The prospect of a new Supreme Court justice brings a renewed focus on many of the Court's controversial doctrines. While much of the speculation on Judge Amy Coney Barret’s nomination has focused on social issues such as abortion, she could be a critical vote in the Court’s future on Chevron deference. Chevron deference— named for the 1984 Supreme Court decision in Chevron v. Natural Resources Defense Council — holds that courts should defer to an agency's interpretation of a statute when its language does not clearly answer the question at issue, provided the agency interpretation is reasonable. This has often allowed agencies to turn statutory ambiguity into a justification for expanding the scope of their authority. This authorit...
Judge Amy Coney Barrett has written opinions on a wide variety of labor issues in her short time on the Seventh Circuit Court of Appeals. Judge Barrett has demonstrated herself to be impartial, rendering rulings in favor of both employers and employees and basing her decisions on a strict factual examination in each case. Like her mentor Justice Scalia, Judge Barrett follows where the law takes her, not where she may wish it would go.
Today, the Committee for Justice provided a statement for inclusion in the record of the Subcommittee’s September 15th hearing, “Stacking the Tech: Has Google Harmed Competition in Online Advertising?” The letter was submitted by a group of legal experts, economists, and consumer and taxpayer advocates who believe in the importance of promoting competitive markets and defending the rule of law.
By a vote of 6-3 in yesterday's decision in Bostock v. Clayton County (combined with Altitude Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes Inc.), the Supreme Court affirmed that the judgment of the U.S. Court of Appeals for the Eleventh Circuit was reversed, and the case remanded (and the judgments of the Second Circuit in Altitude Express and the Sixth Circuit in R.G. & G.R. Harris Funeral Homes are affirmed). Justice Gorsuch's majority opinion was joined by the Chief Justice and Justices Ginsburg, Breyer, Sotomayor, and Kagan. Justice Alito dissented, joined by Justices Thomas and Kavanaugh. Curt Levey joins us to discuss the decision and future implications.
Journalists and academics seem convinced that artificial intelligence is often biased against women and racial minorities. If Washington’s new facial recognition law is a guide, legislators see the same problem. But is it true? It’s not hard to find patterns in AI decisions that have a disparate impact on protected groups. Is this bias? And if so, whose?
In April 2020, President Trump nominated Judge Justin Walker, currently serving on the U.S. District Court in Kentucky, to a pending vacancy on the U.S Court of Appeals for the D.C. Circuit. Below is information on Judge Walker and the D.C. Circuit.
The reauthorization comes at a time of heightened scrutiny, given the recent Department of Justice Inspector General report addressing the FBI’s use of FISA while investigating the 2016 presidential election and a Foreign Intelligence Surveillance Court of Review order expressing “serious concerns about the accuracy and completeness” of the FBI’s FISA applications in that case.
On March 24, the Supreme Court will hear oral arguments in Google LLC v. Oracle America, Inc, which is expected to set the standard for how thoroughly computer code is protected by copyright. If Google's copying of more than 11,300 lines of Oracle's Java code in building the Android operating system is allowed to stand, that protection will be weakened and the incentives for innovation in the software industry will be diminished. A victory for Oracle is important for promoting both the rule of law, including a textualist reading of the Constitution and statutes, and the protection of property rights.