on Feb 7, 2019 at 7:03 am
- At Law.com, Tony Mauro reports that Sen. Sheldon Whitehouse, D-R.I., sent a letter last month to “Chief Justice John Roberts Jr. and Court Clerk Scott Harris, decrying ‘the court’s practice of routinely accepting amicus curiae briefs from special interest groups that fail to disclose their donors.’”
- At Justia’s Verdict blog, Samuel Estreicher writes that Kisor v. Wilkie, in which the justices will reconsider precedents that require courts to defer to a federal agency’s reasonable interpretation of its own regulations, “presents an opportunity to make clear that Chevron-type deference is inappropriate and that at most Skidmore respect may be appropriate,” and he cautions that “[t]he Court should do no more; it certainly should not raise questions generally about Chevron deference that rests on a congressional delegation of authority not present in the Auer context.”
- At Slate, Dahlia Lithwick looks at June Medical Services v. Gee, in which the court has been asked to grant an emergency stay from an appeals court ruling upholding “a 2014 law enacted in Louisiana requiring any abortion provider to get admitting privileges at a hospital that’s within 30 miles of the clinic where they work,” remarking that “[t]he real story here is how the appeals court managed to distinguish Louisiana’s law from the virtually identical rule in Texas, the one struck down only two years earlier.”
- In an op-ed for The Washington Post, Robert Tembekjian explains why the Supreme Court should adopt an ethics code.
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