Originalism’s effect on the Court’s jurisprudence, the relation of ideas about what the law should be to what the law is, and what this says about the Court.
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 justices return to the bench for oral arguments in a pair of public-corruption cases, both stemming from scandals in New York politics that arose during Andrew Cuomo's time as governor. In both cases, the defendants are claiming prosecutorial overreach.
Cecilia (Cissy) Suyat Marshall, the widow of Thurgood Marshall, died this morning at 94. Here is the court's announcement.
BREAKING: The Supreme Court REJECTS Trump's bid to prevent the House Ways & Means Committee from obtaining his tax returns. No noted dissents.
The brief order may end years of litigation over the committee's efforts to review the tax records of Trump and his businesses.
JUST IN: Whisky, dog toys... and trademark law.
SCOTUS has agreed to hear a dispute between Jack Daniel's and a company that makes squeaking "Bad Spaniels" dog toys. The case will have implications for the tension between parody & intellectual property. https://www.supremecourt.gov/orders/courtorders/112122zr_e1p3.pdf
In a quiet Monday morning order list, SCOTUS adds no new cases to its docket. The court will not hear Brooks v. Abbott, a challenge to an alleged racial gerrymander of a state senate district in Texas. Here's the full order list: https://www.supremecourt.gov/orders/courtorders/112122zor_7lhn.pdf
JUST IN: The Biden administration, as expected, asks the Supreme Court to revive Biden's student-loan relief plan. The U.S. Court of Appeals for the 8th Circuit blocked the government from implementing the plan; Biden wants SCOTUS to lift that ruling. https://www.scotusblog.com/wp-content/uploads/2022/11/22A444-2.pdf