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Tuesday, October 9, 2012 "The Hidden Stakes of the Election": Today at the blog of The New York Review of Books, law professor Cass R. Sunstein has a post that begins, "It is not exactly news that there are big differences between judges chosen by Republican presidents and judges chosen by Democratic presidents. Of course the most visible differences involve constitutional law." Posted at 11:15 PM by Howard Bashman "Eyes on Justice Kennedy in Affirmative-Action Case": Jess Bravin will have this article Wednesday in The Wall Street Journal. Posted at 11:11 PM by Howard Bashman "Feds seek full court review of cigarette warnings": The Associated Press has this report. And Bloomberg News reports that "FDA Seeks Reconsideration of U.S. Cigarette Label Ruling." You can view the FDA's petition for rehearing en banc at this link. Lawrence Hurley of Greenwire is reporting: In coverage of today's U.S. Supreme Court Order List, he has articles headlined "Justices steer clear of Chevron's $18B Ecuadorean pollution judgment" and "Justices won't hear Ala. Superfund dispute." Posted at 10:48 PM by Howard Bashman "Race and College Admissions, Facing a New Test by Justices": Adam Liptak has this article today in The New York Times. In Wednesday's edition of USA Today, Richard Wolf will have an article headlined "Supreme Court to weigh in again on affirmative action." Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court case on use of race in admissions could be landmark; The University of Texas at Austin admits some students based on a process that includes race as one factor -- even though the school is already racially diverse; The Supreme Court will consider whether that process is justified." And Stacy Teicher Khadaroo has an article headlined "Supreme Court: If affirmative action is banned, what happens at colleges? Nine states have tried to achieve campus diversity through other means, with mixed results; On Wednesday, the Supreme Court takes up an affirmative action case from the University of Texas at Austin." Ariane de Vogue of ABC News reports that "Supreme Court to Hear Case Brought by White Student Who Claims Race Cost Her Admission to UT." The San Antonio Express-News has an update headlined "Supreme Court to hear case against UT's race-conscious admissions." Terry Baynes of Reuters has a report headlined "Preview: Is Supreme Court set to end use of race in admissions?" This evening's broadcast of NPR's "All Things Considered" contained audio segments entitled "Supreme Court To Take Up Affirmative Action Case"; "At U. Of Texas, A Melting Pot Not Fully Blended"; and "How Does Affirmative Action Impact Colleges?" At "SCOTUSblog," Lyle Denniston has a post titled "Argument preview: Is affirmative action about to end?" At WSJ.com's "Washington Wire" blog, Jess Bravin and Sara Murray have a post titled "Romney Stays Away From Affirmative Action Case." In today's edition of The Los Angeles Times, Lee C. Bollinger and Claude M. Steele have an op-ed entitled "A high-stakes battle for higher education: The Supreme Court should recognize that we all benefit from affirmative action in college admissions." At the "Defining Ideas" site of the Hoover Institution, law professor Richard A. Epstein has an essay entitled "The Affirmative Action Quagmire: Rather than place restrictions on race-based preferences, the Supreme Court should let colleges run themselves." Online at Slate, Emily Bazelon has a jurisprudence essay entitled "Rage or Justice: The complicated emotions behind the Supreme Court's upcoming argument on affirmative action." And online at The Atlantic, Andrew Cohen has an essay entitled "How Affirmative Action Shaped the Current Supreme Court: Tomorrow's case may put an end to the policy at U.S. universities; But its personal impact on the careers of several of the justices could hardly be more pronounced." "Federal Circuit: Congress can't renege on pay promises to judges." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report. Posted at 09:48 PM by Howard Bashman Programming note: Additional posts will not appear here until this evening. Once the U.S. Supreme Court posts its Order List online shortly after 9:30 a.m. eastern time today, you can access it via this link. And you can access timely coverage of the Order List from "SCOTUSblog." 
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