The “Texas Two-Step” Firestorm: This Is No Dance!

In recent weeks, a move dubbed the “Texas Two-Step” has leaped from coverage first in publications geared only for the professional restructuring community, then to the mainstream press, then to hearings before the United States Senate Judiciary Committee, and now to a full-blown trial ongoing in a New Jersey bankruptcy court.  For those not closely following the action (perhaps thinking this was merely some new dance craze), a brief explanation of the Texas Two-Step strategy, the arguments for and against … Read the rest

Sovereign immunity and defective indictments

Sovereign immunity and defective indictments

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Turkey is immune from suit from protesters injured by security forces at its ambassador’s residence, and whether a defective indictment for a federal gun crime was harmless or structural error.

Turkey claims immunity over May 2017 security altercation with protesters 

Republic of Turkey v. Usoyan raises a question under the Foreign Sovereign Immunities Act in a case following a violent clash … Read the rest

Catfish from Vietnam recalled for lack of reinspection

Corfu Foods Inc. of Bensenville, IL, is recalling 6,570 pounds of swai, also known as catfish, imported from Vietnam that was not presented for import reinspection into the United States, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

“The problem was discovered when a company notified FSIS that they received and further distributed imported product without verifying that the product was presented for FSIS import reinspection,” according to the recall notice posted by the FSIS.… Read the rest

Breyer speaks about his approach to judging and the value of diverse experience

Breyer speaks about his approach to judging and the value of diverse experience

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Sitting at the edge of his seat on stage at the Law Library of Congress Thursday afternoon, soon-to-be-retired Justice Stephen Breyer was exuberant and humble as ever about his work on the court. Jeffrey Minear, the counselor to Chief Justice John Roberts, spoke with Breyer about his tenure — and his books — for an annual lecture sponsored by the Supreme Court Fellows Program.

Minear began by asking about changes to the court since Breyer clerked for Justice Arthur … Read the rest

The morning read for Tuesday, Feb. 15

The morning read for Tuesday, Feb. 15

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Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at roundup@scotusblog.com.

Here’s the Tuesday morning read:

  • ‘Law is king’: Amy Coney Barrett discusses constitutional interpretation, life on Supreme Court in return to Notre Dame (Ryan Peters, The Observer)
  • Ketanji Brown Jackson, a judge who defies stereotypes, is on Biden’s SCOTUS list (Nina Totenberg, NPR)
  • Labor issues complicate Judge J.
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EC Notifies WTO of Draft Amendment to Cosmetics Regulation to Prohibit Certain Nanomaterials

The European Commission (EC) notified the World Trade Organization (WTO) on February 11, 2022, of a draft amendment to the Cosmetics Regulation regarding the use of certain nanomaterials in cosmetics products. The EC states that the amendment is required to enact the prohibition to use in cosmetic products certain nanomaterials for which the Scientific Committee on Consumer Safety (SCCS) identified a basis of concern. The draft amendment would revise Annex II to the Cosmetics Regulation (list of substances prohibited in … Read the rest