For Monday

Thursday video--with transcript, without transcript.

Reminder of upcoming events:

    • Friday, October 30: The Jurisprudence and Legacy of Justice Ginsburg. 12:30 p.m. Zoom Register.

    • Tuesday, November 10: Judicial Lecture: The Honorable Sri Srinivasan (Chief Judge, U.S. Court of Appeals for the D.C. Circuit). 12:30 p.m.

    • Tuesday, November 10: Moot Court Finals. 6 p.m.

On Monday, we will finish our discussion of Reproductive Freedom, trying to figure out what the state of the law is following June Medical. This partly depends on the Marks principle: a "fragmented court decision stands for the 'position taken by those members who concurred in the judgments on the narrowest grounds.'" That is, the concurring opinion with the narrowest reasoning supporting the judgment. But what is the position for which Chief Justice Roberts' concurring opinion stands--what is the "narrow reasoning" supporting the judgment? Also, count the votes in June for the proper meaning of Casey.

We them turn, finally, to Right to Die. (Panel # 12). Consider:

    • What does substantive due process mean and when will or should the Court recognize "new" rights? How does Justice Souter offer a different understanding of what substantive due process is?

    • How do these cases derive from the basic privacy right in Griswold?

    • What role does and should societal morality or disapproval play in constitutional doctrine. 

    • How did the Court distinguish the situation in Cruzan from the situation in Glucksberg and Vacco?

For all of next week, expect to reach Sexual Liberty (Panel # 13) and Family Life (Panel # 14).