Supreme scrutiny

The Heritage Foundation hosted a panel discussion this morning taking a look at the recent Supreme Courts term. Featured were Seth Waxman, the former Solicitor General of the United States under former President Clinton, Ronald Rotunda a constitutional treatise author, and Texas Solicitor General Ted Cruz. No one case dominated discussion but the issue of preemption and its reference to treatises were dominated by Waxman who believes the issue is “predicated on the supremacy clause.” Panelists also argued that the Supreme Court left many of the complicated opinions to states and lower courts. “They [The Supreme Court] leaves all the complicated problems to the lower courts, there’s no clear decisions sometimes,” said Rotunda. Rotunda believes that it is Justice Kennedy whose court opinions have left many “ambiguous” wordings that would only cause more problems for the lower courts. But with the recent decision to overturn the District of Columbia’s gun ban in the case of the District of Columbia vs. Heller, the question of the second amendment was front and center. According to Cruz, the case was fundamental to demonstrating that even in a modern society there is “right to bear arms.” But Cruz added that unlike Heller, most cases were not decided on a 5-4 vote, rather many cases came down to a 6-3 decision thus making this courts term less divided than years past, argued the panel.

The Heritage Foundation hosted a panel discussion this morning taking a look at the recent Supreme Courts term. Featured were Seth Waxman, the former Solicitor General of the United States under former President Clinton, Ronald Rotunda a constitutional treatise author, and Texas Solicitor General Ted Cruz. No one case dominated discussion but the issue of preemption and its reference to treatises were dominated by Waxman who believes the issue is “predicated on the supremacy clause.”

Panelists also argued that the Supreme Court left many of the complicated opinions to states and lower courts. “They [The Supreme Court] leaves all the complicated problems to the lower courts, there’s no clear decisions sometimes,” said Rotunda. Rotunda believes that it is Justice Kennedy whose court opinions have left many “ambiguous” wordings that would only cause more problems for the lower courts.

But with the recent decision to overturn the District of Columbia’s gun ban in the case of the District of Columbia vs. Heller, the question of the second amendment was front and center. According to Cruz, the case was fundamental to demonstrating that even in a modern society there is “right to bear arms.” But Cruz added that unlike Heller, most cases were not decided on a 5-4 vote, rather many cases came down to a 6-3 decision thus making this courts term less divided than years past, argued the panel.

About TRNS Washington Desk

View all posts by TRNS Washington Desk
TRNS Washington Desk
News updates from on and around Capitol Hill.

No comments yet.

Leave a Reply

Op-Ed: Obama To Double Salaried Workers Overtime

The Obama administration has this authority through the DOL, where, by law, any salaried worker must receive what is calculated closer to a households median income.

Tuesday, June 30

● Who will choose the voters?

● Colorado school voucher scheme struck down

● Court won’t review voter registration laws

● Court stops bogus robocall promotion

● USDA lifts bar against diseased beef

● Benghazi blame game began in White House

Interview: Burning Of Black Churches May Be A Perfect Storm

TRNS spoke with Mark Potok, Senior Fellow at the Southern Poverty Law Center over the recent rash of black churches being burned

SCOTUS Suspends Texas Abortion Clinic Rule

With no suspension put in place, Texas would have had a limited number of nine abortion centers left in the second largest state.

California Passes Bill Requiring Vaccinations

The California state assembly passed legislation will now move to Governor Jerry Brown’s desk, where he is expected to sign.

Pentagon: ISIL Is “Potent” But “Losing Strength”

ISIL was born one year ago today.