Federal Judiciary

Tuesday round-up

By Nabiha Syed

The Court resumes activity today after observing the Columbus Day holiday yesterday. Three cases are scheduled for oral argument today, including Bruesewitz v. Wyeth (09-152), Harrington v. Richter (09-587), and Premo v. Moore (09-658), with Justice Elena Kagan recusing herself from all. Most of the coverage of today?s cases has focused on Bruesewitz v. Wyeth, in which the Court will consider whether the National Childhood Vaccine Injury Act bars liability for vaccine design-defect claims. The New York Times and the Associated Press (via the Washington Post) both preview the case, as does the Pittsburgh Post-Gazette. (Thanks to Howard Bashman and How Appealing for the last link).  In commentary for CBS?s BNET, Jim Edwards expresses concern that a ruling in favor of the Bruesewitz family will ?plunge the judicial system down a science-free rabbit hole.? Finally, Drug and Device Law flags four key issues to watch for during the oral argument for Bruesewitz today.

Meanwhile, coverage of Snyder v. Phelps, argued last week, shows no sign of slowing down. In an opinion piece for the Chicago Tribune, Clarence Page characterizes the actions of the Westboro Baptist Church as ?an ugly price to pay for free speech.? Dorian de Wind, in an opinion piece for the Huffington Post, seems less sure: he contends that ?the right to grieve and to pay our last respects . . . must be respected and protected.? More opinions on funeral protesting are available at the Baltimore Sun, the Columbus Ledger-Enquirer, and Free Press.

The Court?s decision in Citizens United v. FEC ? issued in January ? also continues to generate discussion.   In Slate, Richard Hasen ponders whether Citizens United allows for foreign spending on American elections. Jess Bravin of WSJ Law Blog delves into the effect of Citizens United on state campaign laws, focusing on corporate electioneering in Montana. And just yesterday, SCOTUSblog?s own Lyle Denniston covers a potential ?Citizens United sequel? unfolding in Washington State.

Briefly:

-       PrawfsBlawg comments on Sunday?s story in the New York Times on the rise of Supreme Court specialist practices (to which James linked yesterday).

-       ACSblog posts Part Two of its interview with Steve Wermiel, one of the authors of Justice Brennan: Liberal Champion. Wermiel participated in a live chat on this blog last week.

-       And thanks to The Oyez Project, now “there?s an app for that?: PocketJustice provides audio clips of oral arguments from the ?top 100? Supreme Court cases on your iPhone for free. (Thanks to Constitutional Law Prof Blog for the link).

Full post as published by SCOTUSBLOG on October 12, 2010 (boomark / email).