The morning read for Thursday, Dec. 8

The morning read for Thursday, Dec. 8

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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 Thursday morning read:

  • Takeaways from Moore v. Harper, the historic Supreme Court arguments on election rules (, CNN)
  • A Conservative Theory Too Extreme Even for This Supreme Court (Noah Feldman, Bloomberg)
  • What Difference Would It Make If the
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Justices probe government’s authority to dismiss False Claims Act lawsuits

Justices probe government’s authority to dismiss False Claims Act lawsuits

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The Supreme Court heard oral argument on Tuesday in the case of Dr. Jesse Polansky, a whistleblower who had filed a claim on behalf of the government under the False Claims Act’s qui tam provision. The Department of Justice had initially allowed Polansky to proceed with the lawsuit against a company he accused of causing millions of dollars in false Medicare bills to the government, but after several years of litigation sought to force dismissal of the case. At … Read the rest

A bungled house sale, a bankrupt couple, and a statutory puzzle involving debts incurred through fraud

A bungled house sale, a bankrupt couple, and a statutory puzzle involving debts incurred through fraud

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The court will hear its second bankruptcy case of the week next Tuesday, with Bartenwerfer v. Buckley following close on the heels of the Monday argument in MOAC Mall Holdings LLC v. Transform Holdco LLC. The cases could hardly be more different. MOAC Mall Holdings involves the assignment of a shopping-center lease in a large corporate reorganization. Bartenwerfer presents a single impecunious debtor attempting to discharge a debt incurred through the fraud of her husband.

The case involves … Read the rest

FSIS seeking public comments on a number of proposed rules and regulations for the USDA

The USDA’s Food Safety and Inspection Service are seeking public comments on proposed rules and notices, which are viewable on the FSIS Federal Register & Rulemaking webpage.

Of note is that FSIS extended the written comment period on the proposed Salmonella framework to Dec. 16, 2022. Written comments should be submitted through Regulations.gov. Visit the FSIS website to view the Federal Register notice and details on how to comment.

FSIS is currently seeking comments on the following:

  • Until December 16: Proposed Framework for Controlling Salmonella
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Justices asked again to consider the consequence of biased jurors

Justices asked again to consider the consequence of biased jurors

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

The Supreme Court has ruled that the seating of a biased juror can violate the constitutional right to an impartial jury. It has stopped short, however, of holding that the violation is so stark as to constitute a “structural error” requiring automatic reversal under the Sixth Amendment, and state courts … Read the rest

What mental state is required for making a prohibited “true threat”?

What mental state is required for making a prohibited “true threat”?

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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.

It will be a short installment this week, because at their last conference, the justices disposed of only one relist, and added only one. The court dismissed the appeal in Brooks v. Abbott, involving a Texas state legislative redistricting dispute. Because the court had mandatory appellate jurisdiction over that matter, that likely … Read the rest