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The Gay Marriage Cases: A Preview of the Supreme Court Oral Argument

Federalism & Separation of Powers Practice Group Teleforum Monday, April 27, 01:00 PMFederalist Society Teleforum Conference Call

On January 16, 2015, the Supreme Court granted cert in four same-sex marriage cases from the Sixth Circuit (one case from each of four states of the circuit, -- Ohio, Michigan, Tennessee, Kentucky). The questions presented in the cases are: whether the Fourteenth Amendment "require[s]" a "state to issue a marriage license to two people of the same sex", and/or "to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed" in another state or jurisdiction. This Teleforum will preview the strongest and weakest points of argument for each side in the case.

  • Prof. Gerard V. Bradley, University of Notre Dame Law School
  • Prof. Ilya Somin, George Mason University School of Law

The Gay Marriage Cases: A Recap of the Supreme Court Oral Argument

Federalism & Separation of Powers Practice Group Courthouse Steps Teleforum Tuesday, April 28, 02:00 PMFederalist Society Teleforum Conference Call

The long-anticipated gay marriage cases have now been argued in the Supreme Court. The questions presented are: whether the Fourteenth Amendment "require[s]" a "state to issue a marriage license to two people of the same sex", and/or "to recognize amarriage between two people of the same sex when their marriage was lawfully licensed and performed" in another state or jurisdiction. Join a special Courthouse Steps edition of Teleforum as we discuss the oral argument: Which advocate seemed to fair best? Who fielded the most difficult questions? Which justices seemed most skeptical of which side of the argument? What are the possible outcomes of the case, and what are the implications of those possible outcomes?

  • Dr. John C. Eastman, Henry Salvatori Professor of Law & Community Service, Chapman University School of Law

Supreme Court to Consider Oklahoma Execution Method

Criminal Law & Procedure Practice Group Courthouse Steps Teleforum Thursday, April 30, 02:00 PMFederalist Society Teleforum Conference Call

On Wednesday, April 29, the Supreme Court will hear oral arguments in Glossip v. Gross. The case turns on the efficacy of the first drug in Oklahoma’s three-drug execution protocol, the subject of controversy after a highly publicized botched execution last year; critics claim that this drug is unable to reliably produce the deep, coma-like unconsciousness necessary to avoid the pain and suffering that can result from the administration of the second and third drugs, and that the protocol violates the Eighth Amendment because of this. Oral arguments are expected to be revealing as to whether the court will focus narrowly on the specific execution method in question or range more broadly over important constitutional issues related to the death penalty.

  • Kent S. Scheidegger, Legal Director & General Counsel, Criminal Justice Legal Foundation

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