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23 Nov 2020, 5:26 am
Here’s a round-up of other Supreme Court-related news and commentary from around the web: Amicus Curiae at the Supreme Court: Last Term and the Decade in Review (Anthony Franze & Reeves Anderson, special to the National Law Journal) Supreme Court continues capital punishment trend with Barrett on the bench (Robert Barnes, The Washington Post) The Supreme Court’s “Breathtakingly Radical” New Approach to Election Law (Wendy Weiser & Daniel Weiner,… [read post]
21 Nov 2020, 2:55 pm
Topics: "Bad arguments, bad evidence, irony, Trump’s struggle, Amy Coney Barrett’s first death penalty case, hypocrisy, Kyle Rittenhouse, problematizing the UW rock, not casting an autistic actor, Michael J. [read post]
17 Nov 2020, 9:01 pm
Justice Barrett later referred to Justice Thomas’s question as follows: “Justice Thomas asked you one [hypothetical example] about forcing people to wear a mask. [read post]
16 Nov 2020, 7:04 am
Here’s a round-up of other Supreme Court-related news and commentary from around the web: Case on Churches, Cuomo and Coronavirus Arrives at Supreme Court (Adam Liptak, The New York Times) The Supreme Court’s Obamacare Bait and Switch (Simon Lazarus & Robert Litan, The New Republic) Justice Barrett’s Remote Arguments Yield Only Hints of Approach (Kimberly Strawbridge Robinson, Bloomberg Law) The Shadows of the Constitution (NPR, Throughline podcast) Takings and Time… [read post]
13 Nov 2020, 3:30 pm
Justice Barrett articulated the widespread consensus that the Court would soundly reject a claim for a religious exemption to discriminate based on race (“I think we would agree that there’s really not any circumstance we can think of in which racial discrimination would be permitted as a religious exemption. [read post]
10 Nov 2020, 2:54 pm
The court’s newest justice, Amy Coney Barrett, wondered aloud whether the individual challengers had sued the right defendants. [read post]
10 Nov 2020, 7:12 am
Justice Barrett asks whether it is relevant that the mandate was not repealed. [read post]
10 Nov 2020, 6:35 am
Supreme Court once again (Lawrence Hurley, Reuters) Eyes on Barrett, Kavanaugh and Gorsuch as Supreme Court decides Obamacare’s future (Joan Biskupic, CNN) Will Supreme Court Invalidate Obamacare A Decade After It Was Enacted? [read post]
9 Nov 2020, 9:01 pm
Like the Democratic senators and voters who worried that Justice Barrett’s confirmation would spell doom for the ACA, I certainly hope she will join a majority of the Court to reject what we regard as an extraordinarily weak case, but that outcome is hardly foreordained.The Georgia Senate RacesHow will the ACA case play in the upcoming Georgia runoff elections? [read post]
9 Nov 2020, 7:20 pm
Another issue to look out for is the question of statutory jurisdiction flagged in this amicus brief by co-blogger Sam Bray, occasional VC guest poster Michael McConnell, and Kevin Walsh. [read post]
6 Nov 2020, 5:02 am
The new Justice, Amy Coney Barrett, whom most people assume is not a friend to the Smith decision, pointedly asked CSS's counsel: [Y]ou argue in your brief that Smith should be overruled. [read post]
2 Nov 2020, 11:50 am
Michael Roffer’s book, The Law Book: From Hammurabi to the International Criminal Court, 250 Milestones in the History of Law. [read post]
2 Nov 2020, 10:31 am
Don’t look now, but as of Oct. 12, the United States may—and the word “may” requires no small emphasis here—have entered the last hundred days of Donald Trump’s presidency. [read post]
30 Oct 2020, 11:41 am
The Transition Is Already Happening (And It’s Going Fine So Far) By Kate Shaw, Professor of Law and Co-Director of the Floersheimer Center for Constitutional Democracy, Yeshiva University Cardozo School of Law and Michael Eric Herz, Arthur Kaplan Professor of Law, Yeshiva University Cardozo School of Law Kate Shaw and Michael Eric Herz explain some of the laws governing presidential transitions and note that while Donald Trump could seek to sabotage it if he loses, many of… [read post]
30 Oct 2020, 3:00 am
Bid to Short Circuit Defamation Case Brought by Woman Who Accused Trump of Rape Washington Post – Matt Zapotosky, Devlin Barrett, and Shayna Jacobs | Published: 10/27/2020 A federal judge rejected the Justice Department’s bid to make the U.S. government the defendant in a defamation lawsuit brought by a woman who says President Trump raped her several years ago, paving the way for the case to again proceed. [read post]
29 Oct 2020, 9:05 pm
Senate confirmed Justice Amy Coney Barrett to the U.S. [read post]
29 Oct 2020, 9:02 pm
We are used to thinking that the unfairness of the Electoral College arises from its over-weighting of Republican-leaning states, which is caused by each state’s receiving two extra votes (mirroring the undemocratic tilt of the Senate), but it goes beyond that.Just as we learned to our surprise that the Senate can sit on a Supreme Court nomination for as long as the majority leader wishes, we have recently learned that Trump’s legal team has been putting together strategies that go far… [read post]
29 Oct 2020, 11:30 am
” In New Jersey, Judge Michael Shipp concluded that the Trump campaign had “faile[ed] to connect … past instances of voter fraud with the relief that they [sought]. [read post]
29 Oct 2020, 3:00 am
Bid to Short Circuit Defamation Case Brought by Woman Who Accused Trump of Rape” by Matt Zapotosky, Devlin Barrett, and Shayna Jacobs for Washington Post National: “Ballrooms, Candles and Luxury Cottages: During Trump’s term, millions of government and GOP dollars have flowed to his properties” by David Fahrenthold, Josh Dawsey, Jonathan O’Connell, and Anu Narayanswamy (Washington Post) for MSN California: “L.A. [read post]
27 Oct 2020, 9:01 pm
To compensate for those two would require the addition of four new seats—two to cancel out the votes of the current occupants (Justices Gorsuch and Barrett) and two more to substitute for the ones to which Democratic appointees would have been entitled. [read post]
