Posts Tagged ‘Supreme Court’

Adding seats to the Supreme Court

Several Democratic candidates for President say they’re interested in adding seats to the U.S. Supreme Court, while others decline to rule out the idea. As historians point out, the number of seats on the Court did fluctuate over part of American history, with four changes between 1807 and 1869. On the other hand, points out Dan McLaughlin, “Directly related to that, we had a Civil War triggered in good part by the Supreme Court’s Dred Scott decision. Let’s not do that again.” [@baseballcrank Twitter thread, earlier on Court-packing] Plus: liberal critics of Court-packing heard from [Ilya Somin and more on the idea’s dangers]

Supreme Court OKs asbestos suits against non-asbestos manufacturers

Tuesday’s 6-3 decision in Air & Liquid Systems v. DeVries took an expansive view of asbestos liability in the maritime context. I discuss at Cato at Liberty:

…By requiring makers of components to pay for damages they did not cause in the name of warnings that the U.S. Navy almost certainly would not have heeded, the Court yields to an impulse to round up deep pockets lest a sympathetic set of litigants otherwise go uncompensated….

In his dissent, Gorsuch points out that [the new standard formulated by Justice Brett Kavanaugh for the majority] not only has no evident grounding in existing tort doctrine but is not in fact easy to apply or predict. …

But it seems almost quaint to ask whether a newly announced legal standard can readily be applied and predicted in the context of asbestos law, a sui generis creation in which the courts regularly extract vast sums from defendants on the basis of legal standards assuredly not recognized in law at the time those defendants acted in the 1950s, 1960s, and 1970s. The implications of assigning retrospective liability to actions lawful at the time loom large and disturbing over continuing expansions of liability like the one announced in today’s case.

Supreme Court hears “bare-metal” asbestos case

Modern asbestos litigation has been described as an unending quest for the solvent defendant. Air and Liquid Systems v. DeVries, argued in October before the Supreme Court, presents the question of whether to permit suits against companies that made products containing no asbestos, “on the grounds that they had reason to foresee that the mineral would be used in conjunction with the products they did make.” I discuss the case in this new Reason piece.

More coverage of the oral argument from Brandi Buchman, Courthouse News and Ronald Mann, SCOTUSBlog reporting before and after. See also Robert H. Wright, Washington Legal Foundation; Federalist Society link roundup and video with Justin Torres of King and Spalding (& welcome SCOTUSBlog readers).

Environment roundup

In the mail: Supreme Court Haiku

Now out: Supreme Court Haiku paperback makes a perfect fun gift for your literary or contemplative lawyer friend.

Ted Frank argues at SCOTUS

“Mr. Frank [former Overlawyered blogger Ted Frank] argued his own case on Wednesday, a rarity in the Supreme Court, and he exhibited comprehensive knowledge of the law and an only occasionally halting style.” [Adam Liptak, New York Times] The transcript of oral argument, in which several Justices expressed doubt that the lower court had adequately pinned down standing issues, is here. More on Frank v. Gaos and the cy pres issues it raises: Richard Wolf/USA Today, Daniel Fisher, Jim Copland, SCOTUSBlog, Federalist Society SCOTUSBrief video; earlier here, etc.

O’Connor: “I am no longer able to participate in public life”

Retired Justice Sandra Day O’Connor has released a letter to the public about her declining health. O’Connor is rightly admired for her inspiring life story and unswerving loyalty to the highest civic principles as well as the ideals of the judiciary. Even at this difficult moment of her life, as the letter shows, she is intent on advancing the res publica.

That O’Connor was the swing Justice of her day did not mean that her role on the Court came down to trimming or compromise. Together with fellow Arizonan Rehnquist, no one was more central in the Court’s reinvigoration of federalism, drawing on her record as the only Justice of our era with extensive service in a state legislature. She has led public discussion in the right direction on issues ranging from professional responsibility and race and redistricting to judicial elections.

And as I noted in 2005, if a single jurist deserves our thanks for helping turn back what had seemed like an irresistible trend toward ever more litigiousness in the civil justice system, it is she. “More vocally than any of her present colleagues, Justice O’Connor sounded the alarm against what she’s termed ‘the increasing, and on many levels frightening, overlegalization of everyday life in our country today.'” Her leading role on such issues as due process review of punitive damages reflected that view. For that, as well as for her notice of my work along the way, count me among the grateful.