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Past Event

Judicial Issues Forum | No. 18

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A Governance Studies Event

Briefing on U.S. Supreme Court Rulings

Courts, Judges, Justice and Law, U.S. Judiciary


Event Summary

The U.S. Supreme Court debated high-profile cases on gun control, Guantanamo Bay detentions, employment discrimination, the death penalty and other subjects of national controversy during its 2007-2008 term.

Judicial Issues Forum

Event Information

When

Friday, June 27, 2008
10:00 AM to 11:30 AM

Where

Falk Auditorium
The Brookings Institution
1775 Massachusetts Ave., NW
Washington, DC 20036
Map

Event Materials

Contact: Brookings Office of Communications

E-mail: events@brookings.edu

Phone: 202.797.6105

On June 27, Brookings Fellow Benjamin Wittes moderated a Judicial Issues Forum that included a panel of distinguished legal experts to assess the key rulings and developments of the term. Panelists included Stuart Taylor, Brookings nonresident senior fellow and National Journal columnist; Miguel Estrada of Gibson, Dunn & Crutcher LLP; and Randolph Moss of WilmerHale.

Transcript

BEN WITTES:   The biggest blockbuster cases of the term, which I think most people would regard as Boumediene, which dealt with detainees at Guantanamo, and Heller, which came down yesterday and struck down our local gun ban, handgun ban in the District, sort of look a great deal like last year. They’re both 5/4, they both divide the court in a sort of conventional ideological manner with Justice Kennedy as the key swing vote. They both involve some pretty strong rhetoric.

So in Boumediene, Justice Scalia writing in dissent talks about how Americans will die as a consequence of the decision. And there is no shortage of similar rhetoric with respect to Heller yesterday from the liberal dissenters. So this Heller yesterday prompted Stuart to write me an email posing the following question; if nine smart, more principal than average people with all the time in the world and brilliant staffs of clerks split along predictable liberal-conservative lines, not only on the bottom line of this and almost every other big case, but also on every component of the analysis, doesn’t it drive one toward the conclusion that the justices are simply politicians on the bench, and all the reasoning and the opinions are conscience, are subconscious, sophistry, driven by preconceived conclusions. More broadly, is there any hope that any – that reasonable people of diverse ideologies will ever be able to come to empirically driven consensus about anything important? So those are at sort of the top altitudes that review cases.

Participants

Moderator

Benjamin Wittes

Fellow and Research Director in Public Law, Governance Studies

Panelists

Miguel A. Estrada

Partner, Washington, DC Office, Gibson, Dunn & Crutcher LLP

Randolph D. Moss

Partner, WilmerHale

Stuart Taylor, Jr.

Nonresident Senior Fellow, Governance Studies


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