TRUMP SUSSING OUT SCOTUS | Could Congress Put Cameras In The Courtroom? | SCOTUS, Meet WOTUS
January 17, 2017
OH PLEASE DON'T GO, I'LL MISS YOU SO
|The Affordable Care Act, affirmed by the Supreme Court and now the law of the land, might be on its way out. But the nonpartisan Congressional Budget Office released a study today that says repealing major provisions of the ACA would “cost 18 million people their insurance in the first year and could increase the number of uninsured Americans by 32 million in 10 years, while causing insurance premiums to double over that time.” The CBO report follows a weekend of protests against repeal.
THEY DON'T WANT YOU TO NOMINATE A JUSTICE
|CNN’s Tom LoBianco reports DONALD TRUMP’S team is “gently sussing out what it would take to win enough support in the Senate to fill the vacant seat on the Supreme Court.” Given the current political climate and the threat of the ACA’s repeal, talks on SCOTUS have “taken on a surprising sense of urgency.” Hold on to your hats, boys, we’re in for a wild few weeks.
THEN THERE WERE THREE
|With only three days left before Inauguration Day, details of the event continue to roll in. The latest being that DONALD TRUMP will be sworn in as president using two Bibles — his own and the Bible that ABRAHAM LINCOLN used at his first inauguration. Per usual, the oath of office will be administered by CHIEF JUSTICE JOHN ROBERTS.
AN EEPHUS PITCH
|Today at SCOTUS, justices will hear the case to decide whether to make it easier or harder for the government to deport thousands of noncitizens who have criminal records. On the eve of inauguration, this case comes as the perfect pitch for setting the rules for deporting criminal immigrants under a new administration that has signaled it is eager to pursue harsher deportation policies. David Savage with the Los Angeles Times reports.
ON DECK
|Tomorrow, the justices will consider whether a law barring disparaging trademarks violates the free speech rights of Oregon-based Asian-American band known as The Slants. The cases’ implications have drawn an extra amount of attention given its potential impacts on the Washington Redskins football team and its similar fight for trademark protection.
ONCE, TWICE, THREE TIMES A LADY
|Also on Wednesday, the Supreme Court justices will hear an appeal from former Attorney General JOHN ASHCROFT, former FBI Director ROBERT MUELLER and other former U.S. officials seeking to shut down a lawsuit filed by human rights lawyers over the harsh treatment and prolonged detention of Muslims. This will be the third time SCOTUS has intervened in lawsuits against Ashcroft and others from Muslims arrested in the United States following the 2001 attacks. The justices have twice sided with Ashcroft. Mark Sherman with The Associated Press reports.
CAMERAS IN THE COURTROOM
|Scott Bomboy with Constitution Daily considers whether Congress has the power to compel justices to comply with new legislation that might require cameras in the United States Supreme Court. His answer? Maybe.
SCOTUS, MEET WOTUS
|On Friday, the Supreme Court agreed to hear 16 more cases this term. As Jonathan Adler for The Washington Post writes, “That’s quite a few cases to accept at once, but the court has lots of room on the docket.” Of those sweet sixteen is a case concerning where challenges to the controversial “waters of the United States” (WOTUS) rule should be filed. Adler: “Specifically, the case concerns whether, under the Clean Water Act, jurisdiction to hear a challenge to the lawfulness of the WOTUS rule lies in the courts of appeal or federal district courts.” The case is known as National Association of Manufacturers v. Department of Defense.
NEW LOW
|A new study finds a strong link between contraception access and falling abortion rates, revealing the rate of abortion in the United States reached a lower level in 2014 than in any other year since the procedure first became legal with Roe v. Wade.
TODAY IN HISTORY
|On this day in 1984, SCOTUS ruled 5-4 that the use of home video cassette recorders to tape TV programs for private viewing did not violate federal copyright laws. That’s why my parents could record Charlie Brown specials for me as a wee lass. Thanks, SCOTUS!
OTHER NEWS
There are many Asian American attorneys, yet few are judges, study finds
The Associated PressA new study by Goodwin Liu, a member of the California Supreme Court, and law students at Yale University, finds that Asian Americans are well-represented among the nation’s attorneys but still missing from some of the highest posts in the legal profession.
Justices Will Hear Challenges to Mandatory Employee Arbitration
The New York Times“The Supreme Court on Friday agreed to decide whether companies can use employment contracts to prohibit workers from banding together to take legal action over workplace issues.”
Banks Rejected by Supreme Court, Lose Bid to Derail Libor Suits
Bloomberg“The U.S. Supreme Court turned away an appeal by Bank of America Corp., Citigroup Inc. and JPMorgan Chase & Co., refusing to stop antitrust lawsuits that accuse some of the world’s largest banks of conspiring to rig Libor.”
Supreme Court Delays New Jersey Sports Betting Decision
The Associated Press“The U.S. Supreme Court says it wants to hear more arguments before deciding whether to consider New Jersey’s challenge to a federal sports betting ban. The court had been expected to announce a decision [today].”
Supreme Court to Weigh How Soon Firms Can Sell Copycat Biotech Drugs
The Wall Street Journal“The Supreme Court on Friday agreed to consider a dispute between Novartis AG and Amgen Inc. that could determine how soon cheaper, copycat versions of biotechnology drugs can be sold to consumers.”