October means Supreme Court

Every October the leaves change color, the days get shorter and jackets come back out, also the Supreme Court picks cases for the docket. This year First Amendment cases top the Supreme Court’s docket. This new court make up has a new justice and three women for the first time. The court will hear anti-gay protests at military funerals, the California law banning the sale of violent video games to children, parents of a child who suffered severe, lasting damage from a vaccine want to use state law to sue a drugmaker, The business community is asking the court to rein in the use of class actions in suits and arbitrations in state courts, Arizona law, imposing penalties on businesses that hire illegal immigrants and the Arizona’s income tax credit scholarship program. First year justice Kagan due to her former job as the solicitor general has forced her to take herself out of 24 of the 51 cases the court has so far agreed to hear. The first case is Monday, and Kagan will slip out of the courtroom before Roberts invites the lawyers to begin their argument. The biggest problem in Kagan’s absence is the it creates the potential for justices to split 4-4 in those cases. The other issue is age the oldest justice is Ginsburg, at 77. Scalia and Kennedy are 74, while Justice Stephen Breyer is 72. Ginsburg intends to stay on the court for five more years at least and the other three have given no indication they are leaving anytime soon. We are hopeful it will be when Congress is back under Republican control.


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