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Tuesday round-up


  • According to Parker Yesko at APM Reports, “Doug Evans, the Mississippi district attorney who has tried Curtis Flowers six times for the same crime, has asked to be removed from the case,” in the wake of a Supreme Court decision last term that “vacated the conviction from Flowers’ sixth trial, in 2010, finding that Evans had discriminated on the basis of race during jury selection.”
  • Kimberly Robinson reports at Bloomberg Law that “[f]riends of a charity tied to the Koch brothers are flooding the U.S. Supreme Court with briefs that they hope will help convince the justices to nix a California law targeting donors,” urging the court in 22 separate submissions to review Americans for Prosperity v. Becerra, a challenge to the state’s “requirement that non-profit charities disclose their largest donors to state officials to assist them in investigating fraud.”
  • At the Daily Caller, Kevin Daley reports that “[t]wo lawyers have asked the Supreme Court to declare” the requirement that attorneys “join a bar association and pay membership fees as a condition of practicing law,” “called the ‘integrated bar,’ unconstitutional on First Amendment grounds,” in Jarchow v. State Bar of Wisconsin.

  • Pete Williams reports at NBC News (via How Appealing) that “[t]he Supreme Court on Monday ordered the Trump administration and states challenging Obamacare to respond by Friday to an appeal filed by defenders of the health care law,” a “highly abbreviated timeline … [that] gives the court the option to take up the case during its current term.”
  • At Morning Consult, Steven Tepp weighs in on Google v. Oracle America, a dispute over the copyright status of application programming interfaces, arguing that “[i]f Google’s ‘copy now, litigate later’ approach pays off, it will dangerously weaken the fundamental incentives the founders envisioned.” [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.]
  • The NFIB blog argues that in Seila Law v. Consumer Financial Protection Bureau, a constitutional challenge to the structure of the CFPB, “[t]he Court should not water-down separation of powers doctrine by allowing a single unaccountable agency head to exercise unchecked power.”
  • At the Chicago Daily Law Bulletin (subscription required), Daniel Cotter reflects on “the most momentous, the biggest and the most noteworthy” Supreme Court cases of the past decade.

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Recommended Citation: Edith Roberts, Tuesday round-up, SCOTUSblog (Jan. 7, 2020, 6:53 AM),