Glad to be here
I am delighted to be back at CoOp for what is becoming a quadrennial visiting stint–my last time guesting here was October/November 2008. A lot was happening back then, obviously–a crashing economy and the run-up to a historic presidential election, with the latter providing some great Fed Courtsy stuff to write about (thinking about the standing issues in the original birther lawsuits, among others). For the moment at least, the election-related litigation this time around has been focused in state court (the challenge to the Pennsylvania voter ID law) and/or on substantive election-law and constitutional issues (the early-voting processes in Ohio). But you never know when things will get interesting.
My initial focus this time around will be on opening week at the Supreme Court. The first two days of oral argument include three cases dealing with federal subject matter jurisdiction; two explore issues of jurisdictionality and the line between merits issues and jurisdiction issues (one of my long-held scholarly interests) and I will be writing about the third case for SCOTUSBlog over the course of the Court’s term.
Another thing to watch for this week is the mainstream media coverage of tomorrow’s first oral arguments. Given how last term ended and all the discussion over the summer about leaks about the internal workings in the ACA case and about conservative rage at the Chief, I expect a lot of ink/pixels to be spilled speculating whether they seem to be getting along and whether there are signs of leftover tension.