Tuesday round-up

Yesterday the U.S. government asked the Supreme Court to allow all the provisions of President Donald Trump’s September 27 entry ban to go into effect while the government appeals a nationwide injunction issued by a district court judge in Hawaii that now blocks enforcement of key portions of the ban. Amy Howe has this blog’s coverage, which first appeared at Howe on the Court. Additional coverage comes from Josh Gerstein at Politico, Jess Bravin for The Wall Street Journal, Lyle Denniston at his eponymous blog, and Ariane de Vogue at CNN.

At Constitution Daily, Scott Bomboy looks at Lozman v. City of Riviera Beach, Florida, in which the justices will decide whether the existence of probable cause defeats a First Amendment retaliatory-arrest claim. The Los Angeles Times editorial board weighs in on the case, arguing that “if the 1st Amendment means anything, government officials shouldn’t be able to punish dissenters, even rude ones, by selectively subjecting them to arrest — even if the arrest might be justified on other grounds.”

Briefly:

• The Open File maintains that in Floyd v. Alabama, a pending cert petition, “the state courts have again left it up to the U.S. Supreme Court—apparently the last and only line of defense against race discrimination in jury selection—to call a fig a fig.”  
• At Empirical SCOTUS, Adam Feldman “looks at th[e] attorneys … who ha[ve] filed successful petitions for the current term [and] tracks these attorneys’ success at bringing cases to the Court on cert since the 2013 term.”
• At Quomodocumque, mathematician Jordan Ellenberg takes issue with a claim made at oral argument on behalf of the state of Wisconsin in partisan-gerrymandering case Gill v. Whitford, asserting that“the idea that [the] efficiency gap flags neutral maps as often as partisan maps is just wrong, and it shouldn’t have been part of the state’s argument before the court.”

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