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Thursday round-up

Yesterday the Supreme Court released its argument calendar for the March sitting, which begins on Monday, March 19. Amy Howe has this blog’s coverage; her post first appeared at Howe on the Court. In another development yesterday, the state of North Carolina asked the court to put a hold on a lower-court order invalidating the state’s legislative maps. This blog’s coverage comes from Amy Howe, whose post was first published at Howe on the Court.

At the Associated Press, David Porter reports that on Tuesday, Justice Neil Gorsuch told an audience of college students that a “return to civics and civility is crucial to the continued flourishing of the American experiment.” At Law360, (subscription required), Jeannie O’Sullivan reports that Gorsuch identified “reconciling the centuries-old Constitution with new frontiers in law arising from changing technology” as the court’s “biggest challenge over the next decade.”


  • To mark the 25th anniversary of the death of Justice Thurgood Marshall yesterday, Constitution Daily looks back at the career of one of “the best-known litigators of his generation, and the Court’s first African-American member.”
  • In an op-ed for the Tallahassee Democrat, Bill Cotterell notes that the Florida First Amendment Foundation recently bestowed an award on Fane Lozman, the plaintiff in Lozman v. City of Riviera Beach, Florida, “whose insistence on free speech has made him an annoying, unwelcome presence during public-comment time at Riviera Beach City Council meetings.”
  • At Slate, Mark Joseph Stern deplores the writing style of Justice Neil Gorsuch, pointing to Gorsuch’s “dissenting opinion in Artis v. District of Columbia, a rather arcane case the court decided on Monday.”
  • At HRDive, Kate Tornone notes that the Supreme Court has been asked to review “a controversial appeals court ruling that held that ‘a multimonth leave of absence is beyond the scope of a reasonable accommodation’ under the Americans with Disabilities Act.”
  • At The American Prospect, Dorothy Samuels discusses the cert petition in Planned Parenthood of Arkansas & Eastern Oklahoma v. Jegley, a case she argues represents “a major threat to abortion access in Arkansas and a lower federal court’s egregious departure from binding Supreme Court precedent in addressing the case.”
  • At his eponymous blog, Ross Runkel looks at a complex ERISA case in which the justices have asked for the views of the solicitor general, Strang v. Ford Motor Company General Retirement Plan.
  • In an op-ed for HuffPost, Judith Resnik argues that “even as the #MeToo moment becomes a movement, employers are trying to stop individuals from obtaining the accountability and justice that so many are demanding” by requiring employees to forgo class actions and agree to arbitration, a practice at issue this term in Epic Systems v. Lewis, in which the court will decide whether labor laws forbid class waivers in employment contracts.
  • For The Washington Times, Alex Swoyer reports that “[t]he Senate’s second-ranking Republican dismissed criticism Tuesday over his dinner with Supreme Court Justice Neil M. Gorsuch and other government officials, saying it’s ‘ridiculous.’”
  • At Justia’s Verdict blog, Michael Dorf maintains that “even if the government wins the final round in the Supreme Court” in Trump v. Hawaii, a challenge to the latest version of the Trump administration’s entry ban, “the litigation challenging the Travel Ban should be regarded as a success.”

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Recommended Citation: Edith Roberts, Thursday round-up, SCOTUSblog (Jan. 25, 2018, 5:30 AM),