In the 2012 health care case, the Supreme Court did not do its job; it upheld a law Congress did not enact; and how and why the Court may be reticent to stand in the way of 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...