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The morning read for Friday, May 24

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read:

Supreme Court rules in South Carolina gerrymandering case (Nina Totenberg, NPR)
Supreme Court throws out race claim in South Carolina redistricting case in win for GOP (Lawrence Hurley, NBC News)
Supreme Court Conservatives Add New Minority Voter Roadblocks (Kimberly Strawbridge Robinson, Bloomberg Law)
Tired, testy and fractured: The Supreme Court prepares for more drama

… Read the rest

Civil Law

What Do Plaintiffs’ Lawyers’ Pre-Filing Press Releases Signify?

One of the procedural innovations the PSLRA introduced was the requirement that plaintiffs’ counsel who file a securities class action lawsuit complaint must issue a press release announcing the complaint’s filing and notifying prospective class members of the opportunity to seek to become lead plaintiff. Plaintiffs’ lawyers quickly realized the potential publicity value for them from this exercise. Over time, related practices have developed, including the now commonplace practice in which plaintiffs’ lawyers issue a press release before they have … Read the rest

Supreme Court

Restrictions on gender-affirming medical care – and assault weapons

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

After going two conferences without any new relists, the Supreme Court ended the relist drought this week with a vengeance. We have 12 new relists, several of which are potential blockbusters if the court grants review.

Gender-affirming care

Three of the cases involve constitutional challenges brought against state prohibitions on providing gender-affirming care … Read the rest

Civil Law

Company refuses to recall apricot products despite FDA warning of possible cyanide poisoning

The FDA is warning consumers against consuming Apricot Power products because of the presence of the toxic compound amygdalin, which can lead to cyanide poisoning.

Following receipt of a complaint and sample results, the Food and Drug Administration notified Apricot Power of the results and initial concerns. On May 8, the firm declined to recall the products. Upon additional assessment of the findings, the FDA held a follow up call with the firm to share the risks associated with these … Read the rest

Supreme Court

Court rules for South Carolina Republicans in dispute over congressional map

The Supreme Court on Thursday threw out a ruling by a federal district court holding that a congressional district on the South Carolina coast was an unconstitutional racial gerrymander – that is, it sorted voters based primarily on their race. In an opinion by Justice Samuel Alito, the justices cleared the way for the state to use the map going forward. The 6-3 decision, with the justices divided on ideological lines, means that the disputed district will remain a … Read the rest

Supreme Court

The morning read for Tuesday, May 21

Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Tuesday morning read:

Supreme Court denies challenge to Mountain Valley pipeline (Niina H. Farah, E&E News)
Supreme Court declines case on Montgomery Co. Public Schools gender identity policy (Kate Ryan, WTOP News)
The Supreme Court’s CFPB Ruling Saved the Fed, Too (Noah Feldman, Bloomberg)
Justice Alito sold Bud Light stock amidst anti-trans boycott effort (Chris Geidner, Law

… Read the rest

Civil Law

EU AI Act Is Now Adopted

On May 21, 2024, the Council of the European Union (the Council) formally signed off on the latest draft of the European Union’s (EU) Artificial Intelligence Act (AI Act) (see the press release here). This marks the final seal of approval from the EU legislators. The text will officially become law once it is signed by Presidents of the European Parliament and of the Council and published in the Official Journal of the EU. This could take place within the next … Read the rest

Supreme Court

Justices dubious about dismissing suits while waiting for arbitration

Smith v. Spizziri is this week’s item on the court’s bountiful menu of cases under the Federal Arbitration Act. The question here is what options are available to a trial court that decides to send a case to arbitration. Must it stay the matter or, instead, does it have the option to dismiss it entirely? Discussion at the argument suggested that the justices were skeptical about the practical consequences of dismissal, so Justice Sonia Sotomayor’s opinion for a unanimous … Read the rest