Thursday round-up – SCOTUSblog

Thursday round-up – SCOTUSblog


Posted Thu, July 18th, 2019 6:52 am by Edith Roberts

Courtroom-watchers supply their assessments of the late Justice John Paul Stevens’ legacy. At Training Week’s Faculty Legislation Weblog, Mark Walsh reviews that “in dozens of schooling instances in his greater than 34 years on the court docket,” Stevens “was a voice for scholar rights, racial equality, and a excessive wall of separation between church and state.” Ellen Gilmer focuses on Stevens’ ”sturdy environmental legacy that impacts federal local weather motion and company litigation to today” at E&E Information. At In Protection of Liberty, Timothy Sandefur remarks that Stevens’ “earlier years on the Courtroom, his rulings have been marked by a wholesome skepticism towards the hazard of overarching authorities.” Chris Geidner writes in an op-ed for The New York Occasions that in his dissenting opinions in Bowers v. Hardwick and Texas v. Johnson, Stevens acknowledged “the significance of searching for to grasp others’ experiences and of understanding that our personal experiences inevitably form the best way we see the world.” Extra evaluation and commentary comes from James Hohmann for The Washington Submit; Jane Schacter and Pamela Karlan at Stanford Legislation Faculty’s Authorized Mixture weblog, right here and right here; Deborah Pearlstein at TPM Café; and Richard Hasen at Slate, who maintains that Stevens’ controlling opinion for the court docket in Crawford v. Marion County Election Board upholding an Indiana voter-ID legislation now “appears like an excellent tactical transfer that saved the nation from a a lot worse choice that might have given a inexperienced mild to restrictive voting legal guidelines throughout the nation.”
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At The Economist’s Democracy in America weblog, Steven Mazie writes that “[w]ithin days, America’s highest court docket will weigh in on considered one of President Donald Trump’s most divisive insurance policies: his plan to construct a wall on the southern border.”
In an op-ed for The New York Occasions, Linda Greenhouse asserts that “because the census saga fades from view, it must be remembered, in all its weird facets, not as outlier however as exemplar,” warning that simply because “we narrowly prevented one fiasco is not any insurance coverage in opposition to the following one.”
At The New Republic, Matt Ford explains that though “Chief Justice John Roberts closed the door” this time period on federal courts as a treatment for partisan gerrymandering, his opinion in Rucho v. Frequent Trigger “by accident hinted at one other method to problem warped legislative maps on constitutional grounds”: the assure clause of the Structure.
In line with Harlan Grant Cohen at Simply Safety, this time period’s choice in Gundy v. United States, wherein the court docket affirmed a lower-court judgment holding that Congress correctly delegated authority within the Intercourse Offender Registration and Notification Act to the U.S. legal professional normal to use the legislation’s registration necessities, means that “[t]he extra conservative justices, aligned with the dissent, favor disciplining the executive state however not the nationwide safety president.”
At Justia’s Verdict weblog, Sherry Colb and George El-Khoury “suggest some various approaches which may yield the identical consequence as” Mitchell v. Wisconsin, wherein “[a] majority of justices voted to uphold the admission in proof of blood-alcohol take a look at outcomes that police obtained after ordering a blood draw with out first getting a warrant,” “however with a sounder basis.”
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