Afternoon round-up
on May 31, 2016 at 6:05 pm
This morning the Court issued orders from last Thursday’s Conference and one opinion in an argued case. In United States Army Corps of Engineers v. Hawkes Co. Inc., the Justices ruled that an approved “jurisdictional determination” by the Army Corps of Engineers is a final agency action subject to judicial review under the Administrative Procedure Act. Coverage of the opinion comes from Lydia Wheeler of The Hill, Lawrence Hurley of Reuters, Richard Wolf of USA Today, Brent Kendall of The Wall Street Journal, Sam Hananel of the Associated Press, Greg Stohr of Bloomberg, Daniel Fisher of Forbes, Annie Snyder of Politico, Robin Bravender of E&E, and David Savage of the Los Angeles Times.
Commentary on the opinion comes from Jonathan Adler for The Volokh Conspiracy, Tara Golshan of Vox, Seth Jaffe for Law & The Environment, and Lisa Soronen for IMLA.
Amy Howe covered today’s orders for this blog. The Court added one new case to its docket for next Term: State Farm Fire & Casualty Co. v. United States, a case involving the False Claims Act. Coverage of the grant comes from Greg Stohr of Bloomberg and Lawrence Hurley of Reuters.
The Court’s actions in two cases involving the death penalty also garnered coverage. In one case, the Justices denied review – over a dissent from Justice Stephen Breyer that was joined by Justice Ruth Bader Ginsburg – in the case of a Louisiana death-row inmate who challenged (among other things) the constitutionality of the death penalty. And in another, the Court summarily reversed a decision by the Arizona Supreme Court, which had ruled that a defendant was not entitled to tell jurors that, if he was not sentenced to death, he would not be eligible for parole. Coverage comes from Nina Totenberg of NPR, Adam Liptak of The New York Times, Lydia Wheeler of The Hill, Lawrence Hurley of Reuters, Richard Wolf of USA Today, Jess Bravin of The Wall Street Journal, Robert Barnes of The Washington Post, Chris Geidner of BuzzFeed, and Debra Cassens Weiss of ABA Journal. Commentary comes from Mark Joseph Stern at Slate.
Also included in this morning’s orders was a denial in a case brought by unionized casino workers at a casino formerly owned by Republican presidential candidate Donald Trump; the workers were challenging the loss during bankruptcy proceedings of health insurance and payments to a pension fund. Coverage of the denial comes from Nina Totenberg of NPR, Lydia Wheeler of The Hill, Lawrence Hurley of Reuters, Brent Kendall of The Wall Street Journal, Greg Stohr of Bloomberg, and Josh Gerstein of Politico.
