September 28, 2012

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Friday 9/28, I distributed one handout, my version of the Glucksberg case brief. We went through the Cruzan and Casey cases, and discussed how the Court found different rights involved in those cases. We also discussed from Cruzan the concept of varying burdens of persuasion, from preponderance, to clear and convincing, to beyond reasonable doubt. Finally we saw how the Court identified "legitimate" interests for the State of Washington in outlawing assisted suicide. We will pick up on Monday with a brief discussion of how Justice Souter's opinion differs from that of the majority. The additional assignment for Monday 10/1 is to read pp. 36-41 of the text, and to write out (for yourselves, not handed in) a case brief of the Katko case.

POS 359 FEDERALISM
In class today, Friday 9/28, we continued with our discussion of the Comstock case. We finished going over the majority's five reasons, and then got through the Kennedy and Alito concurrences. We began going through the Thomas dissent, with which we will continue on Monday. The additional assignment for Monday 10/1 is to read Chief Justice Roberts' discussion of the Necessary and Proper Clause in the Obamacare decision. To find the discussion, go to supremecourt.gov, select Opinions/ Latest Slip Opinions,select R-75, 6/28/12, NFIB v. Sebelius, and read section 2 regarding the Necessary and Proper Clause, pp. 27-30 of the Roberts opinion pagination.

POS 359 THE CURRENT SUPREME COURT TERM
In class today, Friday 9/28, we continued our discussion of the Grutter case. We outlined the O'Connor majority decision, seeing how she held that student body diversity was a compelling interest, and that the school's program was narrowly tailored to achieve that interest. The assignment for Monday 10/1 is to read the remainder of the Grutter opinions.