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.
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Paul D. Clement points out that one should remember for future trivia questions that Henry Schein Inc. v. Archer and White Sales Inc. is the first majority opinion written by Justice Brett Kavanaugh.
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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.
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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. #SCOTUS
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