Every post published in January 2019, most recent first.
Brianne Gorod is Chief Counsel at the Constitutional Accountability Center. There are lots of Supreme Court cases that don’t make big headlines. But that doesn’t mean they aren’t important. A case the court will hear later this term is a prime example.
Jonathan H. Adler is the Johan Verheij Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.
Briefly: At Verdict, Sherry Colb discusses Mitchell v. Wisconsin, in which the court will decide whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement; she questions the utility of the “implied consent” concept, arguing that the Fourth Amendment analysis would be cleaner without it.
Gillian Metzger is the Stanley H. Fuld Professor of Law at Columbia Law School. From one perspective, the Supreme Court’s decision to grant review in Kisor v. Wilkie is not surprising.
Elizabeth Murrill is the solicitor general of Louisiana, which joined Utah and 17 other states in a cert-stage amicus brief urging the court to grant Kisor v. Wilkie and overrule Seminole Rock and Auer.
Briefly: Tucker Higgins of CNBC covers Monday’s request (in June Medical Services, LLC v. Gee) by two doctors and an abortion clinic to prevent a Louisiana abortion law from going into effect as they pursue their case at the Supreme Court; the state’s response is due tomorrow.
Over the past several years the Supreme Court has undergone substantial change. Not only has the face of the court shifted, but so has its center, with the departure of Justice Anthony Kennedy.
Adrian Vermeule is the Ralph S. Tyler, Jr., Professor of Constitutional Law at Harvard Law School.
Kimberly Hermann is General Counsel at Southeastern Legal Foundation. As James Madison captured in Federalist 51, our federal structure is designed to give unique powers to each branch of government for “keeping each other in their proper places” – the critical separation of powers principles.
Briefly: In the wake of the recent decision by the U.S. Court of Appeals for the 9th Circuit in Robles v. Domino’s Pizza, holding that the ADA requires businesses to make websites accessible to the disabled, NFIB urges the Supreme Court to “clarify, once and for all, whether the ADA covers digital