OT2017 #19: “This Classroom Is Not Full”

Live from Yale Law School, it’s First Mondays! We’re joined byJoseph Goldstein Lecturer in Law and Knight Distinguished Journalist in Residence Linda Greenhouse. First, we discuss the orders docket — what does it signal when the three liberal justices join Justice Stephen Breyer in a statement about denyinga death penalty case? Then, we address the trickle of opinions that have come out and speculate about what’s holding back the floodwaters. We move on to recapping the argument inNIFLAv.Becerra, the case about abortion and the First Amendment. Is Justice Anthony Kennedy right in that justices shouldn’t use the internet to supplement the record? Finally, we previewHughesv.United StatesandBenisekv.Lamone. For the latter, we theorize about why the Supreme Court is hearing another partisan-gerrymandering case whenGillv.Whitfordis still pending.
With court business taken care of, we get some time to talk to Linda about some of her recent writing, including her view of Chief Justice John Roberts’search for middle ground, and how she thinksJustice Antonin Scalia’s legacyis holding up.
And since it’s live, we’ll close with a few audience questions! Many thanks to Yale Law School for hosting us, and to Linda Greenhouse for joining our discussion.
Posted in First Mondays
Cases: Cyan Inc. v. Beaver County Employees Retirement Fund, Marinello v. United States, Ayestas v. Davis, Garco Construction Inc. v. Secretary of the Army, Salt River Project Agricultural Improvement and Power District v. Tesla Energy Operations Inc., Oliver v. McDaniels