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At sixes & sevens

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

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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