- Can a treaty increase the power of Congress? Cato files amicus in latest round of Bond v. U.S. [Nick Rosencranz, Ilya Shapiro/Trevor Burrus]
- SCOTUS denies certiorari, ending closely watched Kivalina climate change nuisance case [Jenner & Block, Foley Hoag, earlier]
- Jim Huffman on Arlington v. FCC, the Court’s new decision widening deference to agencies [Daily Caller, earlier] Mike Rappaport critique of Chevron deference doctrine in administrative law [Liberty and Law, more, yet more] Split among conservative justices on Arlington not free of cattiness [Tamara Tabo]
- Mixed-motive retaliation case University of Texas Southwestern Medical Center v. Nassar hasn’t gotten much press notice but will affect plenty of real-life litigation [ABA Journal]
- Town of Greece v. Galloway: “Roberts Court to Wade into Debate Over Religion’s Place in Public Square” [Jeremy Leaming, ACSBlog; SCOTUSBlog]
- Among key New Deal cases we’re allowed to object to Wickard and even Lochner but not Carolene or Erie. Why? [Michael Greve]
- Walden v. Fiore, DaimlerChrysler AG v. Bauman: “The Supreme Court Again Revisits (And May Rein In) Personal Jurisdiction” [Grant Esposito and Brian Matsui (Morrison & Foerster), JD Supra]
- “What’s the Most Important Supreme Court Case No One’s Ever Heard Of?” [symposium, The Atlantic]
Filed under: administrative law, constitutional law, Supreme Court
One Comment
On your #2 bulletpoint about the “SCOTUS denies certiorari…”, the Foley Hoag link is one where they conclude, “It’s going to take a sea change – as it were – before plaintiffs win one of these cases.”
My comment there (in case they don’t approve it) is verbatim here:
It would have taken more than a sea change before either of these cases stood a chance of staying afloat. Each one contained a ticking time bomb: “Global Warming Nuisance Lawsuits Are Based on a Fatal Flaw” http://ow.ly/gjm8O