February 13, 2018

POS 282 INTRODUCTION TO AMERICAN LAW
In class today, Tuesday 2/13, I distributed three handouts: my version of the Gucksberg case brief; an article on death with dignity by Brittany Maynard; and an excerpt about fundamental rights from the same-sex marriage case of Obergefell v. Hodges. We started our discussion of the Glucksberg case by going through the requirements of how a right of the individual can come to be recognized as "fundamental", and then the flow chart of how a right is evaluated if it is, or is not, fundamental (high hurdles versus low hurdles). We saw how the plaintiffs in Glucksberg also argued that previous Supreme Court cases had already established the fundamental right to make intimate decisions about one's own body. We went through how these questions get written into a case brief. We also went over the difference between the panel decision of Court of Appeals, and the en banc decision. We left off with the low hurdles, the analysis once the individual right is determined not to be fundamental. We will pick up on Thursday with how the low hurdles analysis went in Glucksberg.
The assignment for Thursday 2/15 is to read the three handouts, and to review (re-read) the Glucksberg opinion, including the concurrence.


POS 484 CRIMINAL DUE PROCESS
In class today, Tuesday 2/13, we first finished up our discussion of the Court of Appeals opinion in Carpenter, including the concurring opinion. We then looked at the arguments advanced in the briefs of the parties, and how Carpenter tried to come within both wings of Jones , the privacy wing and a nod to the property wing. We then turned to the oral argument. We talked first about what the Justices use the oral argument for, and why Justice Thomas doesn't participate. We looked at how the Justices at the beginning were trying to get Wessler to distinguish this case from the 3rd party doctrine cases. We will pick up on Thursday with why Ginsburg and Sotomayor, liberals on the Court, appear to attack Wessler as well.
The assignment for Thursday 2/15 is to review the Carpenter oral argument. As you listen, try to make a prediction on how the individual Justices will rule, based on the questions they ask and the concerns that they voice.