Cases of Interest in the Pipeline

 Gavel If we can tear ourselves away for a moment from the Pelagian morality play, or circus act, on stage in Kentucky, there are some other interesting cases which are winding through the U.S. courts.

Shapiro v. McManus:  A case brought by a Maryland Republican who believes the Democrats gerrymandered districts after the 2010 census.  What make this interesting is that Shapiro is contending his case should have been heard by a three judge panel – which would put it on a fast track to the Supreme Court. [ScotusBlog, Baltimore Sun]  Those watching voting rights and political cases may want to keep track of this one.

Arizona v. U.S.:  The immigration issue, and the legal status or protections related thereto, is central to this long running case based on the Papers Please Arizona law otherwise known as SB 1070. The case is back in the news:

“Challengers of Arizona’s landmark immigration law failed to show that police would enforce the statute differently for Latinos than they would for people of other ethnicities, a judge said in a ruling that dismissed the last of seven challenges to the law.

The ruling could signal the end of the case and gave a victory to backers of the law, which was approved in 2010.

In her order Friday, U.S. District Court Judge Susan Bolton dismissed the challenge and upheld provisions that were previously ruled on by appeals courts.” [LA Times]

Stay tuned.

Whole Women’s Health et al v. Cole:  The case has been filed by Planned Parenthood supporters in Texas challenging the “unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion.”  (pdf)  The petition raises some crucial questions and is highly recommended reading. (h/t Scotusblog]

Okay, if we really can’t avoid the Rowan County clerk’s exercise in liberum arbitrium, ( the moral strength of man’s will when steeled by asceticism is sufficient in itself to desire and attain the loftiest ideal of virtue ) then there are some interesting and informative articles available which go beyond sideshow reportage:

  • Marty Lederman “Further strangeness in the Kim Davis Case,” Balkinizaton blog September 7, 2015.  Mark Graber “A Different Take on Kim Davis, Balkinization, September 5, 2015.
  • Lyle Denniston “A New Legal Cloud over same-sex marriage in Kentucky,” Scotus Blog, September 3, 2015.
  • Charles J. Reid, “No Refuge in Scripture or in Law,” Huffington Post, September 5, 2015.
  • Garrett Epps, “The fatal flaw in Davis’s appeal,” Atlantic, September 2, 2015.
  • Brian Tashman, “Five Bizarre Arguments Kim Davis’ Supporters Have Used To Defend Her Lawbreaking,” Right Wing Watch, September 4, 2015.

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