That's right boys and girls, next Monday is ... the First Monday in October, which is to say, Here's your Scotus Term 2023 preview (such as it is, since the docket will undoubtedly populated with some more cases in tomorrow's long conference order).
So what's key on the docket? Well, from the looks of it so far, I'm reminded of the title of a book by the late Gary McDowell, my freshman American Government professor: "Taking the Constitution Seriously". By that, what I mean is that we have a lot of interesting cases involving taking ALL of the Constitution seriously, including the "powers" and "structure" parts and not just the "rights" parts.
So we come strong out of the gate on Tuesday with a challenge to the CFPB on appropriations clause grounds (Aardvark prediction: agency prevails, as the theory is just a little too creative), followed on Wednesday with a case involving ADA "tester" standing (Aardvark prediction: hotel wins). We finish off the month with SC redistricting challenge (Aardvark prediction: state loses, as their theories strike me as a little too theoretical).
In November, we get some slightly sexier cases involving the First Amendment, including public officials and social media, and the ability to trademark slogans with political criticisms (Aardvark punts), and the Second Amendment, in the case that Hunter Biden is awaiting with baited breath regarding whether the 2d amendment precludes ownership restrictions for persons subject to civil restraining orders (Aardvark prediction: abuser loses).
But the most important, and facially more boring, cases of the term have yet to be scheduled, including whether Chevron deference is formally overruled (Aardvark prediction: yes) and whether the taxation clauses preclude taxation of unrealized income (Aardvark prediction: yes).
Then of course you have the various cases that have seen some shadow docket activity this summer, for which the court hasn't yet granted review - the Biden social media case, the Danco/FDA case, etc. As separate parlays, Draft Kings has put the over/under on the number of abortion-related cases this term at 1.5, is offering 7:1 odds the bump stock case does not get taken (or if it does, just gets remanded after Chevron is ovverruled), and is offering 10:1 odds if the IRA drug price negotiation case makes it there this term.
So what's key on the docket? Well, from the looks of it so far, I'm reminded of the title of a book by the late Gary McDowell, my freshman American Government professor: "Taking the Constitution Seriously". By that, what I mean is that we have a lot of interesting cases involving taking ALL of the Constitution seriously, including the "powers" and "structure" parts and not just the "rights" parts.
So we come strong out of the gate on Tuesday with a challenge to the CFPB on appropriations clause grounds (Aardvark prediction: agency prevails, as the theory is just a little too creative), followed on Wednesday with a case involving ADA "tester" standing (Aardvark prediction: hotel wins). We finish off the month with SC redistricting challenge (Aardvark prediction: state loses, as their theories strike me as a little too theoretical).
In November, we get some slightly sexier cases involving the First Amendment, including public officials and social media, and the ability to trademark slogans with political criticisms (Aardvark punts), and the Second Amendment, in the case that Hunter Biden is awaiting with baited breath regarding whether the 2d amendment precludes ownership restrictions for persons subject to civil restraining orders (Aardvark prediction: abuser loses).
But the most important, and facially more boring, cases of the term have yet to be scheduled, including whether Chevron deference is formally overruled (Aardvark prediction: yes) and whether the taxation clauses preclude taxation of unrealized income (Aardvark prediction: yes).
Then of course you have the various cases that have seen some shadow docket activity this summer, for which the court hasn't yet granted review - the Biden social media case, the Danco/FDA case, etc. As separate parlays, Draft Kings has put the over/under on the number of abortion-related cases this term at 1.5, is offering 7:1 odds the bump stock case does not get taken (or if it does, just gets remanded after Chevron is ovverruled), and is offering 10:1 odds if the IRA drug price negotiation case makes it there this term.
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