The Hidden Ideological Stakes of SCOTUS Patent Case

MICHAEL C. DORF

Cornell law professor Michael C. Dorf describes the ostensibly complex legal issues presented in United States v. Arthrex, Inc., in which the U.S. Supreme Court heard argument earlier this week, and explains how those issues reflect an ideological divide as to other, more accessible matters. Professor Dorf argues that although many conservatives would like to dismantle the modern administrative state, our complex modern society all but requires these government agencies, so conservatives instead seek to make them politically accountable through a Senate-confirmed officer answerable to the president, furthering the so-called unitary-executive theory of Article II.

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In re Durnin

Docket: 21-0170

Opinion Date: March 2, 2021

Judge: Blacklock

Areas of Law: Election Law

The Supreme Court conditionally granted a petition for writ of mandamus and directed the Austin City Council to delete the word "anyone" from a proposed ordinance before placing it on the ballot, holding that Relators clearly established their entitlement to mandamus relief in one respect. The council's ballot language said the proposed ordinance created a criminal offense and penalty for anyone sitting or lying down on a public sidewalk or sleeping outdoors in or near downtown and for anyone camping in a public area not designated by the Parks and Recreation Department. The ordinance, however, did not apply "to anyone" who engaged in the enumerated activities but, rather, only a subset of those who engaged in the covered behavior could be penalized under the ordinance. The Supreme Court conditionally granted in part the petition for writ of mandamus, holding that the word "anyone" in the ballot language threatened to mislead the voters.