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The Latest Breaking News from Elizabeth Prelogar

On Universal Vacatur, the Supreme Court, and the D.C. Circuit

Thoughts on recent oral argument exchanges on whether the Administrative Procedure Act contemplates (let alone requires) universal vacatur.

Reason

Thoughts on Today's Supreme Court Student Loan Forgiveness Oral Arguments

The justices seem to be clearly leaning against the Biden Administration on the merits. The procedural issue of standing is a closer call, though ultimately more likely than not to come out the same way.

Reason

Conservative and liberals split at Supreme Court over Biden student loan plan

A majority of the court's conservatives indicating great skepticism over the president's loan-forgiveness plan.

WEKU

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Biden's student debt relief plan appears in jeopardy after Supreme Court arguments

The conservative justices repeatedly questioned Biden's legal authority to offer the debt relief.

Axios

Supreme Court airs doubts on student loan forgiveness program - Roll Call

The program would forgive up to $20,000 for individual borrowers and cost up to $400 billion — amounts that gave several justices pause.

Roll Call

Neil Gorsuch's LGBT Decision May Doom Affirmative Action in the Supreme Court

Why isn’t affirmative action in college admissions prohibited under the Civil Rights Act?

Reason

Social media companies in the US brace to battle onslaught of legal challenges

State and federal lawsuits and bills with far-reaching regulatory implications for TikTok, Meta and others come to a head this year

The Guardian - US

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Let's Not Set Aside The Scholarly Debate About Vacatur

Sam Bray and John Harrison have moved an argument about equity from "off-the-wall" to "on-the-wall"

Reason

The Solicitor General Says It Is Not "Ever Too Late" to Get A Statute Right

Is the federal government giving up on statutory stare decisis?

Reason

Supreme Court appears divided in Texas case over Biden immigration policies

WASHINGTON — The Biden administration painted a bleak picture Tuesday of what would happen if the Supreme Court sides with Texas and rules federal laws trump prosecutorial discretion in certain immigration enforcement cases.

Tribune News Service

Supreme Court weighs funding in immigration enforcement case - Roll Call

The Biden administration urged the Supreme Court on Tuesday to revive guidelines narrowing enforcement priorities for immigration agents.

Roll Call

How a Gorsuch LGBT Ruling May Doom Affirmative Action in College Admissions

The link between Bostock v. Clayton County and Students for Fair Admissions v. University of North Carolina

Reason

Biden administration urges Supreme Court to revive student loan forgiveness plan

WASHINGTON — The Biden administration asked the Supreme Court on Friday to lift lower court orders and clear the way for the Education Department to forgive millions of student loans.

Los Angeles Times

Biden administration urges Supreme Court to revive student loan forgiveness plan

WASHINGTON — The Biden administration asked the Supreme Court on Friday to lift lower court orders and to clear the way for the Education Department to forgive millions of student loans.

Los Angeles Times

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The Independent UK

Supreme Court more diverse than lawyers who argue before it

The Supreme Court looks more like America than it ever has

Tribune News Service

An unusual argument for affirmative action: national security

WASHINGTON — The conservative-controlled Supreme Court appears ready to curtail the use of race in college admissions. But the federal government has offered an unexpected defense of the practice: national security.

Roll Call

An unusual argument for affirmative action: national security - Roll Call

An affirmative action case before the Supreme Court could have lasting implications for diversity in the military.

Reason

Justice Kagan Asks About Racial Preferences For Law Clerk Hiring

I provide an answer.

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Los Angeles Times

Supreme Court's conservatives appear ready to end college affirmative action

WASHINGTON — The Supreme Court's conservative majority sounded skeptical of affirmative action during arguments Monday, questioning why universities should be able to continue using race as a factor in deciding who they admit.

Roll Call

Supreme Court sounds skeptical of race in college admissions - Roll Call

The conservative-controlled Supreme Court appeared ready to curtail the use of race in college admissions during oral arguments Monday.

Tribune News Service

The US government wants to argue against North Carolina lawmakers at the Supreme Court

RALEIGH, N.C. — The United States government is so opposed to a theory North Carolina lawmakers plan to argue in front of the Supreme Court that it now wants to be included in oral arguments.

Salon

DOJ "pulverizes" Trump's SCOTUS appeal

The filing "feels like a veteran kindergarten teacher calmly correcting a naughty kid," legal analyst says

Los Angeles Times

Department of Justice asks Supreme Court not to intervene in Trump classified records fight

WASHINGTON — The Department of Justice urged the Supreme Court in a filing Tuesday not to weigh in on an ongoing fight with former President Donald Trump over classified documents, arguing that Trump “has not even attempted to explain” how he is harmed by an appellate court decision not to…

The Independent UK

Justice Department asks Supreme Court to stay out of Trump document case

The US Solicitor General says Mr Trump’s lawyers made ‘little effort to show’ the Supreme Court is likely to review a lower court decision letting prosecutors use classified documents seized from Mr Trump’s home

Roll Call

Question for justices: Does California put US pigs in clover? - Roll Call

National pork producers argue before the Supreme Court against California's Proposition 12 requirements on pork production.

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Ketanji Brown Jackson

[ Brett M. ] Kavanaugh

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