Syracuse University College of Law; Institute for the Study of the Judiciary, Politics, and the Media; Syracuse Civics Initiative; Tully Center for Free Speech; and NDNY-Federal Court Bar Association present US SUPREME COURT: THE 2020–2021 TERM Program Materials Friday, Sept. 25, 2020 1:30 to 4:15 p.m. Online via Zoom CLE CREDIT: Because of COVID-19 related restrictions, this CLE will be offered in a virtual setting, via Zoom. A code will be provided at a particular point in the program, which can be used to claim CLE credit for participation. You will be provided with an Attorney CLE Affirmation form for the code and credit. Syracuse University College of Law and the Northern District of New York Federal Court Bar Association have been certified by the New York State Continuing Legal Education Board as Accredited Providers of Continuing Legal Education in the State of New York. “United States Supreme Court: the 2020–2021 Term” complies with the requirements of the New York State Continuing Legal Education Board for 3.0 credits towards the professional practice requirement. This program is appropriate for newly admitted and experienced attorneys. This is a single program. No partial credit will be awarded. IJPM Institute for the Study of THE JUDICIARY, POLITICS, AND THE MEDIA at Syracuse University Table of Contents Timed Agenda ......................................................................................................................................1 Program Participants ..........................................................................................................................2 I. Keynote Lecture: “The Supreme Court in the Trump Era: A Reporter’s Reflections” A. October Term 2020 (SCOTUSblog summaries) .............................................................9 B. Adam Liptak i. “Virus Pushes a Staid Supreme Court Into Revolutionary Cases” ........................14 ii. “John Roberts Was Already Chief Justice. But Now It’s His Court” ....................18 iii. “In a Term Full of Major Cases, The Supreme Court Tacked to the Center” .......21 II. Panel Discussion: “Supreme Court Preview: 2020-2021 Term” R. Reeves Anderson C. Federal Republic of Germany v. Philipp, No. 17-7064 ................................................25 i. “Justices Grant New Cases. .”............................................................................34 D. Republic of Hungary v. Simon, No. 17-7146 ................................................................36 Upnit Bhatti E. Texas v. California, No. 19-10011 ................................................................................53 F. California v. Texas, ** consolidated case .....................................................................53 i. “Supreme Court to Hear Obamacare Appeal” .....................................................101 The Honorable Mae D’Agostino G. Fulton v. City of Philadelphia, No. 18-2574 ...............................................................104 i. “Supreme Court to Hear Case on Gay Rights and Foster Care”..........................123 H. Pereida v. Barr, No. 17-3377......................................................................................125 Professor Paula C. Johnson I. Torres v. Madrid, No. 18-2134 ...................................................................................129 i. “A Timely Case of Police Violence at the Supreme Court” ................................133 J. Borden v. U.S., No. 18-5409 .......................................................................................135 K. Jones v. Mississippi, No. 2015-CT-00899-SCT..........................................................137 i. “Supreme Court to Consider When Juveniles May Get Life Without Parole”....151 The Honorable Rosemary Pooler L. Nestle USA v. Doe I, No. 17-55435 ............................................................................153 M. Cargill v. Doe I ** consolidated case .........................................................................153 III. Links to Additional Sources ..............................................................................................195 * Special thanks to Civics Fellows Mariah Almonte (Class of 2021) and Marina De Rosa (Class of 2022) for compiling these materials. Syracuse University College of Law; Institute for the Study of the Judiciary, Politics, and the Media; Syracuse Civics Initiative; Tully Center for Free Speech; and NDNY-Federal Court Bar Association present US SUPREME COURT: THE 2020–2021 TERM Friday, Sept. 25, 2020 1:30 to 4:15 p.m. Online via Zoom (registration link distributed closer to the event) AGENDA 1:30–1:35 p.m. Welcome: Craig M. Boise, Dean and Professor of Law 1:35–2:35 p.m. Keynote: “The Supreme Court in the Trump Era: A Reporter’s Reflections” Adam Liptak, Supreme Court Correspondent, The New York Times Introduction by Professor Roy Gutterman L’00, Director, Tully Center for Free Speech Q&A: Moderated by Professor Lauryn Gouldin, Associate Dean for Faculty Research 2:45– 4:15 p.m. Panel Discussion: “Supreme Court Preview: The 2020–2021 Term” Moderated by Keith J. Bybee, Vice Dean and Paul E. and Hon. Joanne F. Alper ’72 Judiciary Studies Professor of Law Panelists: • R. Reeves Anderson, Supreme Court Litigator, Arnold & Porter • Upnit K. Bhatti L’15, Managing Associate, Orrick, Herrington & Sutcliffe • The Hon. Mae D’Agostino L’80, US District Court for the Northern District of New York • Paula C. Johnson, Professor of Law • Adam Liptak, Supreme Court Correspondent, The New York Times • The Hon. Rosemary S. Pooler, US Court of Appeals for the Second Circuit This program is open to the public. There is no charge for this CLE program. In order to receive the Zoom link for this event, you must register by Monday, September 21: • Those affiliated with the College of Law (alumni, students, faculty, and staff) may register at alumniweekend.law.syr.edu. • Members of the NDNY-FCBA, please register through the NDNY-FCBA event page. • All others, please register here. • Please contact Chris Ramsdell at [email protected] with any questions about this event. IJPM Institute for the Study of THE JUDICIARY, POLITICS, AND THE MEDIA at Syracuse University 1 PROGRAM PARTICIPANTS KEYNOTE SPEAKER Adam Liptak, The New York Times Supreme Court Reporter Adam Liptak is the Supreme Court correspondent of The New York Times. Mr. Liptak, a lawyer, joined The Times’s news staff in 2002 and began covering the Supreme Court in the fall of 2008. He has written a column, “Sidebar,” on developments in the law, since 2007. Mr. Liptak’s series on ways in which the United States’s legal system differs from those of other developed nations, “American Exception,” was a finalist for the 2009 Pulitzer Prize in explanatory reporting. In 2005, Mr. Liptak examined the rise in life sentences in the United States in a three-part series. The next year, he and two colleagues studied connections between contributions to the campaigns of justices on the Ohio Supreme Court and those justices’ voting records. He was a member of the teams that examined the reporting of Jayson Blair and Judith Miller at The Times. Mr. Liptak was born in Stamford, Conn., on Sept. 2, 1960. He first joined The Times as a copy boy in 1984, after graduation from Yale University, where he was an editor of The Yale Daily News Magazine, with a degree in English. In addition to clerical work and fetching coffee, he assisted the reporter M.A. Farber in covering the trial of a libel suit brought by Gen. William Westmoreland against CBS. Mr. Liptak returned to Yale for a law degree, graduating in 1988. During law school, he worked as a summer clerk in The New York Times Company’s legal department. After graduating, he spent four years at Cahill Gordon & Reindel, a New York City law firm, as a litigation associate specializing in First Amendment matters. In 1992, he returned to The Times’s legal department, spending a decade advising The Times and the company's other newspapers, television stations and new media properties on defamation, privacy, newsgathering and related issues, and he frequently litigated media and commercial cases. He has taught media law at the Columbia University School of Journalism, U.C.L.A. Law School and Yale Law School. While working as a lawyer, Mr. Liptak wrote occasional book reviews for The Times and The New York Observer and contributed to other sections of The Times. His work has also appeared in The New Yorker, Vanity Fair, Rolling Stone, Business Week and The American Lawyer. He has written several law review articles as well, generally on First Amendment topics. Mr. Liptak lives in Washington with his wife, Jennifer Bitman, a veterinarian, and their children Ivan and Katie. 2 PANELISTS AND PANEL MODERATOR R. AReevesnderson, Partner, Appellate & Supreme Court Practice, Arnold & Porter Reeves Anderson represents businesses, individuals, states, and foreign governments in appeals and trial litigation involving novel or complex questions of constitutional, statutory, or international law. He has represented parties and amici in over 40 cases before the US Supreme Court on topics ranging from water rights to sovereign immunity to commercial speech. Mr. Anderson also maintains an active practice before the federal courts of appeals and US district courts, where he focuses mainly on cross-border and foreign-affairs disputes. His work has been featured in Chambers Global, National Law Journal's Appellate Hot List, and American Lawyer. Mr. Anderson was appointed to the firm’s Pro Bono