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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

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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