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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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