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Thursday round-up


  • For The New York Times, Liz Robbins reports that “Justice Ruth Bader Ginsburg presided over a naturalization ceremony on Tuesday at the New-York Historical Society, treating her rapt audience to a history lesson.”
  • At Supreme Court Brief (subscription required), Tony Mauro asks “two lawyers who know [Justice Neil] Gorsuch well for their thoughts about his first year on the bench, and the criticism he has had to absorb—or ignore.”
  • At Ricochet, Richard Epstein argues that in 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, “the current uneasy status quo should be retained judicially as the lesser of two evils,” because “keeping the status quo is, now that the pressures on the old system are building up, more likely to lead to some form of Congressional action that could mend the current situation.” [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.]
  • At the ACS Blog, Ruben Garcia looks at the court’s decision in Encino Motorcars v. Navarro, which held that auto-service advisors are exempt from the Fair Labor Standards Act’s overtime-pay requirement, suggesting that “a dictum in the Court’s opinion represents an even greater blow for more than 70 years of interpretations under the FLSA and is a bad harbinger for enforcement of the Act in years to come.”
  • At Justia’s Verdict blog, Neil Buchanan discusses this term’s two partisan-gerrymandering cases, warning that “[w]hen the courts take a hands-off approach, and when at least one party is willing to press every advantage, we could find ourselves inexorably marching toward autocracy.”

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Recommended Citation: Edith Roberts, Thursday round-up, SCOTUSblog (Apr. 12, 2018, 7:07 AM),