SCOTUS Update

Harris and the Supreme Court

Vice President Harris strongly supported abortion rights during the presidential debate. She also supports court reform:

Vice President Harris believes that no one is above the law. She’ll fight to ensure that no former president has immunity for crimes committed while in the White House. She will also support common-sense Supreme Court reforms—like requiring Justices to comply with ethics rules that other federal judges are bound by and imposing term limits—to address the crisis of confidence facing the Supreme Court.

(New issues page on her campaign website.) 

Judges for Court Reform 

Justice Kagan reaffirmed her support of a binding ethics code enforced by lower court judges. Likewise, she noted that the "emergency docket" (aka shadow docket) has been overused. Prof. Melissa Murray of Strict Scrutiny Podcast interviewed her.

(Kagan also warns Dobbs can be an open-ended threat to other rights.) 

Former Chief Judge Diane Wood supports statutory term limits of federal judges. She even positively cited the Presidential Commission on the Supreme Court. That commission deserves a bit more love. 

Broad 19th Amendment

I have previously argued that the 19th Amendment suggests an open-ended view of sexual equality. 

Sexual equality is required to truly protect voting rights. Also, equal voting rights are part of a united whole of equal citizenship. More here with a connection to Dobbs (abortion). 

Trump v. Anderson 

A duo who argued the 14th Amendment warrants Trump's disqualification, using originalist arguments, has a follow-up to the ruling itself. 

I don't agree with everything they say, especially that "obviously" original understanding, not SCOTUS precedent, provides meaning to the Constitution. However, it is overall a strong and correct reply. 

They argue the per curiam -- at least the final version -- does not actually (contra the main concurrence) say only federal legislation will enforce 14A, sec. 3. States can't (even there, maybe they would have a role). 

OTOH, the opinion leaves in language that leads people to think that. So, what it "really" says might be beside the point. If it is assumed they said it, it might be enough. Anyway, the whole thing is likely academic. As to Trump, one surely hopes so. 

Ketanji Brown Jackson 

Jackson's autobiography, Lovely One, provides an intimate life of her life. 

The four hundred-page book, which she wrote with someone thanked in the acknowledgments, should appeal to the general reader. It might be a bit too long at 400 pages, but it is easy reading overall. 

We learn about her parents, her academic drive (including debate in high school), her relationship with the white future doctor who became her husband, and the struggles of her older daughter (neurodivergent).  The last subject is one of the more personal discussions, including the couple's struggles to balance career and family & find out what was the best academic path for their daughter.  

[Like two ships passing in the night, Jackson and Barrett also worked at the same law firm, but apparently not at exactly the same time.] 

She also informs us how she came upon her current hairstyle. Hair is very important to women of color. Melissa Harris-Perry on her MNBC weekend show (Perry and Chris Hayes had more ability to have free-range discussions on those shows) once had a very interesting segment on the subject.  

Some readers might wish she talked more about law and her legal experiences. Jackson did cover that too though the section on her law school experience is brief except for a discussion on the law review. 

The book ends with her Supreme Court confirmation so don't expect her to talk about her time there. She also followed the usual rules about talking about her Supreme Court clerkship though provided some basic details while not talking about inside material.

Overall, it was an interesting and personable book that should get a wide readership.  

Upcoming 

The new term will start on the first Monday of October. We will likely have more miscellaneous orders before then. 

There will also be multiple executions, starting next week. There might be one or more final orders dismissing Hail Mary attempts to stop them.