Corbin K. Barthold and Cory L. Andrews, Author at SCOTUSblog

Corbin K. Barthold and Cory L. Andrews Guest

Cory L. Andrews and Corbin K. Barthold are, respectively, Senior Litigation Counsel and Litigation Counsel at the Washington Legal Foundation. Andrews’ individual contributions to this blog are available at this link.

Date	Post Title

06.27.19	Symposium: A small win for James Kisor; a big loss for the Constitution

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The justices are on their summer recess.
Major Cases
- Department of Commerce v. New York
  The secretary of the Department of Commerce did not violate the enumeration clause or the Census Act in deciding to reinstate a citizenship question on the 2020 census questionnaire, but the district court was warranted in remanding the case back to the agency where the evidence tells a story that does not match the secretary’s explanation for his decision.
- Kisor v. Wilkie
  Auer v. Robbins and Bowles v. Seminole Rock & Sand Co – under which deference is given to an agency’s reasonable reading of its own genuinely ambiguous regulations – are not overruled.
- Rucho v. Common Cause
  Partisan gerrymandering claims present political questions beyond the reach of the federal courts.
- The American Legion v. American Humanist Association
  The Bladensburg Cross does not violate the establishment clause of the First Amendment.
- Gamble v. United States
  The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld.
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Justice Ginsburg discusses OT 2018

On July 24, Justice Ruth Bader Ginsburg spoke about the previous Supreme Court term with Duke University School of Law Professor Neil Siegel in Washington, D.C.

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Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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