DIFFERENT, NOT LESS | Next POTUS Means Brand New SCOTUS
September 30, 2016
DIFFERENT, NOT LESS
|“The U.S. Supreme Court opens its new term on Monday in uncharted territory, with a vacancy on the bench on a presidential Election Day now certain for the first time since Abraham Lincoln won re-election in 1864 at the height of the Civil War.” Lawrence Hurley with Reuters reports on the justices’ return, with one seat still waiting to be warmed.
IT DOESN'T END THERE
|When considering the impact of the November election on the Supreme Court, it’s not enough to only talk about JUDGE MERRICK GARLAND. As NPR’s Nina Totenberg points out, “The story doesn’t end there, though, because there could well be more vacancies.” JUSTICE RUTH BADER GINSBURG is 83, JUSTICE ANTHONY KENNEDY is 80, and JUSTICE STEPHEN BREYER is 78. Roll call has the count at two liberals and one swing vote, any one of whom could leave during a CLINTON or TRUMP presidency.
TWO MEN WHO TRAVELED THE WEST
|“After a five-year legal voyage, Lewis and Clarke have arrived at the U.S. Supreme Court.” In The Atlantic, Matt Ford reports on one of eight cases taken up by our beloved Supreme Court justices this week. “Lewis v. Clarke, which will likely become famous for its name alone, may also have major implications for Native American tribes.”
IN CASE YOU'RE STILL WONDERING
|The presidential election is sort of a big deal this go around. For USA Today, Richard Wolf echoes that sentiment, reporting on the implications this election with have for the Supreme Court as it stands on the brink of transformation.
FIRST & FINEST
|Lyle Denniston for Constitution Daily breaks down the eight cases taken up by SCOTUS this week, paying special attention to the two dealing with First Amendment issues.
ED BOARD OVERTURE
|The Editorial Board at The New York Times addresses what it calls “the flimsy legal attack on clean air.” And though the Clean Power Plan is “wholly consistent with the federal-state partnerships that for years have governed the nation’s environmental statues,” The Board notes the CPP would complement what modern technology and the marketplace are already doing to America’s energy system — moving it away from fossil fuels toward cleaner energy alternatives.
AYYY MUST BE THE MONEYYY
|Hampton Pearson for CNBC is here to tell investors what they need to know about the upcoming SCOTUS term starting Monday. Up first, an insider trading case on October 5: Salman v. United States. That Salman better be ready to rumble with the big dogs.
WARNING
|“This article on trademarks may include language deemed ‘scandalous, immoral or disparaging…'” In The Washington Post, Fred Barbash responds to the new SCOTUS case that will address scandy trademarks and what they mean to the First Amendment. Truly though, Barbash was right — this article does little in the way of withholding.
OTHER NEWS
At heart of transgender rights case at SCOTUS, a controversial legal doctrine
Reuters“It seems likely that sooner than later, the Supreme Court will have to decide whether public schools must allow transgender students to choose bathrooms that correspond to their gender identity.”
California Governor Approves Gender-Neutral Restrooms
The Associated PressWhile we’re on the subject — California Governor Jerry Brown approved gender-neutral bathrooms last night, signing a bill requiring that all single-stall toilets in CA be gender neutral.
US high court to hear Bay Area case over deportation law
SF Gate“The U.S. Supreme Court agreed Thursday to hear a Bay Area case over whether a federal law requiring deportation for noncitizens convicted of felonies involving a ‘substantial risk’ of violence is unconstitutionally vague.”