A Preview of 2020’s biggest Supreme Court Decisions: A SCOTUSblog Webinar [Part 2]

We continue our discussion highlighting the biggest cases being seen by the Supreme Court this year; the controversial issues being debated, and why Supreme Court litigator and SCOTUSblog cofounder Tom Goldstein thinks:

“We may be talking about this term for many more terms to come.” 

In the second of a two-part Supreme Court 2020 Preview webinar series, Goldstein and partner Kevin Russell of Goldstein & Russell, PC, joined Casetext’s Laura Safdie to shed light on the current term’s most potentially political cases yet.

With topics covering President Donald Trump’s tax returns, religious school funding, the future of the Consumer Financial Protection Bureau, and faithless electors in the 2020 presidential race; this discussion is not to be missed. 

See below for options to watch, listen to, or read the conversation…

No Avoiding ‘Hot Button’ Issues in 2020

Conservative justices at the Supreme Court now outnumber progressives five to four. Division along political lines has been anticipated; nonetheless, 2020 is off to a surprisingly subdued start, and the business at the court has moved forward with a measure of unanimity.

But that may be about to change.

“In recent terms—particularly last term, the court has…shied away from a lot of the big hot button issues,” says Goldstein, “But this term…it has stepped much more into the thick of things.” 

Now that the court has chosen to tackle some more politically charged cases, Goldstein says, “the big question is how rigid do the blocks on the court become, or how much of a flexible dynamic is there?”

United States Supreme Court 2020 Preview—Part Two Highlights

On Espinoza v. Montana Department of Revenue, regarding religious school funding, Russell says the case is “a good example of a revival of interest in religious freedom…about the extent to which that allows religious institutions and religious folks to get an exception to otherwise generally applicable laws…”

On Seila Law LLC v. Consumer Financial Protection Bureau (CFPB); whether the structure of an independent agency led by a single director violates the separation of powers; Goldstein notes; “The CFPB case’s potential is massive. (It) sets the table potentially for a broader reassessment of the constitutionality of independent agencies to begin with, and whether it is that we have a real sense of what’s called unitary executive, and…there isn’t independence.”

On a series of cases related to presidential subpoenas, Goldstein says President Donald Trump “has managed very successfully…to hold up enforcement of these subpoenas for a long time. Even if the subpoenas do go out and are complied with in July, it’s not clear that there would be any effect at that point on the election…”

Finally, two cases challenging state attempts to remove or fine ‘faithless electors’—Electoral College delegates who fail to follow the results of their state’s popular vote—have the potential to upend how presidents are elected, but Russell says, “I think that if they simply say…it’s fine, you can make them keep their promises so that the popular election means something, it’s not going to be viewed as the court being particularly political, which I think is what they’re going to do.”

How to Watch/ Listen/Read

Watch: If you want to watch the recording of Part Two of our SCOTUSblog 2020 Supreme Court Preview webinar, click this link and sign up. (For Part One, click here.)

Listen: The folks at SCOTUSblog will also be posting the audio of Part Two on their podcast here. (Part One can be found here.) 

Read: We’ll share the webinar transcript with anyone who signs up to watch the video.

Register for Casetext’s CLE program: Need CLE credit? Interested in improving your legal research skills? Please join us for our Advanced Legal Research webinar program, which is free to all Casetext customers. 




Featured posts

© 2024 Casetext Inc., a part of Thomson Reuters
Casetext, part of Thomson Reuters are not a law firm and do not provide legal advice.
Do Not Sell or Share My Personal Information/Limit the Use of My Sensitive Personal Information

Draft Correspondence

Rapidly draft common legal letters and emails.

How this skill works

  • Specify the recipient, topic, and tone of the correspondence you want.

  • CoCounsel will produce a draft.

  • Chat back and forth with CoCounsel to edit the draft.

Review Documents

Get answers to your research questions, with explanations and supporting sources.

How this skill works

  • Enter a question or issue, along with relevant facts such as jurisdiction, area of law, etc.

  • CoCounsel will retrieve relevant legal resources and provide an answer with explanation and supporting sources.

  • Behind the scenes, Conduct Research generates multiple queries using keyword search, terms and connectors, boolean, and Parallel Search to identify the on-point case law, statutes, and regulations, reads and analyzes the search results, and outputs a summary of its findings (i.e. an answer to the question), along with the supporting sources and applicable excerpts.

Legal Research Memo

Get answers to your research questions, with explanations and supporting sources.

How this skill works

  • Enter a question or issue, along with relevant facts such as jurisdiction, area of law, etc.

  • CoCounsel will retrieve relevant legal resources and provide an answer with explanation and supporting sources.

  • Behind the scenes, Conduct Research generates multiple queries using keyword search, terms and connectors, boolean, and Parallel Search to identify the on-point case law, statutes, and regulations, reads and analyzes the search results, and outputs a summary of its findings (i.e. an answer to the question), along with the supporting sources and applicable excerpts.

Prepare for a Deposition

Get a thorough deposition outline in no time, just by describing the deponent and what’s at issue.

How this skill works

  • Describe the deponent and what’s at issue in the case, and CoCounsel identifies multiple highly relevant topics to address in the deposition and drafts questions for each topic.

  • Refine topics by including specific areas of interest and get a thorough deposition outline.

Extract Contract Data

Ask questions of contracts that are analyzed in a line-by-line review

How this skill works

  • Allows the user to upload a set of contracts and a set of questions

  • This skill will provide an answer to those questions for each contract, or, if the question is not relevant to the contract, provide that information as well

  • Upload up to 10 contracts at once

  • Ask up to 10 questions of each contract

  • Relevant results will hyperlink to identified passages in the corresponding contract

Contract Policy Compliance

Get a list of all parts of a set of contracts that don’t comply with a set of policies.

How this skill works

  • Upload a set of contracts and then describe a policy or set of policies that the contracts should comply with, e.g. "contracts must contain a right to injunctive relief, not merely the right to seek injunctive relief."

  • CoCounsel will review your contracts and identify any contractual clauses relevant to the policy or policies you specified.

  • If there is any conflict between a contractual clause and a policy you described, CoCounsel will recommend a revised clause that complies with the relevant policy. It will also identify the risks presented by a clause that does not conform to the policy you described.

Summarize

Get an overview of any document in straightforward, everyday language.

How this skill works

  • Upload a document–e.g. a legal memorandum, judicial opinion, or contract.

  • CoCounsel will summarize the document using everyday terminology.

Search a Database

Find all instances of relevant information in a database of documents.

How this skill works

  • Select a database and describe what you're looking for in detail, such as templates and precedents to use as a starting point for drafting documents, or specific clauses and provisions you'd like to include in new documents you're working on.

  • CoCounsel identifies and delivers every instance of what you're searching for, citing sources in the database for each instance.

  • Behind the scenes, CoCounsel generates multiple queries using keyword search, terms and connectors, boolean, and Parallel Search to identifiy the on-point passages from every document in the database, reads and analyzes the search results, and outputs a summary of its findings (i.e. an answer to the question), citing applicable excerpts in specific documents.

Skills

UNIVERSAL
Search a Database

Find all instances of relevant information in a database of documents.

Summarize

Get an overview of any document in straightforward, everyday language.

Draft Correspondence

Rapidly draft common legal letters and emails.

TRANSACTIONAL
Contract Policy Compliance

Get a list of all parts of a set of contracts that don’t comply with a set of policies.

Extract Contract Data

Ask questions of contracts that are analyzed in a line-by-line review

Prepare for a Deposition

Get a thorough deposition outline by describing the deponent and what’s at issue.

LITIGATION
Legal Research Memo

Get answers to your research questions, with explanations and supporting sources.

Review Documents

Get comprehensive answers to your questions about a set of documents.