{"id":1275,"date":"2023-09-01T22:40:31","date_gmt":"2023-09-01T22:40:31","guid":{"rendered":"https:\/\/artsci.case.edu\/fridaylunch\/?p=1275"},"modified":"2024-06-10T22:41:13","modified_gmt":"2024-06-10T22:41:13","slug":"supreme-court-review-and-preview-4","status":"publish","type":"post","link":"https:\/\/artsci.case.edu\/fridaylunch\/2023\/09\/01\/supreme-court-review-and-preview-4\/","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<\/span><\/strong><\/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 1, 2023
\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:<\/span><\/p>\n

Welcome back to our Public Affairs Discussions for a new academic year. I am very glad to begin with our traditional opening discussion of the Supreme Court.<\/strong><\/p>\n

Each year our eminent legal scholars analyze what happened in the previous term and project what might happen in the term that begins the<\/span>\u00a0First Monday in October<\/u><\/span><\/a>. Last year there was so much to project that we actually did three Supreme Court programs. Professors Adler and Entin spoke in January as well as September, and Professor Atiba Ellis spoke separately about the two big election law cases.<\/p>\n

Therefore this year we have lots to review.<\/span>\u00a0Major decisions<\/u><\/span><\/a>\u00a0included limiting the EPA\u2019s (and perhaps by analogy many other agencies\u2019) regulatory authority; further limits on state efforts to control guns; two cases that emphasized \u201cfree exercise\u201d of religion even in contexts that could be viewed as state endorsement of religious activity (which used to be viewed as violating the establishment clause); rejection of executive privilege claimed by former President Trump; limiting the Biden administration\u2019s efforts to enforce vaccine-testing by larger employers; upholding the ability of state Supreme Courts to<\/span>\u00a0review state election laws<\/u><\/span><\/a>\u00a0for compliance with state constitutions; holding that Alabama\u2019s 2021 redistricting<\/span>\u00a0violated the Voting Rights Act<\/u><\/span><\/a>\u00a0by suppressing representation of African-Americans; striking down<\/span>\u00a0affirmative action in university admissions<\/u><\/span><\/a>; preserving the basics of<\/span>\u00a0the \u201centitlement\u201d status of the Medicaid program<\/u><\/span><\/a>; and blocking President Biden\u2019s<\/span>\u00a0student loan forgiveness<\/u><\/span><\/a>\u00a0program.<\/p>\n

That\u2019s quite a lot, and not an entirely right-wing set of decisions. So what do they tell us about the attitudes and alignments on the Court? And\u00a0what comes next?<\/strong><\/p>\n

That depends in part of the set of cases moving forward. There don\u2019t seem to be as many hot-button social issues as in the previous two terms. Yet<\/span>\u00a0a series of major cases regarding the administrative state<\/u><\/span><\/a>\u00a0\u2013 what federal agencies can do \u2013 could have deep effects on our system of government. One might vitiate the Consumer Financial Protection Bureau. Another could reverse one of the foundational cases in administrative law,\u00a0Chevron vs. National Resources Defense Council<\/em>\u00a0(though that has been eroding for a while). A third challenges the ability of agencies (in this case the SEC) to adjudicate enforcement matters, on the grounds that this violates the Seventh Amendment right to trial by jury. A fourth involves whether congress members as individuals can sue to compel agencies to provide information. Professors Adler and Entin can tell us about these cases and others in the pipeline.<\/p>\n

Is there a conservative revolution in jurisprudence, and how far is it likely to go? What are the limits as revealed by individual Justices’ 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

In order to make it easy for people to protect themselves and still participate, the meetings can be attended on Zoom. Participants can register for each meeting in the same way they did for the past three years. The link is posted below.<\/strong><\/p>\n

The discussion begins at 12:30 p.m., but the 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 pm. Please also be prepared to show identification when entering Kelvin Smith Library.<\/p>\n

Zoom participants should speak up when asked for questions or comments, or submit thoughts through Zoom\u2019s chat function. Please keep yourself muted until you are choosing to speak.<\/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<\/u><\/span><\/a>\u00a0Then 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\/tJAucuqvpz8tGNxGTgZqRR5vMyTIbB3BRCaM<\/u><\/span><\/a><\/p>\n

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

Please also e-mail<\/span>\u00a0padg@case.edu<\/u><\/span><\/a>\u00a0if you have questions about arrangements or any 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<\/u><\/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),\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

September 8: Take Two, But Double the Stakes? November\u2019s Reproductive Rights and Marijuna Ballots After Issue One\u2019s Defeat.<\/strong>\u00a0With\u00a0Ellen R. Kubit<\/strong>.<\/p>\n

September 15: Should Hard Drugs Be Decriminalized?<\/strong>\u00a0With\u00a0Michael W. Clune, Ph.D.<\/strong>, Samuel B. and Virginia C. Knight Professor of the Humanities, Department of English, and\u00a0Lee Hoffer, Ph.D.<\/strong>, Associate Professor of Anthropology and Professor of Psychiatry.<\/p>\n

September 22: Forty Years of AIDS Research and Care.<\/strong>\u00a0With\u00a0Michael M. Lederman, MD<\/strong>, LSMFT, Scott R. Inkley Emeritus Professor of Medicine.<\/p>\n

September 29: To Be Determined.<\/strong>\u00a0Alternate Room: Mather House 100<\/strong><\/span><\/p>\n

October 6: COVID-\u201923 and Beyond.<\/strong>\u00a0With\u00a0David H. Canaday, MD<\/strong>, Professor of Infectious Disease and Associate Director of Research for the Geriatric Research, Education, and Clinical Center, Cleveland VA.<\/p>\n

October 13: Civil-Military Relations in Egypt.<\/strong>\u00a0With\u00a0Dina Rashed, Ph.D.<\/strong>, Associate Dean of the College for Academic Affairs, University of Chicago.\u00a0Alternate Room: Mather House 100<\/strong><\/span><\/p>\n

October 20: One Semester Away from Crisis: Small Colleges and American Higher Education.<\/strong>\u00a0With\u00a0Tom Bogart, Ph.D.<\/strong>, Visiting Professor and Chair, Department of Economics.\u00a0Alternate Room: Mather House 100<\/strong><\/span><\/p>\n

October 27: Storefronts, Communities, and the Changing World of Retail.<\/strong>\u00a0With\u00a0Michael Goldberg, Ph.D.<\/strong>, Associate Professor of Design and Innovation; Executive Director and Associate Vice President, Veale Institute for Entrepreneurship.<\/p>\n

November 3: To Be Determined.<\/strong><\/p>\n

November 10: To Be Determined.<\/strong><\/p>\n

November 17: To Be Determined.<\/strong><\/p>\n

November 24: Thanksgiving Break<\/strong><\/p>\n

December 1: To Be Determined.<\/strong><\/p>\n

December 8: 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
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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 2023 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 1, 2023
\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\/1275"}],"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=1275"}],"version-history":[{"count":1,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/posts\/1275\/revisions"}],"predecessor-version":[{"id":1276,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/posts\/1275\/revisions\/1276"}],"wp:attachment":[{"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/media?parent=1275"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/categories?post=1275"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/artsci.case.edu\/fridaylunch\/wp-json\/wp\/v2\/tags?post=1275"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}