on Apr 5, 2018 at 7:08 am
At HRDive, Kate Tornone reports that the court on Monday “declined to review an appeals court’s holding that ‘a multimonth leave of absence is beyond the scope of a reasonable accommodation’ under the Americans with Disabilities Act.” Whitney Cooney discusses the cert denial in Severson v. Heartland Woodcraft at The National Law Review.
At Legal Insurrection, Andrew Branca looks at Monday’s summary reversal in in Kisela v. Hughes, in which the court ruled that a police officer who shot a woman outside her home was immune from suit in a civil-rights case. At Reason’s Volokh Conspiracy blog, Orin Kerr offers an explanation for why the court hears so many qualified-immunity cases, suggesting that “misapplying the decision rule of qualified immunity could have quite broad effects,” so that “[w]hat looks like a fact-specific case could have much broader implications.”
- At The Hill, Lydia Wheeler reports that “[n]early one year into his tenure,” the Supreme Court’s newest justice, Neil Gorsuch, “is reveling in his role, diving into arguments with gusto and so far fulfilling the expectation that he would be a rock-ribbed conservative in the mold of his predecessor, the late Antonin Scalia.”
- At The American Prospect, Simon Lazarus reviews Richard Hasen’s new book about Scalia, suggesting that “[t]he real challenge is to understand why Scalia’s catechism has won the broad influence it has had, both in legal circles and especially in politics.”
- At the Cato Institute’s Cato at Liberty blog, Trevor Burrus and Matthew LaRosiere weigh in on South Dakota v. Wayfair, in which the justices will reconsider a ruling that limits the ability of state governments to require out-of-state online retailers to collect tax on sales to state residents, arguing that “[i]f states can directly compel people who live outside state boundaries to adhere to state standards—standards the people had no chance to influence—the concept of statehood itself is undermined.” [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.]
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