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Thursday round-up


  • At Lawfare, Anthony Bellia and Bradford Clark, the authors of scholarship cited by Justice Neil Gorsuch during last week’s oral argument in Jesner v. Arab Bank, which asks whether corporations are liable under the Alien Tort Statute, point out that the court has never considered “whether permitting a suit solely between aliens under the ATS would violate Article III,” and suggest that “[d]oing so in Jesner would obviate the need to resolve other more difficult questions (such as corporate liability) that are not necessary to decide the case.”
  • In an op-ed for The New York Times, Jennifer Daskal explains why the court’s recent decision to review digital-privacy case United States v. Microsoft Corp., which asks whether the government can gain access from email providers to data that is stored overseas, “is a clarion call for Congressional action.”
  • At Take Care, Robert Post unpacks the Department of Justice’s amicus brief in 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 “[t]o key heightened First Amendment scrutiny to the expressive properties of human action,” as DOJ does in supporting the baker, “is … to risk stretching the First Amendment to encompass everything, which means that it will protect nothing.”
  • At The National Law Journal (subscription or registration required), Marcia Coyle looks at incoming Apple general counsel Kate Adams’ formative experience as a law clerk to retired Justice Sandra Day O’Connor.

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Recommended Citation: Edith Roberts, Thursday round-up, SCOTUSblog (Oct. 19, 2017, 7:02 AM),