Month: July 2020

You'll never guess which 5 justices were in the affirmative in this case and which 4 dissented... unless you've ever listened to our show, in which case you'll easily guess. Andrew discusses this decision and why the popular idea that Roberts is turning more liberal is a misconception. We also talk about the latest in Trump v. Vance and when we might see Trump's tax returns or possibly an indictment!

Links: Trump v. Vance Status Report; Purkey Opinion; OA400: No, John Roberts Is Not Your Friend; Roberts Is The New Swing Justice. That Doesn’t Mean He’s Becoming More Liberal; July 2020 Bar Exam: Jurisdiction Information

On June 15, 2020, the Supreme Court released its decision in the case of United States Forest Service v. Cowpasture River Preservation Association. By a vote of 7-2, the judgment of the U.S. Court of Appeals for the Fourth Circuit was reversed, and the case remanded.
Per Justice Thomas's opinion for the Court: "We granted certiorari in these consolidated cases to decide whether the United States Forest Service has authority under the Mineral Leasing Act, 30 U. S. C. §181 et seq., to grant rights-of-way through lands within national forests traversed by the Appalachian Trail. 588 U. S. ___ (2019). We hold that the Mineral Leasing Act does grant the Forest Service that authority and therefore reverse the judgment of the Court of Appeals for the Fourth Circuit."
Justice Thomas's majority opinion was joined by the Chief Justice and Justices Breyer, Alito, Gorsuch, and Kavanaugh in full, and by Justice Ginsburg as to all but Part III-B-2. Justice Sotomayor dissented, joined by Justice Kagan.
To discuss the case, we have Hon. Paul D. Clement, Partner at Kirkland & Ellis LLP and Stephen A. Vaden, General Counsel at the U.S. Department of Agriculture.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.