Lawyer Commentary Mondaq United States Supreme Court Round-Up (October 2020)

Supreme Court Round-Up (October 2020)

Document Cited Authorities (6) Cited in Related

Overview

The Supreme Court Round-Up previews upcoming cases, summarizes opinions, and tracks the actions of the Office of the Solicitor General. Each entry contains a description of the case, as well as a substantive analysis of the Court's actions.

October Term 2020

Cases Scheduled for Argument

  1. Carney v. Adams, No. 19-309 (3d Cir., 922 F.3d 166; cert. granted Dec. 6, 2019, with Question 3 directed by the Court; argued Oct. 5, 2020). The Questions Presented are: (1) Whether the First Amendment invalidates a longstanding state constitutional provision that limits judges affiliated with any one political party to no more than a "bare majority" on the State's three highest courts, with the other seats reserved for judges affiliated with the "other major political party." (2) Whether the Third Circuit erred in holding that a provision of the Delaware Constitution requiring that no more than a "bare majority" of three of the state courts may be made up of judges affiliated with any one political party is not severable from a provision that judges who are not members of the majority party on those courts must be members of the other "major political party," when the former requirement existed for more than fifty years without the latter, and the former requirement without the latter, continues to govern appointments to two other courts. (3) Whether respondent has demonstrated Article III standing.
  2. Texas v. New Mexico, No. 22O65 (Original Jurisdiction; CVSG June 3, 2019; motion for review opposed Dec. 9 2019; motion for review set for oral argument in due course Jan 27, 2020; argued Oct. 5, 2020). The Questions Presented are: (1) Whether the River Master clearly erred in retroactively amending the River Master Manual and his final accounting for 2015 without Texas's consent and contrary to this Court's decree that governs modification of the...

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