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Wednesday round-up

Ryan Barber reports for The National Law Journal (subscription or registration required) that “[c]onservative appellate lawyers from major U.S. law firms are vying against each other at the U.S. Supreme Court as the justices weigh whether to hear arguments against the Consumer Financial Protection Bureau, an agency whose independent, single-director design long has drawn the ire of the financial industry and congressional Republicans.” At Reuters’ On the Case blog (via How Appealing), Alison Frankel notes that on Monday, “a Mississippi payday lender, All American Check Cashing, filed a petition asking the U.S. Supreme Court to grant review of its constitutional challenge to the CFPB before the 5th U.S. Circuit Court of Appeals issues an opinion in the case”: “Their petition also argues that the justices can only cure the bureau’s constitutional defect with a drastic remedy: undoing CFPB enforcement actions or even striking down the law that created the bureau.”

Briefly:

  • At Gallup, Lydia Saad reports that “[a]s the U.S. Supreme Court prepares for the opening of a new term, Gallup finds a slight majority of Americans — 54% — approving of the job the court is doing.”
  • For Education Week, Mark Walsh reports that a “national debate that has simmered for 200 years—whether public funds may go to the coffers of religious schools—is set to take center stage at the U.S. Supreme Court in” Espinoza v. Montana Department of Revenue, “a case that originated … over a state tax credit for donations to groups providing private school scholarships.”
  • At Bloomberg Environment, Sylvia Carignan delves into the history behind Atlantic Richfield Co. v. Christian, a case involving a Superfund site in Montana in which the court will decide whether federal law pre-empts state-law claims for cleanup of hazardous waste beyond what the EPA had ordered.
  • At CNN, Ariane de Vogue and Caroline Kelly report that “[a]s the Supreme Court justices prepare to take their seats next week to start a new term, they [met] behind closed doors Tuesday to discuss how they’ll handle one of the most explosive issues running into the 2020 election: Abortion.”
  • For The Washington Post, Roxanne Roberts writes that “in the year since [Justice Brett Kavanaugh] was sworn in, the newly minted justice has resumed the broad outlines of his former life.”
  • At his eponymous blog, Ross Runkel observes that “[t]hree upcoming LGBT-Title VII cases will test the US Supreme Court’s views on original intent, stare decisis, and statutory construction.”

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Recommended Citation: Edith Roberts, Wednesday round-up, SCOTUSblog (Oct. 2, 2019, 7:06 AM), https://www.scotusblog.com/2019/10/wednesday-round-up-494/