The Plastic Cutlery of Damocles
Apr 12, 2021•1 hr 21 min•Ep 126•Transcript available on Metacast Episode description
Fearing that death or disability will remove Justice Stephen Breyer from the Supreme Court when a Republican is in the White House, progressives have begun urging the senior Democratic appointed justice to retire so that Joe Biden can nominate a younger successor while he has a chance. Is Justice Breyer likely to retire anytime soon? David Lat joins today’s show to give us his take. Stick around to hear David Lat and our hosts chat about Biden’s 36-person Supreme Court commission, a new opinion involving California pandemic law, Google v. Oracle, and lawful orders from police officers.
Show Notes:
-David Lat’s Substack: Original Jurisdiction, and novel: Supreme Ambitions
-David Lat’s posts on Breyer: “Will Justice Breyer Retire? Reading The Clerk Hiring Tea Leaves” and “Confession Of Error: Justice Breyer Is Hired Up For October Term 2021”
-Ritesh Tandon v. Gavin Newsom
-Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark
-Campbell v. Acuff-Rose Music, Inc.
-Orin Kerr’s Twitter thread on lawful orders and Pennsylvania v Mimms
-“A Tale of Two Rap Songs” by David French in The Dispatch
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