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Friday round-up


  • Subscript offers a graphic explainer on Wilson v. Sellers, which asks whether a federal court in a habeas case should “look through” a summary state-court ruling to review the last reasoned state-court decision.
  • At The Federalist, Margot Cleveland suggests that this week’s most significant Supreme Court order concerned an administrative-law case the justices’ didn’t take, and that “Monday’s order in Scenic America [v. Department of Transportationprovides the first evidence that [Justice Neil] Gorsuch intends to challenge Chevron deference and that he possesses the gravitas necessary to sway his colleagues.”
  • At The American Prospect, Dorothy Samuels weighs in on Masterpiece Cakeshop v. Colorado Civil Rights Commission, in which the court will decide whether the First Amendment bars Colorado from requiring a baker to create a cake for a same-sex wedding, arguing that “[g]ranting business owners exemptions from anti-discrimination laws based on their religious beliefs would be a radical development, extending a new constitutional right.”
  • At SportsHandle, Brett Smiley looks at the NCAA’s brief in the New Jersey sports-betting case, Christie v. National Collegiate Athletic Association.

  • At The National Law Journal (subscription or registration required), Erin Mulvaney reports that the acting chairwoman of the Equal Employment Opportunity Commission said Wednesday that “[t]he U.S. Supreme Court should resolve questions about the scope of sexual orientation protection in the workplace,” an issue presented by the pending cert petition in Evans v. Georgia Regional Hospital.
  • At the Associated Press, Emily Wagster Pettus reports that in a recent Supreme Court brief opposing cert,“[a]ttorneys for the Mississippi governor say two levels of federal courts have been correct in blocking a lawsuit that challenges the Confederate battle emblem on the state flag,” and that the plaintiff in the case “has failed to show he suffered harm because of the flag.”
  • In an op-ed for The New York Times, John Pfaff suggests ways of improving the Supreme Court’s ability to evaluate empirical evidence.
  • The Heritage Foundation’s SCOTUS 101 podcast features a discussion of “recent speeches by Kagan and Sotomayor, a few cases the Court declined to hear, and a new book about the Notorious RBG’s workout routine.”

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Recommended Citation: Edith Roberts, Friday round-up, SCOTUSblog (Oct. 20, 2017, 6:53 AM),