OT16 THE CALM BEFORE THE STORM | Kennedy Still In Controlla, Controlla | Same As SCOTUS, Cameras In White House Are About Control
June 28, 2017
OT16 WAS THE CALM BEFORE THE STORM|
In The Washington Post, Jonathan Adler responds to NYT’s Adam Liptak who reported yesterday that this term at the Supreme Court “was marked by a level of agreement unseen at the court in more than 70 years.” But as Adler points out, we’re unlikely to get more of the same next term. In fact, we can expect a pretty tumultuous OT17. Adler: “With the full complement of nine justices, the court is unlikely to deadlock (barring the occasional recusal) and the justices may be less inclined to try and find common ground. To top it all off, there will be continuing speculation as to whether JUSTICE ANTHONY M. KENNEDY (or any other justice) is ready to retire. All this is a long way of saying that court watchers better rest up this summer. Come October, it will be time to strap in, as the next Supreme Court term is likely to be a doozy.”
YOUR UNDIVIDED ATTENTION|
Turns out that Supreme Court rulings really can affect how ordinary Americans understand and perceive the issues under consideration in those rulings. Why? Because of the news media. In The Washington Post, Katerina Linos and Kimberly Twist note, “Unlike presidents or members of Congress, justices do not speak directly to the public. Their decisions pass through media outlets, which must decide how to explain them. Therefore, the messages used by media, and television news in particular, have tremendous ability to shape how Americans respond to the Supreme Court. And media outlets tend to be far more deferential in reporting on court decisions than when reporting on Congress or the presidency. They often treat a court decision as the final word, rather than the beginning of a debate.”
“The U.S. Supreme Court is ready to get back to normal. And that means JUSTICE ANTHONY KENNEDY is still in charge.” That’s Greg Stohr with Bloomberg explaining that now the dust has settled, Justice Kennedy remains the man in control of the court as future divisiveness looms large.
Lawrence Hurley with Reuters notes that although the justices were able to find common ground very often and very effectively this year, “that sense of unity promises to be soon put to the test.” With the addition of JUSTICE NEIL GORSUCH to the bench and several major cases already slated for next term, we can expect to have a very different conversation about SCOTUS come this time next year.
FROM SCOTUS TO SCHOOLS|
You think it’s frustrating that the Supreme Court bans broadcast media? How about the White House? Executive Director of Fix the Court, GABE ROTH, opines in The Hill today about the Trump administration’s decision to turn off the cameras for some of its daily press briefings. According to Roth, “Just like at the Supreme Court, it’s about control.”
“The Supreme Court doesn’t leak because it learned long ago how to maintain the mystical walls separating its internal deliberations from the rest of the world: It stayed small.”Vox
“For someone who once promised Americans he’d win so much they’d be tired of winning, President Donald Trump hasn’t really had a lot of victories in the first several months of his administration. But on Monday, he got one of the biggest wins he’s had so far.”The Washington Post
“The glorification of lawyers and the courts that took place in the immediate aftermath of the ban was misguided. This mistaken response was prominent among protesters, academics, journalists and perhaps most predictably, lawyers.”The National Law Journal
“Monday’s U.S. Supreme Court decision in a closely watched securities case was the first class action in which newly appointed Justice Neil Gorsuch participated — and he didn’t disappoint.”The Denver Post
“Backers of Douglas County’s stalled school voucher program say it may have new life after a decision by the U.S. Supreme Court on Tuesday. The justices said the Colorado Supreme Court must reconsider its 2015 ruling that the Douglas County voucher program was unconstitutional.”