Bench Memos

This Week at the Supreme Court

On Monday the Supreme Court begins its March sitting with Walker v. Texas Division, Sons of Confederate Veterans, a First Amendment case about whether specialty license plates count as government speech, and are therefore immune from viewpoint neutrality requirements. (Petitioner Walker was former Chairman of the Texas Department of Motor Vehicles Board, and as far as I know, not the law enforcement officer played by Chuck Norris in Walker, Texas Ranger.)

After that, the court will consider whether the Americans with Disabilities Act regulates the process of bringing an armed, violent, and mentally ill suspect into custody in City and County of San Francisco v. Sheehan.

Tuesday is bankruptcy day at the Court, with two cases consolidated for a single argument.

Wednesday’s arguments turn to environmental law, with three cases about whether the Environmental Protection Agency unreasonably refused to consider costs when regulating air pollutants emitted by electric utilities. These may have interesting implications for statutory interpretation and administrative law buffs. (We will also probably hear at least one invocation of the no-elephants-in-mouseholes principle articulated by Justice Scalia in Whitman v. American Trucking Associations (2001).)

Jonathan KeimJonathan Keim is Counsel for the Judicial Crisis Network. A native of Peoria, Illinois, he is a graduate of Georgetown University Law Center and Princeton University, an experienced litigator, and ...

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