Happening now: The 2019 Supreme Court Review and Preview @GeorgetownCLE #GeorgetownCCI. Paul D. Clement and Donald B. Verrilli, Jr will be discussing the #SCOTUS docket & more. Moderated by #GeorgetownLaw Professor Steven H. Goldblatt. Follow for updates.
Clement: In Henry Schein v Archer and White & New Prime Inc. v. Oliveira, we see 2 statutory construction opinions from the 2 newest justices. With these new justices, it's clear that a textualist approach to statutory obstruction is alive and well on the current court. #SCOTUS
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Verrilli: "When you think about whether Chevron (deference) should be overruled, to me, the most potent argument is democratic accountability."
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Clement on Apple v. Pepper: This case involves the Illinois brick doctrine in a unique context. It didn't seem from the oral argument that the court was receptive to the claim going forward.
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Clement: Given Justice Thomas' views on stare decisis, his calls to reconsider NY Times v. Sullivan strike me as very, very unsurprising.
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Verrilli on amicus briefs: I'm not sure that they carry any particular weight, apart from how persuasive they are substantively. Just the fact that a brief is filed, in most cases, won't make a decisive difference.
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End of conversation
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