The importance and quality of Supreme Court oral argument; the influence on the Court of academe and legal blogging; and how advocacy and teaching affect each other.
In this five-part interview, Orin Kerr, Fred C. Stevenson Research Professor of Law at the George Washington Unversity Law School in Washington, DC, discusses his background in mechanical engineering and in law; clerking for Supreme Court Justice Anthony M. Kennedy and Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit; working in the Computer Crime and Intellectual Property Section of the U.S. Department of Justice; and teaching law. A scholar of criminal procedure and computer crime law, Professor Kerr talks about how the Supreme Court considers cases, understands legal principle and contends with changing technology; the importance of predictability in law; the institutional position of the Court; and the role of politics in understanding the Court and its membership.
“One thing that I didn’t appreciate until I was a law clerk was the extent to which the Justices are generalists…You just sort of imagine that they have, you know. clear agendas and a sense of, ‘I’m going from here to here to here.’ That’s not generally the case. That’s not the norm. The norm is that they’re generalist Justices.”
(Fabrizio di Piazza)
Bill Cosby’s prosecutors asked the Supreme Court to reinstate his conviction today. Quick explainer.
In our latest episode of SCOTUStalk, @shefalil of @19thnews joined us to preview Wednesday's argument in Dobbs v. Jackson Women's Health. Shefali explains the current state of abortion access and the case's implications in Mississippi and across America.
Roe, Dobbs, and the current state of abortion access - SCOTUSblog
In advance of Wednesday's oral argument in the momentous abortion case, Shefali Luthra, a gender and health care r...
Update: Without calling for a response or referring the case to the full court, Justice Breyer just rejected last week's challenge from Massachusetts hospital workers who object to the hospital's COVID vaccine mandate.
(Breyer handles emergency requests from Massachusetts.)
JUST IN: Another shadow-docket challenge to a COVID vaccine mandate. This one is from employees at Mass General Brigham who say the Boston-based hospital violated federal law by not granting them exemptions from the hospital's vaccine policy. Filing here: https://www.scotusblog.com/wp-content/uploads/2021/11/21A175.pdf
Today at SCOTUS: The justices return to the bench for oral argument in a case about Medicare payments to hospitals that serve low-income patients. Lots of money at stake, plus potential implications for the Chevron doctrine. @JACoganJr explains the case:
Money for safety-net hospitals at stake in dispute over Medicare payment formula - SCOTUSblog
When it comes to highlighting the complexity of the Medicare Act and its hospital payment rules, Becerra v. Empire...
Two days from now, SCOTUS will hear the biggest abortion case in a generation. In a battle over a Mississippi law, abortion opponents are asking the court to end the constitutional right to abortion. Here's our preview of the case, via @AHoweBlogger.
Roe v. Wade hangs in balance as reshaped court prepares to hear biggest abortion case in decades - SCOTUSblog
When he ran for president in 2016, then-candidate Donald Trump promised to nominate Supreme Court justices who would...
JUST IN: One new cert grant this morning: Berger v. North Carolina State Conference of the NAACP. More on the case here: https://www.scotusblog.com/case-files/cases/berger-v-north-carolina-state-conference-of-the-naacp/
#SCOTUS adds one new case to its merits docket this morning: Berger v. NC Conference of NAACP, in which the justices will weigh in on an effort by Republican legislators in the state to intervene to defend the state’s voter-ID law. Here's the order: https://www.supremecourt.gov/orders/courtorders/112421zr_7li8.pdf