Weekly Roundup – October 16, 2013

Did you miss your Supreme Court news this week? Let our Weekly Roundup help. (To stay on top of the latest Supreme Court happenings, follow ISCOTUS on Twitter.)

This Term

Oral argument audio with transcripts for all of last week’s cases, including McCutcheon, is available on Oyez

ISCOTUS Director Carolyn Shapiro took part in an intelligent panel discussion on the new Supreme Court Term on Chicago Tonight

Supreme Court to hear challenges to property seizures before trials

This week’s orders list

Court to rule on greenhouse gasses

The federal shutdown is bad enough – but an upcoming case at the Supreme Court might intensify the gridlock

Faculty OT 2013 Preview

We’re putting together our Deep Dive on Town of Greece v. Galloway. Teachers, what do you want to see included? Tweet us your input

The Supreme Court decided to hear several cases about greenhouse gas emissions. Learn more about the central question these cases ask

Feds Demand Supreme Court Thwart Challenge to NSA Phone Spying

Supreme Court to Hear Challenge to E.P.A. Rules on Gas Emissions

Supreme Court Is Skeptical of Case Against Daimler

Learn more about Kansas v. Cheever, argued today at the Court

Petitions to watch at Friday’s conference


How is this Term’s affirmative action case different from last Term’s? Professor Harpalani has the answers about Schuette v. Coalition to Defend Affirmative Action

Argument preview: Race’s role on campus, in society in Schuette v. Coalition to Defend Affirmative Action

Kenneth Jost discusses the “rights-protecting” precedent at risk at Court in Schuette

A ‘Wonderland’ moment for the court in Schuette

The Supreme Court heard Schuette v. Coalition to Defend Affirmative Action on Tuesday.Why are two groups separately arguing in defense of affirmative action

In U.S. top court race case, John Roberts is chief phrasemaker

PBS NewsHour discussed whether the Michigan amendment prohibiting affirmative action violates equal protection

About the Court

It may be the Kennedy Court for now, but one prediction says the Supreme Court will soon belong to Kagan

Justice Breyer will write on Marcel Proust in the New York Review’s 50th anniversary issue

Justice Kennedy provides an inside look at the Justices’ decision process – and his feelings on often being the deciding vote

Justices Ginsburg and Scalia both complain about the Court’s judicial activism – but some researchers argue otherwise

Inside the Case: Schuette v. Coalition to Defend Affirmative Action


Schuette v. Coalition to Defend Affirmative Action

The Supreme Court will decide on another affirmative action case this Term. Schuette v. Coalition to Defend Affirmative Action, though, is different from the previous Term’s case in its central premise. Learn the background of the case from Professor Vinay Harpalani of Chicago-Kent College of Law.

Guest Post: Constitutional Interpretation in the 21st Century, by Christopher Schmidt


United States v. Windsor

Tomorrow, Thursday, October 10, Chicago-Kent will host a panel discussion on the same-sex marriage cases the Supreme Court decided last June. This event marks the law school’s belated celebration of Constitution Day (Sept. 17). The symposium is funded largely through a grant from the Jack Miller Center’s Constitution Day Initiative. Panelists include Ilya Somin of George Mason University Law School and Chicago-Kent’s Katharine Baker and Carolyn Shapiro. Professor Steven Heyman will moderate.This post originally appeared in the Chicago-Kent Faculty Blog and is republished with permission.

The Chicago-Kent Constitution Day symposium theme—“When Did It Become Unconstitutional for States to Ban Same Sex Marriage?: Constitutional Interpretation in the 21st Century”—comes from a fascinating exchange during oral arguments between Justice Scalia and attorney Theodore Olson in the same-sex marriage cases last March. Olson was arguing on behalf of a group of plaintiffs from California who were challenging Proposition 8, the ballot initiative by which a slim majority of Californians voted to add a same-sex-marriage prohibition to their state constitution. Olson was urging the Court to issue a broad ruling declaring a constitutional right for same-sex couples to marry, but Justice Scalia was not buying his argument. “When did it become unconstitutional to exclude homosexual couples from marriage?” the Justice asked. “1791 [when the Bill of Rights was adopted]? 1868, when the Fourteenth Amendment was adopted?”

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SCIPR Summary

Last week, ISCOTUS was a sponsor of Chicago-Kent College of Law’s Supreme Court Intellectual Property Review (SCIPR), which highlighted intellectual property cases before the Supreme Court last Term and discussed implications for the coming Term. ISCOTUSnow presents a summary from each session of the conference, with help from Daniel Saunders of the Chicago-Kent faculty blog.

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First Supreme Court Orders After Long Conference Announced

On Monday, September 30, the Supreme Court met for its Long Conference, where it considered the hundreds of petitions that came in over the summer. While the Court ultimately grants a tiny number of those cases, at the Long Conference they generally grant more cases than at any other point during the year. This morning, the Court announced eight cases in which cert was granted and one case in which cert was denied. Lyle Denniston at SCOTUSblog has written a comprehensive summary of the cases that were granted, the issues posed, and what happens next.

Most of the remaining petitions considered at the Long Conference will be denied, and those orders will be issued on Monday, October 7. A few of the remaining cases, however, may be held over for action in the future. Stay tuned with ISCOTUSnow to stay up to date with the latest in Supreme Court happenings.

It’s Not Too Late To Join SCIPR

The Supreme Court Intellectual Property Review conference (SCIPR) takes place on Thursday, September 26 at Chicago-Kent College of Law. Join us for a full day of discussing the important IP cases that were before the Supreme Court last Term, looking ahead to important IP cases in the 2013 Term, and a keynote from the Honorable Diane Wood of the 7th Circuit. This conference is eligible for 5.0 hours of IL MCLE credit.

SCIPR sessions include FTC v. Actavis, Gunn v. Minton, Already v. Nike, Kirtsaeng v. John Wiley, Bowman v. Monsanto (featuring Mr. Bowman), and Myriad Genetics (featuring petitioner Dr. Harry Ostrer (sp?)). Judge Wood will discuss the federal circuit’s exclusive jurisdiction in patent cases, and the session that looks to the coming Term will be moderated by ISCOTUS Director Carolyn Shapiro.

You can register for this informative full-day event here. Your conference registration includes lunch, coffee breaks, and a post-conference reception. We hope to see you there!