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18 November 2020 / Athelstane Aamodt
Issue: 7911 / Categories: Features , International justice , Constitutional law
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At sixes & sevens

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Athelstane Aamodt reflects on ‘originalist’ Amy Coney Barrett’s appointment to the US Supreme Court

The recent confirmation of the appointment of Amy Coney Barrett to the Supreme Court of the United States has aroused much controversy. Appointments to the Supreme Court always do, not least because of the great power that the Court possesses, ie it can strike down legislation as being unconstitutional. The view is that the appointment of Barrett gives the court a 6-3 bias in favour of ‘originalists’, judges who interpret the meaning of the US constitution as it would have been understood at the time it was promulgated. This point of view, which is conservative, tends to produce judgments that Republicans approve of, although that is not always the case.

The big fear of Democrats, who are largely pro-choice, is that the decision in the case of Roe v Wade 410 U.S. 113 (1973), which established a woman’s right to abortion, will be overturned. Such is that fear that President-elect Joe Biden has said he would consider the idea of court packing—adding more judges beyond the

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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