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In a surprise move, a divided Court on Tuesday ordered the Obama administration to halt implementation of its clean energy plan pending the outcome of a legal challenge now before a federal appeals court. Accounts of the ruling can be found in The National Law Journal and Reuters. Defenders of the Court’s action include Jonathan Adler at the Volokh Conspiracy. Among those criticizing the Court are the New York Times editorial board (“The justices could easily have waited.”); Noah Feldman at Bloomberg, who writes that the Court’s action risks undermining due process principles; and Justin Pidot at ACSblog.
Oyez’s newest cycle of their podcast So Ordered explores cases associated with reproductive rights.
Justice Sotomayer hired Kamaile Turcan, the Court’s first native Hawaiian law clerk, a move that, according to Tony Mauro at The National Law Journal, “says as much about the Justice as it does about Turcan.”
“There is a place, I think, for jury nullification—finding the balance in that and the role judges should play,” Justice Sotomayer said at New York University School of Law on Monday. Reporting by Law360.