Liberal and conservative legal experts looking ahead to the next Supreme Court term are preoccupied with much different priorities, but both question whether the high court will decide the fight over President Trump's travel ban.
The issue of whether the travel ban litigation could become moot before the high court hears oral arguments is unresolved, but liberals also appear to be wondering who will be sitting on the high court next term. For liberals, rumors of Justice Anthony Kennedy's potential retirement and role on the high court still dominate their thinking about the future of the Supreme Court.
Erwin Chemerinsky, new dean of Berkeley Law at the University of California, said Thursday that the Supreme Court "is still the Anthony Kennedy court." Speaking at the National Constitution Center's review of the high court's most recent term, Chemerinsky noted that Kennedy "voted in the majority on 97 percent of all of the decisions," more often than any other justice.
"So for the lawyers who're here and watching, if you have a case before the Supreme Court, my advice to you is make your briefs a shameless attempt to pander to Justice Kennedy," Chemerinsky said. "If the clerk of the court will allow it, put Anthony Kennedy's picture on the front of your brief."
While Chemerinsky said he thinks Gorsuch may prove to be more conservative than the late Justice Antonin Scalia, whose seat Gorsuch filled in April, "if Justice Kennedy leaves the court, then we will have the most conservative court there's been since the mid-1930s."
Frederick Lawrence, Yale Law School professor who sat alongside Chemerinsky at the event, said the year has been characterized by "constitutional anxiety" for "constitutional lawyers, constitutional scholars and for citizens who care about the Constitution."
"I certainly will watch with my constitutional anxiety this October in the [travel ban] argument because I think ... there is so much vagueness in play in the joints here that when one finds oneself sort of hoping for mootness as the way out, it tells you the corners we're getting ourselves into," Lawrence said.
At the Heritage Foundation's review of the last term on Thursday, legal experts were similarly questioning whether the high court would resolve the travel ban dispute.
Will Consovoy, a former law clerk to Justice Clarence Thomas and a lawyer who argues before the Supreme Court, said "mootness is a real concern" in the travel ban case. He added that he thought the high court, more so than the lower courts that have reviewed the case, would look to say "can we create a durable rule here that's not going to devour the law, so to speak."
Trump's travel ban blocks nationals from six Muslim-majority countries from entering the U.S. for 90 days and refugees from all countries for 120 days.
Joseph Palmore, a former law clerk to Justice Ruth Bader Ginsburg and co-chairman of the Appellate and Supreme Court Practice Group at Morrison Foerster, told the Heritage Foundation audience that the issue of mootness is clearly a top issue for the high court.
Asked whether the Supreme Court could hear the case even if it appears to be moot from the vantage point of those outside the justices' chambers, Palmore said that's a question that likely would lurk.
"The court might view it though as what's before us is this actual executive order and if it's moot then those issues could be fought another day, but I think ... there might be a competing urge to the extent that some justices are concerned with what they might see as the overbreadth of some of the court of appeals decisions," Palmore said. "Do they leave those in place because the Supreme Court case becomes moot or do those get vacated? There's a lot of complicated rules, what happens when a case becomes moot."
Palmore said he also is closely watching to see how Trump's campaign statements can be attributed as motivation to enact the travel ban if at all and whether the lower courts appropriately applied nationwide injunctions.
Palmore said the last pressing question is whether the dispute could return to the Supreme Court in the "next few weeks or even days" because of the disagreement over the scope of the injunction. The Supreme Court, in deciding to take the case, said that nationals from the six countries could visit the U.S. if they have "bona fide" relationships in the country.
The fight in the federal courts over the extent of the travel ban permitted by the Supreme Court began earlier this week.
Read the original here:
- Fox News Anchor Comes Unglued, Berates 'Dumb' Liberal Colleague - The Daily Beast - April 27th, 2024 [April 27th, 2024]
- Mathew Chandy '24, College of Liberal Arts and Sciences - UConn Today - University of Connecticut - April 27th, 2024 [April 27th, 2024]
- Will No One Rid Me Of These Meddlesome -Isms: Thinking and Rethinking Liberalism - Front Porch Republic - April 27th, 2024 [April 27th, 2024]
- Why market demand doesn't capture the value of the liberal arts | Letters - Tampa Bay Times - April 27th, 2024 [April 27th, 2024]
- See what the students were wearing for the School of Liberal Studies at Savannah High prom - Savannah Morning News - April 27th, 2024 [April 27th, 2024]
- Is a $330000 liberal arts education still 'worth it?' - Los Angeles Loyolan - April 27th, 2024 [April 27th, 2024]
- Judge installed by liberal Democrats over centrist Hochul pick responsible for Harvey Weinstein ruling - New York Post - April 27th, 2024 [April 27th, 2024]
- Liberal Cities, Conservative Towns Seek Supreme Court's Help on Homelessness - The Wall Street Journal - April 27th, 2024 [April 27th, 2024]
- Luke Grimes on Yellowstones liberal critics: A lot of people see a cowboy hat and think, thats not for me - The Independent - April 27th, 2024 [April 27th, 2024]
- Liberal pundits really do have weekly meetings to 'shape' message on Trump - Washington Times - April 27th, 2024 [April 27th, 2024]
- Trump slams 'Bidenomics' ahead of court, claims to have a 'good chance' of winning liberal state - Fox News - April 27th, 2024 [April 27th, 2024]
- Ones a Conservative, Ones a Liberal. Heres Their Secret to Friendship. - InsideHook - April 27th, 2024 [April 27th, 2024]
- Bill Cotterell: What? NPR is liberal? Say it ain't so - Tallahassee Democrat - April 27th, 2024 [April 27th, 2024]
- Orban: Hungary is island in the European progressive liberal ocean - bne IntelliNews - April 27th, 2024 [April 27th, 2024]
- NY Times keeps spotlight on NPR crisis on heels of Uri Berliner blowing whistle on liberal bias - Fox News - April 27th, 2024 [April 27th, 2024]
- CPAC Hungary: ex Polish PM Morawiecki warns of "destructive ideas of liberal elites" - Notes From Poland - April 27th, 2024 [April 27th, 2024]
- The biggest threat to freedom in the West is liberalism itself - The New Statesman - April 27th, 2024 [April 27th, 2024]
- Letter: NPR Editor Berliner reveals liberal bias of network - Arizona Daily Star - April 27th, 2024 [April 27th, 2024]
- Chicago native says residents livid over liberal mayor's new migrant funding, ready to vote for Trump - Fox News - April 27th, 2024 [April 27th, 2024]
- Ontario Liberal leader says Dresden landfill project could be nixed with 'stroke of a pen' - The Chatham Daily News - April 27th, 2024 [April 27th, 2024]
- Opinion: The Liberals' immigration policies have accomplished the opposite of what was intended - The Globe and Mail - April 27th, 2024 [April 27th, 2024]
- At Issue | Was the Liberal budget a bust with Canadians? - CBC.ca - April 27th, 2024 [April 27th, 2024]
- Have the Liberal Arts Gone Conservative? - The New Yorker - March 12th, 2024 [March 12th, 2024]
- Letters to the Editor: 'I see myself in Katie Britt' what liberal critics missed in the senator's response - Los Angeles Times - March 12th, 2024 [March 12th, 2024]
- Even when it criticizes Israel, the liberal world is not against us - opinion - The Jerusalem Post - March 12th, 2024 [March 12th, 2024]
- Former Trump Aide Alyssa Farah Griffin Becomes a Liberal Favorite - The New York Times - March 12th, 2024 [March 12th, 2024]
- Renowned author, liberal arts proponent to deliver annual Lester Lectures - Mercer University - March 12th, 2024 [March 12th, 2024]
- NYU to Host Zaheer Ali at the Annual Liberal Studies Student Research ColloquiumApril 5 - NYU - March 12th, 2024 [March 12th, 2024]
- Power to the Neighborhoods!: New York City Growth Politics, Neighborhood Liberalism, and the Origins of the ... - Joint Center for Housing Studies - March 12th, 2024 [March 12th, 2024]
- Canada's Conservatives back NDP-Liberal anti-scab legislation that undermines the right to strike - WSWS - March 12th, 2024 [March 12th, 2024]
- The Surprising Left-Right Alliance That Wants More Apartments in Suburbs - The New York Times - March 12th, 2024 [March 12th, 2024]
- PARKER: Clarence Thomas, liberal racism and the ongoing denigration of Black conservatives - Kankakee Daily Journal - March 12th, 2024 [March 12th, 2024]
- Liberal Media Scream: Hollywoods freaks over Trump - Washington Examiner - March 12th, 2024 [March 12th, 2024]
- Why liberals failed in the fight against antisemitism - JNS.org - March 12th, 2024 [March 12th, 2024]
- Liberal Renew manifesto sneak peek and bits from Bucharest congress - EURACTIV - March 12th, 2024 [March 12th, 2024]
- Katie Britt calls on liberal media 'to pay attention' to border - 1819 News - March 12th, 2024 [March 12th, 2024]
- Liberal truck wash cited $171k for OSHA violations - KSN-TV - March 12th, 2024 [March 12th, 2024]
- Over 30,000 Killed in Gaza, but Even Israel's 'Liberal Left' Says: That's War - Opinion - Haaretz - March 12th, 2024 [March 12th, 2024]
- Liberal Man Injured in Beaver County Accident - KSCB News.net - March 12th, 2024 [March 12th, 2024]
- What is the Market's View on China Liberal Education Holdings Ltd (CLEU) Stock's Price and Volume Trends Monday? - InvestorsObserver - March 12th, 2024 [March 12th, 2024]
- German liberals send defence expert into tripartite EU election leadership team - EURACTIV - March 12th, 2024 [March 12th, 2024]
- Ramaswamy warns liberal justices 'buying political latitude' with 9-0 ruling as more Trump cases lie ahead - Fox News - March 12th, 2024 [March 12th, 2024]
- How much of this is propelled by white liberal guilt from executives?: Gutfeld - Fox News - March 12th, 2024 [March 12th, 2024]
- Liberals and the Libel of Christian Nationalism - The Imaginative Conservative - March 12th, 2024 [March 12th, 2024]
- Liberal Arts & Science Academy - Austin extends home winning streak to seven - MaxPreps - March 12th, 2024 [March 12th, 2024]
- Liberal Racism and the Denigration of Black Conservatives - Daily Signal - March 12th, 2024 [March 12th, 2024]
- Watchdog group exposes radical, liberal ideology of school-based health centers - The Lion - March 12th, 2024 [March 12th, 2024]
- What happens when a liberal learns her family owned slaves? - Leader & Times - February 11th, 2024 [February 11th, 2024]
- Is it Liberal Arts, Without the Arts? - Xavier Newswire - February 11th, 2024 [February 11th, 2024]
- Quebec Liberal Party would be more popular with Denis Coderre at the helm: poll - Montreal Gazette - February 11th, 2024 [February 11th, 2024]
- Maine's Liberal Members of Congress Stand by Biden After Disastrous, Confused Press Conference - The Maine Wire - February 11th, 2024 [February 11th, 2024]
- Liberal Media Scream: Kristen Welker likes to lecture Republicans, too - Washington Examiner - February 11th, 2024 [February 11th, 2024]
- Australia's only Liberal government lives on - for now - Yahoo News Australia - February 11th, 2024 [February 11th, 2024]
- Liberal institutions are the threat to liberal institutions Claudine Gay is warning about - Washington Examiner - January 10th, 2024 [January 10th, 2024]
- Elon Musk, the "free speech absolutist" kicks liberal journalists off Twitter - Daily Kos - January 10th, 2024 [January 10th, 2024]
- Liberal Arts and studies in humanities under attack on college campuses - The Community Word - January 10th, 2024 [January 10th, 2024]
- Liberal candidate for federal byelection planned to run for Conservatives last year - National Post - January 10th, 2024 [January 10th, 2024]
- Bill Barton: 'The Liberal by the Bay' - Redheaded Blackbelt - December 7th, 2023 [December 7th, 2023]
- OPINION | Female-dominated liberal arts imperative in male-dominated tech world - Tulane Hullabaloo - December 7th, 2023 [December 7th, 2023]
- Dean of the College of Liberal and Fine Arts job with Tarleton State University | 37572379 - The Chronicle of Higher Education - December 7th, 2023 [December 7th, 2023]
- Laughing Stock: 'A liberal agenda' may not be what you think - Tucson Weekly - December 7th, 2023 [December 7th, 2023]
- Justin Trudeau plays the Trump card - POLITICO - POLITICO - December 7th, 2023 [December 7th, 2023]
- Norman Lear, Producer Of TV's 'All In The Family' And Influential Liberal Advocate, Dies At 101 - Newstalk 750 - 103.7 ... - KFQD - December 7th, 2023 [December 7th, 2023]
- Kremlin Taps Liberal Businessman to Oppose Putin in 2024 Election Report - The Moscow Times - December 7th, 2023 [December 7th, 2023]
- Norman Lear, producer of TV's 'All in the Family' and influential liberal advocate, has died at 101 - WV News - December 7th, 2023 [December 7th, 2023]
- MoveOn Carries Out Layoffs as Liberal Groups Struggle to Raise Money - The New York Times - December 7th, 2023 [December 7th, 2023]
- Norman Lear, producer of TV's 'All in the Family' and influential liberal advocate, has died at 101 - El Paso Inc. - December 7th, 2023 [December 7th, 2023]
- UW System President suggests universities with high numbers of low income students should shift away from liberal arts - Wisconsin Examiner - December 7th, 2023 [December 7th, 2023]
- Norman Lear, producer of TV's 'All in the Family' and influential liberal advocate, has died at 101 - The Caledonian-Record - December 7th, 2023 [December 7th, 2023]
- Israels representative in New York resigned to protest Netanyahu. Now hes got some tough words for liberal New York Jews. - Forward - December 7th, 2023 [December 7th, 2023]
- Neal Milner: Watch That Swinging Door, Liberals, Lest It Hit You On The Way Out - Honolulu Civil Beat - December 7th, 2023 [December 7th, 2023]
- The Liberal Answer to Cancel Culture - Manhattan Institute - November 8th, 2023 [November 8th, 2023]
- Study: Liberal US priests facing 'progressive' extinction - The Pillar - November 8th, 2023 [November 8th, 2023]
- Liberal Jewish U.S. Groups Are Walking an Oh-So-Thin Tightrope - The New Republic - November 8th, 2023 [November 8th, 2023]
- Why a liberal arts degree is often a ticket to career success - USC Dornsife College of Letters, Arts and Sciences - November 8th, 2023 [November 8th, 2023]
- Open Forum: In their time, founding fathers were liberal - The Winchester Star - November 8th, 2023 [November 8th, 2023]
- Liberals announce National Campaign Committee Co-Chairs - Liberal Party of Canada - November 8th, 2023 [November 8th, 2023]
- UT College of Liberal Arts hosts panel about Senate Bill 17 - The Daily Texan - November 8th, 2023 [November 8th, 2023]
- Liberal Arts student uses platform to educate others on the ... - Pennsylvania State University - November 8th, 2023 [November 8th, 2023]
- Stanford celebrates 50 years of Structured Liberal Education ... - Stanford University News - November 8th, 2023 [November 8th, 2023]