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Tuesday round-up


  • Robert Barnes reports for The Washington Post that “Justice Ruth Bader Ginsburg on Monday night made her first public appearance since undergoing cancer surgery in December, attending a celebration of her life presented in song.”
  • For The Detroit News, Jonathan Oosting reports that yesterday Justice Sonia Sotomayor denied a request to delay a trial in Michigan, scheduled to begin today, in a case involving claims “that maps approved by the Republican-led Legislature in 2011 intentionally diluted the power of Democratic voters to benefit GOP politicians.”
  • At SCOTUS OA, Tonja Jacobi and Matthew Sag analyze the “clarifying” reargument in Knick v. Township of Scott, Pennsylvania, in which the justices have been asked to reconsider a precedent that requires property owners to exhaust state remedies before bringing federal takings claims under the Constitution.
  • At Greenwire (subscription required), Ellen Gilmer reports that in Kisor v. Wilkie, “[e]lectric utilities, energy producers and industry groups are urging the Supreme Court to strike down an agency deference rule they believe gives the executive branch too much power.”
  • At The National Law Review, Lawrence Weinstein and Jeffrey Warshafsky look at PDR Network, LLC v. Carlton & Harris Chiropractic Inc., in which the justices will “consider the amount of deference a federal court is required to give the Federal Communications Commission in determining what constitutes an unsolicited advertisement within the meaning of the Telephone Consumer Protection Act.”

  • Mark Sherman reports for AP that “[t]he outcome of a fight over a Louisiana law regulating abortion providers could signal whether a fortified conservative majority on the Supreme Court is willing to cut back on abortion rights.”
  • At the Pacific Legal Foundation blog, Erin Wilcox urges the court to review a lower-court decision involving Wisconsin’s right-to-work law, which imposes a time limit on automatic union-dues deductions, arguing that “[i]n recent years, the Supreme Court has repeatedly recognized that when it comes to union/employee relationships, the freedom of individual employees is most important.”
  • At The World and Everything in It (podcast), Mary Reichard breaks down the oral arguments in Herrera v. Wyoming, which asks whether the Crow Tribe retains treaty rights to hunt on land in Wyoming’s Bighorn National Forest, and Tennessee Wine & Spirits Retailers Association v. Blair, a challenge to Tennessee’s durational residency requirements for liquor licensing.

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Recommended Citation: Edith Roberts, Tuesday round-up, SCOTUSblog (Feb. 5, 2019, 7:20 AM),