| Supreme Court Forecast and Review |
Jonathan Adler, J.D. – Johan Verheij Memorial Professor of Law and and Director, Coleman P. Burke Center for Environmental Law at Case Western Reserve University School of Law |
Jonathan Entin, J.D. – David L. Brennan Professor Emeritus of Law and Adjunct Professor of Political Science at Case Western Reserve University School of Law |
Friday August 30, 2019
12:30-1:30 p.m.
Dampeer Room
Kelvin Smith Library*
Case Western Reserve University
Dear Colleagues:
Universities are not the only organizations which begin their years as the leaves are turning. That is also when the Supreme Court begins its new term. So the “Friday Lunch” begins each Fall semester with a review of the Court’s past term and preview of the next.
The 2018-19 term included the Court’s seemingly final decision to ignore partisan redistricting, in Rucho v. Common Cause, and rejection of a census citizenship question in Department of Commerce v. New York. There were a series of federalism and death penalty cases, and in Gundy v. United States the Court did little but four justices seemed to support a revolution in Administrative Law. Perhaps most interesting, one analysis showed that Justices Gorsuch and Kavanaugh disagreed unusually often for two appointees of the same president.
The new term may have more explosive social issues, including at least two on LGBT status; one on the Trump administration’s rollback of DACA, and perhaps a big challenge to the Affordable Care Act. Join us as CWRU’s experts discuss what happened and what might happen.
I look forward to seeing old friends and maybe some new faces this coming Friday. Please note that a partial schedule for the rest of the semester is below. Please let me know of any suggestions about topics that you may have, by e-mailing me at joseph.white@case.edu.
All best regards,
Joe White
Luxenberg Family Professor of Public Policy and Director, Center for Policy Studies
About Our Guest
Jonathan H. Adler is the inaugural Johan Verheij Memorial Professor of Law and and Director, Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law, where he teaches courses in environmental, administrative, and constitutional law.
Professor Adler is the author or editor of seven books, including Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011), and over a dozen book chapters. His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to The Wall Street Journal and USA Today. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2016 study identified Professor Adler as the most cited legal academic in administrative and environmental law under age 50.
Professor Adler is a contributing editor to National Review Online and a regular contributor to the popular legal blog, “The Volokh Conspiracy.” A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS “Newshour with Jim Lehrer” and NPR’s “Talk of the Nation” to the Fox News Channel and “Entertainment Tonight.”
Jonathan Entin has taught Constitutional Law; Administrative Law; Courts, Public Policy and Social Change; and a Supreme Court Seminar. Before joining the faculty in 1984, he clerked for Justice Ruth Bader Ginsburg (when she was on the U.S. Court of Appeals) and practiced in Washington with Steptoe & Johnson. The recipient of several teaching awards and a former co-editor of the Journal of Legal Education, he is at work on a book about equal protection. Among his recent publications are “Getting What You Pay For: Judicial Compensation and Judicial Independence,” Utah Law Review (2011) and “Responding to Political Corruption: Some Institutional Considerations,” Loyola University Chicago Law Journal (2011).
Where We Meet
The Friday Public Affairs Lunch convenes each Friday when classes are in session, from 12:30 p.m. to 1:30 p.m. Our programs are open to all and no registration is required. We usually meet in the Dampeer Room of Kelvin Smith Library.
* Kelvin Smith Library requires all entrants to show identification when entering the building, unless they have a university i.d. that they can magnetically scan. We are sorry if that seems like a hassle, but it has been Library policy for a while in response to security concerns. Please do not complain to the library staff at the entrance, who are just doing their jobs.
Parking Possibilities
The most convenient parking is the lot underneath Severance Hall. We regret that it is not free. From that lot there is an elevator up to street level (labeled as for the Thwing Center); it is less than 50 yards from that exit to the library entrance. You can get from the Severance garage to the library without going outside. Near the entry gates – just to the right if you were driving out – there is a door into a corridor. Walk down the corridor and there will be another door. Beyond that door you’ll find the entrance to an elevator which goes up to an entrance right inside the doors to Kelvin Smith Library.
Schedule of Friday Lunch Upcoming Topics and Speakers:
September 6: Constitutional Errors: What the “Founding Fathers” Got Wrong. With Joseph White, Luxenberg Family Professor of Public Policy and Director, Center for Policy Studies. ***Alternate Room: Room LL06, Lower Level, Kelvin Smith Library***
September 13: Health Care 2020: Politics and Markets. With J.B. Silvers, John R. Mannix Medical Mutual of Ohio Professor of Health Care Finance.
September 20: Blockchain: From Cryptocurrency to Data Federation. With Vincenzo Liberatore, Associate Professor of Electrical Engineering and Computer Science.
September 27: Social Media and Politics. With Lauren Copeland, Assistant Professor, Department of Politics and Citizenship, and Associate Director, Community Research Institute, Baldwin-Wallace University.
October 4: Hidden Costs of Waiting for Treatment: The Case of Orthopedic Surgery in Norway. With Mark Votruba, Associate Professor and Chair, Department of Economics and Research Associate, Statistics Norway. ***Alternate Room: Room LL06, Lower Level, Kelvin Smith Library***
October 11: Small Steps and Giant Leaps: How Apollo 11 Shaped Understandings of Earth and Beyond. With Steven A. Hauck II, Professor and Chair, Department of Earth, Environmental and Planetary Sciences. ***Alternate Room: Room LL06, Lower Level, Kelvin Smith Library***
October 18: Roe v. Wade in 2019. With B. Jessie Hill, Judge Ben C. Green Professor of Law.
October 25: Brexit Trick or Treat. With Luke Reader, Full-Time Lecturer in English.
November 1: Local News: Yesterday, Today and Tomorrow. With Joseph Frolik, Executive Editor, Ideastream.
November 8: TBA. With Peter Shulman, Associate Professor of History.
November 15: Will We Ever Have Paris? The U.S. and the International Politics of Climate Change. With Matthew Hodgetts, Visiting Assistant Professor of Political Science.
November 22: The (New?) Israeli Government. With Peter J. Haas, Abba Hillel Silver Professor Emeritus of Jewish Studies.
November 29: Thanksgiving break
December 6: Papers Please: Challenging Citizenship in the United States. With Cassandra Burke Robertson, John Deaver Drinko – Baker Hostetler Professor of Law and Director, Center for Professional Ethics. |
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August 25, 2019
If you would like to reply, submit items for inclusion, or not receive this weekly e-mail please send a notice to: padg@case.edu
Upcoming Events
Battle for the Ballot Box
Join a student panel for the 2019 CWRU Constitution Day program featuring Alora Thomas-Lundborg, J.D., Senior Staff Attorney, American Civil Liberties Union Voting Rights Project and Hans A. von Spakovsky, J.D., Senior Legal Fellow, Meese Center for Legal and Judicial Studies, The Heritage Foundation, Monday September 16, 2019, 4:00 p.m., CWRU School of Law, Moot Courtroom (A59), 11075 East Blvd., Cleveland, Ohio 44106. Free and open to the public. Sponsored by the Office of the President, Office of Government and Community Relations, Department of Political Science, Center for Policy Studies, and School of Law.
The USA was founded in pursuit of a more perfect union. In the Elections Clause (Art I, Section 4) and several amendments (XIV, XV, XVII, XIX, XXIII, XXIV, and XXVI), the Constitution enshrines, explicitly or implicitly, the right to vote — a political and legal journey that continues to be challenging and complex.
Though the American republic is certainly more democratic than it once was, issues such as voter ID laws, voter registration purges, and partisan gerrymandering have raised concerns about electoral fraud and discrimination against minorities. Recent Supreme Court decisions — Shelby County v. Holder (2013) and Rucho v. Common Cause (2019) — have failed to address key questions. How do states balance the integrity of elections and the individual right to vote? What role does the federal government have in preserving democracy throughout the USA?
The CWRU Student Constitution Discussion Roundtable is pleased to welcome Alora Thomas-Lundborg, J.D., and Hans von Spakowsky, J.D., to discuss critical questions on the right to vote.
The U.S. Health Policy Community: A View from Europe
A discussion with Ulrike Lepont, Ph.D., Postdoctoral Researcher, University of Montpellier, Wednesday September 18, 2019, 12:30 – 2:00 p.m., Mather House, Room 100, 11201 Euclid Avenue, Cleveland, OH. Free and open to the public. Refreshments Will Be Provided. Cosponsored by the CWRU Center for Policy Studies and the Master of Public Health Program.
American health policy involves not only political institutions and their elected and appointed officials but a whole ecology of experts who produce research and proposals, promote ideas at conferences and in the press, and advise policy-makers. Ulrike LePont’s strikingly original dissertation used both documents and extensive interviews to outline how this health policy community influenced choices from 1970 – 2010. Join us as she describes the community that American analysts may take for granted because they are part of it.
Ulrike Lepont did her doctoral research in France with the groups of scholars at Université Montpellier 1 and Université Versailles-Saint-Quentin-Yvelines. Her thesis – “Shaping Policies at the State’s Margins: The role of experts in American health care reforms (1970-2010)” was approved at Montpellier in December, 2014 and in 2015 received the public policy dissertation prize from the association française de science politique. She has published articles based on this work in Revue française de science politique, Revue française de sociologie, Politix, and Gouvernement et action politique. She is now presenting her work at U.S. conferences and has papers under submission to U.S. journals.
Dr. Lepont’s further research has investigated other examples of the politics of ideas, such as the idea that health care costs can be reduced by improving quality (rather than more quality having to be paid for) and a comparison of how economists’ views changed, or did not, in France and the United States after the 2008 financial crash. She has served as a lecturer at Université de Versailles Saint Quentin, a postdoctoral researcher with French National Center for Scientific Research (CNRS), and as a member of the research teams for the PRINTEMPS, a joint CNRS/UVSQ project that focuses on professional worlds (such as commitments, knowledge and expertise) and how their members are socialized and build their careers. Dr. Lepont also is currently part of the ANR Desorbercy project, which focuses on how the structures of politics, economics, and finance respond and change in contexts of disorder and expert uncertainty about what to do.
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