A Supreme Court United And Divided: Looking At The October 2020 Term
To anticipate how the Court will rule in upcoming blockbuster cases on gun rights, abortion and more, the October 2020 Term provides some clues to follow – if you know where to look.
October is approaching quickly, and for many Supreme Court watchers, all eyes will be on next Term’s high-profile, high-stakes cases dealing with abortion and gun rights. To anticipate how the Court will rule in these and many other cases, the October 2020 Term provides some clues to follow – if you know where to look.
With the balance of the Court shifting due to the previous administration’s appointments of three justices, the past few years were expected to highlight ideological divisions. During the October 2020 Term, this wasn’t always the case – whether finding that the N.C.A.A. can’t prohibit college athletes from receiving modest payments or siding with a Catholic agency on the rights of gay foster parents, the Court was often unanimous. In fact, analysis of all October 2020 Term decisions finds that the justices ruled unanimously in 46 percent of cases in which they all participated, a higher rate than in previous years, the New York Times reported, citing the Supreme Court Database. At the same time, justices continued to split along fairly predictable lines in cases involving the death penalty and voting accommodations.
An annual program from Practising Law Institute takes a close look at these developments, with a panel of nationally recognized constitutional experts providing thoughtful analysis of the major decisions and themes of the past Term. Co-chaired by Dean Erwin Chemerinsky of the University of California Berkeley School of Law and Martin A. Schwartz, Professor Emeritus of Law, Touro Law Center, the program brings together experts with a diverse array of backgrounds and views, including Federal Circuit and district court judges, a Supreme Court journalist, law school professors, and constitutional litigators.
The program devotes a full day to discussions of the justices’ voting patterns and how they’re manifested in important decisions concerning the Affordable Care Act, the Voting Rights Act, freedom of speech, and freedom of religion; the separation of powers; and litigation concerning civil rights, business, and the environment. Panelists will discuss how the death of Justice Ruth Bader Ginsburg and the subsequent appointment of Justice Amy Coney Barrett have impacted the Court’s decisions, the evolving role of Chief Justice John Roberts, and more.
“Each year, we have the privilege of bringing together a truly outstanding faculty of constitutional experts to share their insights with our audience,” says Janet Siegel, a PLI Program Attorney who organizes the Supreme Court program and heads PLI’s Pro Bono Department. “As always, the stakes of the Court’s decisions this year felt very high as they touch on issues including fundamental individual constitutional rights, separation of powers, the rights of criminal defendants, and the interpretation of important voting rights and environmental and antitrust statutes.”
To learn more and view the program’s webcast on-demand, visit PLI.edu.
Practising Law Institute is a nonprofit learning organization dedicated to keeping attorneys and other professionals at the forefront of knowledge and expertise. PLI is chartered by the Regents of the University of the State of New York and was founded in 1933 by Harold P. Seligson. The organization provides the highest quality, accredited, continuing legal and professional education programs in a variety of formats which are delivered by more than 4,000 volunteer faculty including prominent lawyers, judges, investment bankers, accountants, corporate counsel, and U.S. and international government regulators. PLI publishes a comprehensive library of Treatises, Course Handbooks, Answer Books and Journals also available through the PLI PLUS online platform. The essence of PLI’s mission is its commitment to the pro bono community. View PLI’s upcoming live programs here.
