Court Watchers Awaiting Rulings in Blockbuster Cases
As the Supreme Court enters its final month of the October 2020 term, court watchers are still awaiting rulings in the blockbuster cases.
But last week’s decisions were newsworthy and included a refusal to take up Johnson & Johnson appeal over the $2.5 billion verdict in the case involving the company’s talcum powder as a causer of cancer.
The biggest case of the week was United States v. Cooley in which a unanimous court ruled that a tribal police officer is entitled to detain a non-tribal person traveling along a public road through a reservation when there is reasonable suspicion that a crime has been committed.
Justice Stephen Breyer wrote the public safety of members of the Crow nation was reason enough to detain the individual, who had the appearance of an impaired person and was transporting guns. The respondent was charged with crimes under federal law and unrelated to specific native jurisdiction offenses.
In a case involving the Computer Fraud and Abuse Act, Justice Amy Coney Barrett wrote the opinion for a six to three majority. It involved a police officer who had received a bribe for using his authority to access computer information on a driver’s license and sell it.
She ruled that since the officer was authorized to access the data, his conduct did not violate the law.
The line-up of votes in the case, Van Buren v. U.S., was not the usual liberals v. conservatives split. Joining Barrett were Breyer, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh and Neil Gorsuch. Justice Clarence Thomas wrote the dissent with Chief Justice John Roberts and Justice Samuel Alito.
The week also saw a decision in Garland v. Dai, an immigration case in which the court was called upon to rule on how an appellate court should view the credibility of an alien. Justice Gorsuch wrote for a unanimous court.
As of this writing last Friday, there are only 21 cases to be decided, with Monday being a decision day. Court insiders are now saying that the justices will wrap up their work by July 3.
Despite the conclusion of opinion writing, the work of the Court is never truly finished. The petitions for review of cases keep pouring into SCOTUS at the rate of about 150 per week. The justices are also faced with requests for emergency orders in matters such as capital cases all year long.
This year, the Biden Commission is studying the work of the court with an eye to such issues as expanding its size and examining its transparency. While the justices are not members of the commission, they will be called on to react and defend such things as their refusal to permit cameras in the courtroom.
Last summer, the pandemic prevented justices from travel abroad to teach in exotic places. I have searched but have not discovered plans for any such excursions for this summer.
On June 2, it was announced that Kathleen Arberg, the head of the Public Information Office of the Court, will retire on July 3 after 38 years of service. She has been a wonderful source for journalists over the years. She will be missed!
Richard Shugrue is a professor emeritus at the Creighton University School of Law and a columnist for The Daily Record.
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