OT 2016: A term in review

Over the next several weeks, I’ll be sharing my thoughts on some of the major cases from this past Supreme Court term. Plus, I’ll be sharing my thoughts on OT 2017–which is shaping up to be one of the most consequential terms in recent memory. This first post provides my 20,000 foot view of this past year.

First, it appears that consensus was the name of the game because the Court was operating with eight Justices for most of the term. Justice Alito noted that because the Court had eight Justices for most of the term, that the Justices had more discussions, compromises, and narrow decisions than they otherwise would. In previous years, the Court’s final day was marked with hot-button issues: abortion, gay marriage, contraception mandates, and Obamacare. But yesterday, OT 2016 fizzled to an end. Trinity Lutheran v. Comer was the “major” case of the term. Yet that case ended up being fairly uncontroversial, with the Court siding 7-2 in favor of the church.

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