{"id":1215,"date":"2022-09-30T19:08:10","date_gmt":"2022-09-30T19:08:10","guid":{"rendered":"https:\/\/artsci.case.edu\/fridaylunch\/?p=1215"},"modified":"2024-06-10T19:08:54","modified_gmt":"2024-06-10T19:08:54","slug":"supreme-court-review-and-preview-3","status":"publish","type":"post","link":"https:\/\/artsci.case.edu\/fridaylunch\/2022\/09\/30\/supreme-court-review-and-preview-3\/","title":{"rendered":"Supreme Court Review and Preview"},"content":{"rendered":"\n\n\n
\n\n\n\n
\"college
\nCenter for Policy Studies
\nPublic Affairs Discussion Group<\/span><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n
<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n
\n\n\n\n
Supreme Court Review and Preview<\/strong><\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n\n

\nJonathan 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<\/strong><\/span><\/td>\n<\/tr>\n

\nJonathan Entin, J.D. – David L. Brennan Professor Emeritus of Law and Adjunct Professor of Political Science at Case Western Reserve University School of Law<\/strong><\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n
Friday September 30, 2022
\n12:30-1:30 p.m.
\nMeeting Both In-Person and by Zoom
\nDampeer Room, Second Floor of Kelvin Smith Library<\/strong><\/span>*<\/strong><\/span>
\nCase Western Reserve University<\/strong><\/span><\/p>\n

Dear Colleagues:<\/p>\n

I guess it finally happened.<\/p>\n

For fifty years, transforming the Supreme Court to reduce or reverse \u201cactivist\u201d or \u201cliberal\u201d decisions has been a major goal of Republican politicians and conservative activists<\/strong>\u00a0\u2013 in spite of the fact that for all that time the majority of Justices have been Republican appointees and only four Democratic appointments have occurred since 1969.<\/p>\n

For many years the \u201cFriday Lunch\u201d has had an early-Fall-term discussion of the Court<\/strong>, summarizing what happened in the previous term and projecting what might happen in the term that would begin the<\/span>\u00a0First Monday in October<\/span><\/a>.\u00a0Each year one question has been whether the conservative revolution so passionately pursued and feared would finally occur. Each year it did not.<\/strong>\u00a0Even President Trump\u2019s appointment of Brett Kavanaugh to replace the less reliably conservative (but still conservative) Anthony Kennedy did not seem to eliminate the balance in which one relatively or situationally moderate conservative, usually Chief Justice Roberts, could still side with the four Democratic appointees, making decisions unpredictable.<\/p>\n

But President Trump and Senator McConnell\u2019s success in replacing Justice Ruth Bader Ginsburg with Justice Amy Coney Barrett just before the 2020 election seemed to create a conservative supermajority that could finally achieve conservative activists\u2019 goals. The October, 2020 term nevertheless was not dramatic. But the October 2021 term was. As the<\/span>\u00a0Washington Post<\/em><\/span><\/a>\u00a0summarized,<\/span><\/p>\n

\u201cThe Supreme Court\u2019s decision to overturn\u00a0Roe v. Wade<\/em>\u00a0and eliminate the nationwide right to abortion dominated one of the court\u2019s most consequential terms. The<\/span>\u00a0emboldened 6-3 conservative majority, with three nominees of President Donald Trump<\/span><\/a>, wasted little time expanding the rights of gun owners to carry guns in public, strengthening the role of religion in public life and sharply curtailing the Biden administration\u2019s power to combat climate change.\u201d<\/span><\/p>\n

A further stake was the fundamental distribution of power and responsibility within the federal government \u2013 the legal underpinnings of the \u201c<\/span>administrative state<\/span><\/a>.\u201d In particular, the Court furthered a movement away from deferring to agency interpretations of law and asserting that \u201c<\/span>major questions\u201d must be settled by Congress<\/span><\/a>, even if Congress has rather clearly chosen to write ambiguous laws.<\/p>\n

How significant, then, was the Court\u2019s shift to the right \u2013 and what is likely to happen next? A<\/span>\u00a0Heritage Foundation commentary<\/span><\/a>\u00a0has noted that, \u201cit will be tough \u2013 if not impossible \u2013 for the Supreme Court to top the 2021-22 term when it comes to both drama and results that pleased the conservative legal community (not to mention conservatives in general).<\/strong>\u201d But we know that the\u00a0new term that begins next Monday<\/strong>\u00a0will include what look to be significant cases on redistricting, college admissions, environmental regulation, entitlement to benefits under Medicaid and related programs (I signed an amicus brief on that one), federalism and, perhaps most fundamentally, the ability of state courts to apply state constitutions to state election laws.<\/p>\n

So is there really a conservative revolution in jurisprudence, and how far is it likely to go? What are the limits as revealed by individual Justice\u2019s positions last term? It is a great pleasure to welcome back Professors Adler and Entin for their annual \u201cReview and Preview.\u201d\u00a0Please join them for their wise and somewhat different perspectives on the law and the Court, what has happened and what might happen next.<\/strong>
\n<\/span><\/p>\n

In-Person and Virtual Attendance<\/h3>\n

The discussion begins at 12:30 p.m., but the Dampeer Room should be open no later than Noon. We try to have beverages and refreshments set up soon after that. Participants should be able to sign on to Zoom also by Noon. But please remember not much will be happening online until the talk begins at 12:30.<\/p>\n

Zoom participants will probably have trouble hearing comments made by members of the audience in the room. As moderator I will repeat and summarize such comments or questions. Zoom participants are also encouraged to submit questions through Zoom\u2019s chat function. The chat will be monitored.<\/p>\n

Each week we will send out this newsletter with information about the topic. It will also include a link to register (for free) for the discussion.<\/strong>\u00a0When you register, you will automatically receive from the Zoom system the link to join the meeting. If you do not get the newsletter, you should also be able to get the information each Monday by checking<\/span>\u00a0http:\/\/fridaylunch.case.edu\/<\/span><\/a>. Then if you choose you can use the contact form on that website to request the registration link.<\/span><\/p>\n

This week’s Zoom link for registration is:<\/span><\/p>\n

https:\/\/cwru.zoom.us\/meeting\/register\/tJctdeitrz8iHtRPO-wJ_sHBiInc3KuO4HOy<\/span><\/a><\/p>\n

After registering, you will receive a confirmation email containing information about joining the meeting.<\/p>\n

Please e-mail<\/span>\u00a0padg@case.edu<\/span><\/a>\u00a0if you have questions about how the Zoom version of the Friday Lunch will work or any other suggestions. Or call at 216 368-2426 and we’ll try to get back to you. We are very pleased to be partnering this semester with the<\/span>\u00a0Siegal Lifelong Learning Program<\/span><\/a><\/strong>\u00a0to share information about the discussions.<\/p>\n

Best wishes for safety and security for you and yours,<\/p>\n

Joe White
\nLuxenberg Family Professor of Public Policy and Director, Center for Policy Studies<\/span><\/p>\n

\n

About Our Guests<\/span><\/h3>\n

Jonathan H. Adler<\/strong>\u00a0is 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.<\/p>\n

Professor Adler is the author or editor of seven books, including\u00a0Business and the Roberts Court<\/em>\u00a0(Oxford University Press, 2016) and\u00a0Rebuilding the Ark: New Perspectives on Endangered Species Act Reform<\/em>\u00a0(AEI Press, 2011), and over a dozen book chapters. His articles have appeared in publications ranging from the\u00a0Harvard Environmental Law Review<\/em>\u00a0and\u00a0Yale Journal on Regulation<\/em>\u00a0to\u00a0The Wall Street Journal<\/em>\u00a0and\u00a0USA Today<\/em>. 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.<\/p>\n

Professor Adler is a contributing editor to\u00a0National Review Online<\/em>\u00a0and a regular contributor to the popular legal blog, \u201cThe Volokh Conspiracy.\u201d 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.”<\/span><\/p>\n

Jonathan Entin<\/strong>\u00a0has 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\u00a0Journal of Legal Education<\/em>, 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,”\u00a0Utah Law Review<\/em>\u00a0(2011) and “Responding to Political Corruption: Some Institutional Considerations,”\u00a0Loyola University Chicago Law Journal<\/em>\u00a0(2011).<\/span><\/p>\n

* 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.<\/span><\/p>\n

Schedule of Friday Lunch Upcoming Topics and Speakers:<\/strong><\/p>\n

October 7: Germany and Ukraine.<\/strong>\u00a0With\u00a0Andreas Sobisch, Ph.D.<\/strong>, Associate Professor and Chair, Department of Political Science, John Carroll University.<\/p>\n

October 14: More Money for the IRS.<\/strong>\u00a0With\u00a0Timothy Fogarty, Ph.D.<\/strong>, Andrew D. Braden Professor, Department of Accountancy.<\/p>\n

October 21: To Be Determined<\/strong><\/p>\n

October 28: Is This the EU\u2019s Moment?<\/strong>\u00a0With\u00a0Elliot Posner, Ph.D.<\/strong>, Professor and Chair, Department of Political Science.<\/p>\n

November 4: Midterm Election Forecast (or Guesses)<\/strong>\u00a0Speakers to Be Determined<\/p>\n

November 11: Law Enforcement and the Opioid Epidemic.<\/strong>\u00a0With\u00a0Daniel J. Flannery, Ph.D.<\/strong>, Dr. Semi J. and Ruth Begun Professor and Director, Begun Center for Violence Prevention Research and Education, MSASS.<\/p>\n

November 18: The First Energy Scandal and the Challenge of Utility Regulation.<\/strong>\u00a0With\u00a0Miranda Leppla, J.D.<\/strong>, Director, Environmental Law Clinic, CWRU School of Law.<\/p>\n

November 25: Thanksgiving Break<\/strong><\/p>\n

December 2: To Be Determined<\/strong><\/p>\n

December 9: To Be Determined<\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n
<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n
\n

Visit the\u00a0Public Affairs Discussion Group Web Site.<\/span><\/a><\/p>\n

Center for Policy Studies | Mather House 111 | 11201 Euclid Avenue |
\nCleveland, Ohio 44106-7109 |\u00a0Phone: 216.368.6730 |\u00a0padg@case.edu<\/u><\/span><\/a>\u00a0|
\nPart of the:\u00a0College of Arts and Sciences<\/u><\/span><\/a><\/p>\n

\u00a9 2022 Case Western Reserve University |
\nCleveland, Ohio 44106 | 216.368.2000 |\u00a0legal notice<\/u><\/span><\/a><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

Center for Policy Studies
\nPublic Affairs Discussion Group<\/strong><\/p>\n

Supreme Court Review and Preview<\/strong><\/p>\n

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<\/strong><\/p>\n

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<\/strong><\/p>\n

Friday September 30, 2022
\n12:30-1:30 p.m.
\nMeeting Both In-Person and by Zoom
\nDampeer Room,<\/strong><\/p>\n

Continue reading… Supreme Court Review and Preview<\/span><\/a><\/p>\n","protected":false},"author":19,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"spay_email":""},"categories":[1],"tags":[],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/posts\/1215"}],"collection":[{"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/users\/19"}],"replies":[{"embeddable":true,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/comments?post=1215"}],"version-history":[{"count":1,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/posts\/1215\/revisions"}],"predecessor-version":[{"id":1216,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/posts\/1215\/revisions\/1216"}],"wp:attachment":[{"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/media?parent=1215"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/categories?post=1215"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/tags?post=1215"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}