Tags: Religion | Russia Probe | Supreme Court | amy coney barrett | mueller report | catholicism | lgbt

What's Up for the Supreme Court

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(Dreamstime)

By    |   Thursday, 22 October 2020 08:14 AM

Just two weeks ago, the Supreme Court began its latest term. It echoes the term of the last presidential election cycle with just eight members.

Judge Amy Coney Barrett appears to be on her way to joining the bench, but that is left to the future to ultimately decide.

Right now, the court's docket is a mass of cases that leaves those unfamiliar with combing court calendars flummoxed. Senior Attorney Mark Miller of Pacific Legal Foundation gave Newsmax a rundown of the court's proceedings and interesting cases.

The first case that Miller suggests looking at "is the Department of Justice v. House of Representatives Committee on the Judiciary. There, the House Judiciary Committee is trying to get the court that handled the grand jury for the Mueller report to release the 'secret' materials that were part of the investigation.

"The House, unsurprisingly, wants to see the 'secret' materials because it was on Russia collusion, and both lower courts agreed to release the report because this is not unusual in this context."

Miller was quick to add that "a judge has the discretion to release grand jury materials, but what makes it unique is that the rules that allow for the release are a part of criminal rules procedure, not impeachment rules procedure."

Miller then raised the constitutional question, "Do we follow the rules as we did for an impeachment inquiry as we would for a criminal inquiry? It is very hard to predict how the court would come out on that issue, because the court deals with these kinds of issues in the context of the specific facts that bring the suit to the court.

"The report did not lead to a conviction and did not convince anyone on either side to change their mind."

Also before the Supreme Court are free exercise of religion versus nondiscrimination cases. Miller noted that in Fulton v. City of Philadelphia"you have the [Roman Catholic] Archdiocese in Philly that places children in foster care into families by working with the government."

Miller provided background to the case and how it parallels its precedent-setting predecessors. "A number of years ago, the city passed a law that says that agencies who place children must not discriminate against homosexual couples. The diocese stated that they don't place children with homosexual couples because to do so would be an afront to our faith. When the city heard that, they stopped their relationship with the diocese. This is very similar to the Masterpiece Cakeshop case, where [the bakers] did not want to bake a cake for a homosexual wedding."

In all, the court (plus or minus "ACB") faces yet another tumultuous year of deciding cases. The pundits who predict a Bush v. Gore scenario this year, however, are probably not going to get that prediction right.

According to Miller, "There was so much that had gone wrong to get to where we were in 2000. Florida had to botch the counting to get as far as it did, and I say that as a Florida lawyer."

He recalled how "[i]nitially, the Supreme Court unanimously, in an unsigned opinion, told Florida to put a stop to [the recounting]. They were very direct, but then the Florida Supreme Court thumbed its nose at that opinion, and I think they really ignored that case, and again I say that with respect as a Florida lawyer. Florida Supreme Court Chief Justice Charlie Weld wrote a dissent that acknowledged there was a crisis afoot, and it doesn't matter what we want because the Supreme Court has spoken."

Michael Cozzi is a Ph.D. candidate at the Catholic University of America in Washington D.C.

© 2020 Newsmax. All rights reserved.


   
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Just two weeks ago, the Supreme Court began its latest term. It echoes the term of the last presidential election cycle with just eight members. Judge Amy Coney Barrett appears to be on her way to joining the bench, but that is left to the future to ultimately decide. Right...
amy coney barrett, mueller report, catholicism, lgbt
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2020-14-22
Thursday, 22 October 2020 08:14 AM
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