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It's about that time of year...

Aardvark86

HB Heisman
Jan 23, 2018
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Monday is the first Monday in October, which means...SCOTUS term. Time for everyone to start honing their bitching and moaning skills, but in the interim, here's a preview...

Prior to today, it looked like we'd be off to a bit of a sleepy start with lots of procedural cases in the October session (other than the gun kit case). I suppose they're saving time for the variety of emergency petitions that will sadly but surely arise out of the election.

But this morning we got some cert grants, including some interesting cases. There's Ames, which appears to involve reverse employment discrimination with a sexual twist (promotion of gay over hetero) and what 'majority class' plaintiffs generally have to show; Smith and Wesson v. Mexico (where Mexico sued them for facilitating gun sales to mexican cartels); FDA v RJR Vape, a first amendment case regarding vaping warning mandates; Blom Bank, involving liability for financial transactions involving Hamas; a nuclear waste case with some procedural overtones; and Guttierez, the case about having religious advisors available at one's execution (which, interestingly, appears to have been granted in a pro se case - you go Clarence Gideon!).

EDIT: Apparently the court also rejected a number of (9) high profile emergency docket cases relating to epa regulations.
 
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So we got fifty pages of mostly cert denials from the long conference this morning. But a couple of the orders in pending cases are interesting -- SG invited to file briefs in AL v CA (an interstate climate change case involving commerce clause claims) and Mulready v PCMA case (ERISA preemption involving PBMs); response to cert petition requested in OK v US (anticommandeering doctrine case in horseracing regulation).
 
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