Former clerks for Justice Sandra Day O'Connor, Oona Hathaway and Sam Sankar, discuss her legacy. They explore challenges to the SEC's authority, Constitutional implications of the Seventh Amendment, and the classification of drugs as controlled substances. They also delve into conservative groups using a Supreme Court decision to challenge programs addressing maternal mortality among black women. Additionally, they share personal experiences of working for a prominent figure, including anecdotes about dinners and fitness activities. They discuss Justice O'Connor's disapproval of the current court and protests outside the Supreme Court.
The Supreme Court seems inclined to rule in favor of the defendant in the case of SEC v. Jarkesy, potentially impacting future double jeopardy cases.
The court is expected to issue a narrow ruling in favor of allowing federal courts to review mixed questions of law and fact in immigration proceedings.
The outcome of cases involving the interpretation of the Armed Career Criminal Act (ACCA) and mandatory minimum sentences remains uncertain, but there might be narrow wins for the defendants.
Deep dives
Miguel Rose v. Georgia
The case involves whether the double jeopardy clause allows the state to retry a defendant after a jury acquitted the defendant on some charges and convicted on others. The court seemed skeptical of the state's position and leaned towards a narrow win for the defendant, but the decision may not have broad implications.
Wilkinson v. Garland
The case addresses whether federal courts can review mixed questions of law and fact from immigration proceedings. The government argues that courts can only review questions of law, while the petitioner contends that courts can review mixed questions. It appears that the court will issue a narrow ruling in favor of the petitioner, allowing review of truly mixed questions but limiting review of factual determinations.
Brown v. United States and Jackson v. United States
The cases concern the interpretation of the Armed Career Criminal Act (ACCA) and the application of mandatory minimum sentences for individuals with prior convictions. The court seemed divided, with the democratic nominees and Justice Gorsuch leaning towards favoring the defendants. It remains uncertain how the court will rule, but there may be narrow wins for the defendants.
Justice O'Connor's Background and Influence
Justice O'Connor's background in politics and growing up on a ranch shaped her approach to the court. She believed in the importance of the political process and the role of the states. Her experience in politics also influenced her views on campaign finance, recognizing the need for regulation. She was known for her humility and minimalism, seeking compromises and solutions that respected the political branches and the states. However, she may not have anticipated the changing dynamics of the Republican Party and the kind of nominees it would put forward in the future.
Legacy of Justice O'Connor
Justice O'Connor's legacy was built on carefully crafted, minimalist decisions that aimed to find balance and respect the political process. However, her legacy has been undone by the current court's willingness to show political bias and disregard limitations. The court's recent decisions have gone against her approach, eroding her carefully constructed compromises. Justice O'Connor would likely be dismayed and shocked by the court's current trajectory, perceiving it as overstepping its role and violating democratic principles.
Implications for the Current Supreme Court
Justice O'Connor's absence has left a void on the court. Her influence and willingness to learn from others with different backgrounds made her a unique figure. She embraced diversity and recognized the importance of understanding different perspectives. Given the current court's direction, especially with decisions like Dobbs, which overturns previous rulings on reproductive rights, it is clear that Justice O'Connor's legacy has been diminished. She would have been concerned by the court's increasing politicization and disregard for precedent.
Leah, Melissa, and Kate recap the arguments in the hugely important administrative law case, SEC v. Jarkesy. Plus, they welcome Oona Hathaway and Sam Sankar-- two former clerks to the late Justice Sandra Day O'Connor-- to discuss her life and legacy.
