Tuesday round-up

Briefly:

  • At The Economist’s Democracy in America blog, Steven Mazie identifies some “unanswered questions” in the Supreme Court’s recent order allowing the Trump administration “to start building a fence along America’s southern border using money Congress appropriated for other projects.”
  • Hansi Lo Wang reports at NPR that although “[c]ourts have permanently blocked the Trump administration from adding a citizenship question to the 2020 census,” “the Census Bureau is continuing to send surveys that ask about citizenship status.”
  • At Alcohol Law Review, Paul Pisano reflects on the late Justice John Paul Stevens’ views on the 21st Amendment, noting that “Stevens did not agree with recent Court treatment of alcohol and the history of the 21st Amendment. ”
  • Marci Hamilton remarks at Justia’s Verdict blog that when “[t]he conservative members of the Supreme Court edged closer to eliminating the separation of church and state” in The American Legion v. American Humanist Association, they also renamed the establishment clause “endorsement test[, which] was an essential element of [Justice Sandra Day] O’Connor’s Supreme Court legacy, …. so as to erase her contribution to Establishment Clause history altogether.”

  • At Law360 (subscription required), Tyler Maulsby argues that Flowers v. Mississippi, in which the Supreme Court held that a prosecutor’s repeated use of peremptory challenges to remove black people from the jury pool violated the Constitution, “also raises serious ethical issues for lawyers, including questions about the bar’s role in regulating discrimination by lawyers.”
  • At OnLabor, Jonathan Harkavy offers “a glimpse at the Supreme Court’s labor and employment decisions for the term that ended in June of 2019.”

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