge William Pryor, noting that though “some are claiming Pryor is not an advocate of religious liberty, many of his decisions show that the exact opposite is true.” At Bloomberg BNA, Patrick Gregory reports that a third potential finalist for the vacancy, Judge Thomas Hardiman, “could become the next swing vote at the U.S. Supreme Court if President Donald Trump chooses him to replace the late Justice Antonin Scalia, one study says, but his opinions demonstrate a solid conservative record.” At Education Week’s School Law Blog, Mark Walsh discusses the key education cases of all three reported frontrunners. And at Constitution Daily, Scott Bomboy looks at “the recent history of nominations,” concluding that “the leading contenders discussed in the media aren’t always the final choices announced by the President.”


  • At the International Municipal Lawyers Association’s Appellate Practice Blog, Lisa Soronen discusses County of Los Angeles v. Mendez, arguing that the Supreme Court should “reject the ‘provocation’ rule, under which any time a police officer violates the Fourth Amendment and violence ensues, the officer will be personally liable for money damages for the resulting physical injuries.”

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Recommended Citation: Edith Roberts, Friday round-up, SCOTUSblog (Jan. 27, 2017, 7:14 AM),