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The country's best felony newshounds touch upon and learn essentially the most very important oral arguments in fresh courtroom background
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Extra resources for A Good Quarrel: America's Top Legal Reporters Share Stories from Inside the Supreme Court
Based on all that he had told me the night before and what I had learned subsequently, I thought Barrett had done rather well—it could have been signi‹cantly worse. The Court’s decision in a case isn’t usually announced until weeks, often months, after the case is argued. For example, the landmark af‹rmative action case, Regents University of California v. 15 According to well-placed sources, Justice Lewis F. ’s controlling opinion was completed by Thanksgiving. The remaining eight justices needed seven months fully to articulate what they thought of the case (and offer their own spins on what their colleagues were writing).
To those unfamiliar with the background of a case, the arguments in Court may be all but incomprehensible. And in most cases, there really is no right answer. The Constitution sets the jurisdiction of the Court, and its proceedings are subject to federal regulation and internal Court rules. But as any Supreme Court observer will tell you, the most revered rule at the Court is the so-called Rule of Five. That is, the correct answer is whatever gets ‹ve votes. 1 Supreme Court advocates are ill-advised to equate their abilities with their won-lost records.
Has the Supreme Court overruled Roe v. S. 113 (1973), holding that a woman’s right to choose abortion is a fundamental right protected by the United States Constitution? There was no question 2. ” Indeed, Linda Greenhouse (1992) later wrote, “The strategy that the abortion-rights side brought to the Supreme Court . . ” But the other speakers clearly demonstrated that they all had embraced a strategy that was bold, even risky, an outright mix of law and politics. The speakers believed that the Supreme Court would be setting the stage for the 1992 presidential and congressional elections and for state ballot battles over at least a dozen anti-abortion referenda.