Comments on: October Term 2006 Preview http://www.scotusblog.com/2006/09/october-term-2006-preview/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Simon http://www.scotusblog.com/2006/09/october-term-2006-preview/#comment-10392 Simon Tue, 19 Sep 2006 18:28:40 +0000 http://www.scotusblog.com/wp/uncategorized/october-term-2006-preview/#comment-10392 I suppose the question - and I'd be particularly interested to hear Randy answer this - is whether <i>Gonzales v. Carhart</i> will genuinely decide "whether the federal Partial Birth Abortion Act of 2003 is constitutional," or whether it will simply decide whether it is unconstitutional <i>in the particular manner the respondents allege</i>. That is, will the Court consider whether Congress had the authority to enact the statute, or will it simply assume for sake of argument that Congress had the power, and decide <i>just</i> the case before it, which is whether any such law must provide the relevant exceptions? It would seem to me that if the law is ultra vires in the first place, then it is unnecessary to answer the question of whether the law fails to meet some other standard, a question better presented in a case challenging a state's actions. I suppose the question – and I’d be particularly interested to hear Randy answer this – is whether Gonzales v. Carhart will genuinely decide “whether the federal Partial Birth Abortion Act of 2003 is constitutional,” or whether it will simply decide whether it is unconstitutional in the particular manner the respondents allege. That is, will the Court consider whether Congress had the authority to enact the statute, or will it simply assume for sake of argument that Congress had the power, and decide just the case before it, which is whether any such law must provide the relevant exceptions?

It would seem to me that if the law is ultra vires in the first place, then it is unnecessary to answer the question of whether the law fails to meet some other standard, a question better presented in a case challenging a state’s actions.

]]> By: JPS3L http://www.scotusblog.com/2006/09/october-term-2006-preview/#comment-10391 JPS3L Tue, 19 Sep 2006 13:59:32 +0000 http://www.scotusblog.com/wp/uncategorized/october-term-2006-preview/#comment-10391 Prof. Lederman, I am curious if you are aware of any intention to make this program available to the public online, either through Georgetown's multimedia resources or through a third party vendor (e.g. C-Span)? Also, a quick head's up that the link to the program you provided does not work due to the double "http//" you currently have in the address. Thanks, JPS Prof. Lederman,

I am curious if you are aware of any intention to make this program available to the public online, either through Georgetown’s multimedia resources or through a third party vendor (e.g. C-Span)? Also, a quick head’s up that the link to the program you provided does not work due to the double “http//” you currently have in the address.

Thanks,
JPS

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