“Activism” as an invented term that is in the eye of the beholder and fails to describe the Court’s duty, which is to engage and to say “no” to the political branches.
In this six-part interview, Randy E. Barnett of the Georgetown University Law Center discusses his background, interests, and his role in Supreme Court cases involving medical marijuana and the Affordable Care Act; originalism’s effect on the Court’s jurisprudence; and the meaning and relation of justice to politics, history, precedent, and the Court.
“I consider myself, first and foremost, a legal scholar. And, I’ve never really considered myself either a litigator or a legal advocate per se. I got drawn into litigation on the basis on my scholarship.”
(Fabrizio di Piazza)
Today at SCOTUS: The final two arguments of 2021, and they're both biggies. One case involves a state's refusal to provide funds to religious schools. The other involves the right to an effective lawyer -- and what happens post-conviction if that right was potentially violated.
Today at SCOTUS: One argument in a case about what counts as a "crime of violence" under a federal statute. Specifically, if a person attempts to commit robbery but doesn't succeed, is the attempt itself a violent crime? Our preview from @jamesromoser:
Botched robbery leads to latest test of what constitutes “crime of violence” - SCOTUSblog
If a person attempts to commit a robbery but does not succeed, is the attempt alone a “crime of violence&#...
JUST IN: The court says it will continue its current COVID protocols for oral arguments in January and February. The court will continue to provide a live audio stream of all arguments, and the courtroom will remain closed to the public.
A relatively humdrum Monday-morning order list today. No new cases added to the court's docket. https://www.supremecourt.gov/orders/courtorders/120621zor_7lio.pdf
#SCOTUS releases orders from last week's conference, but no new grants today. Here's the full list: https://www.supremecourt.gov/orders/courtorders/120621zor_7lio.pdf
Today at SCOTUS: At 9:30 a.m. EST, the court will release orders from Friday's private conference. Then, starting at 10 a.m., the court will hear arguments in two cases -- one involving immigration and the other involving the management of employee retirement plans.
A majority of the Supreme Court seems inclined to uphold Mississippi's 15-week abortion law, but the six conservative justices appear divided about whether to entirely overrule Roe v. Wade. @AHoweBlogger's first take from this morning's argument:
Majority of court appears poised to uphold Mississippi’s ban on most abortions after 15 weeks - SCOTUSblog
It has been nearly 30 years since the Supreme Court’s decision in Planned Parenthood v. Casey, which reaffirme...