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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United States v. Wortham

Dockets: 19-3334, 19-3431

Opinion Date: March 3, 2021

Judge: Arnold

Areas of Law: Criminal Law

The Eighth Circuit affirmed Defendants Wortham and Williams' conviction for carjacking, distributing PCP, and possessing a short-barreled shotgun in furtherance of those offenses. The court concluded that defendants waived any arguments they may have had regarding the jury instructions. In this case, they and the government jointly proposed the instruction at issue and the district court did not modify the part of the instruction that defendants now complain about. The court also concluded that the evidence was sufficient to support Wortham's convictions for aiding and abetting carjacking and distributing PCP.