Monday round-up

By Kiera Flynn
on Sep 19, 2011 at 10:33 am

The editorial board of the Chicago Sun Times encourages the public to “defend privacy – before it’s gone.”  As an example of government erosion of privacy, the board cites United States v. Jones, the Fourth Amendment GPS tracking case scheduled for argument in November.  And in a broader discussion of the legality of using cell phones for surveillance, Mike Kirkland of UPI also previews Jones.

Citing the Court’s recent decision in Wal-Mart v. Dukes, on Friday, the Ninth Circuit set aside a 2007 decision allowing a suit by female Costco employees to proceed as a class action.  The case now returns to the district court for further consideration.  Bob Egelko at the San Francisco Chronicle, the Chicago Tribune, Bloomberg, and Reuters all provide coverage.

On Friday, Justice O’Connor celebrated Constitution Day in Philadelphia, Pennsylvania.  She also published an op-ed in the Philadelphia Inquirer promoting civic education, arguing that “it is never too late to learn what makes our country special and our role in protecting it.”  USA Today, the Philadelphia Inquirer, and the Associated Press provide coverage of the event.

Justice Breyer will serve as a judge for architecture’s renowned Pritzker Prize.  The Associated Press (via the Washington Post), Los Angeles Times, the Arts Beat blog of the New York Times, and the Cityscapes blog of the Chicago Tribune all have coverage, as do World Architecture News and Debra Cassens Weiss at the ABA Journal.  Finally, Hugh Hewitt of Townhall.com discusses his conversation last week with Justice Breyer in Pasadena, California.

The editorial board of the New York Times urges the Court to grant cert., or “at the very least, order a lower federal court to consider” the possibility of a new sentencing hearing in the case of Duane Buck, the Texas death row inmate whose execution the Court stayed last week; the editorial board of the Fort Worth Star Telegram similarly calls for a new sentencing hearing for Buck.  (Marissa covered the stay in Friday’s round-up.)  The New York Times, Los Angeles Times, the Houston Chronicle, the Wall Street Journal Law Blog, NPR and the Guardian all have coverage, as does the New Yorker blog.  At the Volokh Conspiracy, Jonathan Adler predicts that the Court is likely to grant certiorari.

The editorial board of the New York Times expresses support for a proposal from the Reporters Committee for Freedom of the Press urging the Court to adopt a rule making all documents filed with it “available to the public for inspection.” The board argues that “the Supreme Court needs a clear rule that ensures transparency whenever possible.”

At the National Review Online, Hans A. von Spakovsky discusses Fisher v. University of Texas, in which a Texan denied admission to that state’s university has asked the Court to weigh in on the constitutionality of the university’s admissions policy.  (Lyle reported on the filing of the petition on Friday.)  In a post at the Volokh Conspiracy, Todd Zywicki also notes the filing of the petition.