Articles

Breyer mum as some liberals urge him to quit Supreme Court

With spring comes the start of the period in which many justices have announced their retirement from the United States Supreme Court. Some progressives say it is time for Justice Stephen Breyer to go, without delay. Other liberal voices have said Breyer, the oldest justice, should retire when the court finishes its work for the term, usually by early summer.

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Indiana abortion law injunction upheld after remand from SCOTUS

A sharply divided 7th Circuit Court of Appeals has upheld for the second time an injunction blocking a 2017 Indiana law requiring parental notification of a minor seeking an abortion. The ruling sets up an almost certain second appeal to the United States Supreme Court, which had already sent this case back for review.

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Sugarman and Thomas: Can plaintiffs ‘squeeze’ restoration damages out of ELA?

On April 20, 2020, the U.S. Supreme Court issued its decision in Atlantic Richfield Co. v. Christian, No. 17-1498, 140 S.Ct. 1335. The Court’s holding was relatively simple: plaintiffs (Montana landowners) could bring state court claims pursuing cleanup of additional contamination from the “Anaconda Smelter,” but they were first required under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to seek the U.S. Environmental Protection Agency’s (EPA) approval for additional cleanup. While on its face this decision addresses the interplay between CERCLA and Montana state law claims, the ramifications of Atlantic Richfield may be felt in Indiana.

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