October brings a new Supreme Court term, but October 2020 has not brought only a new term but also a new justice — the third new justice to join the high court in less than four years. On this bonus episode of the ABA Banking Journal Podcast, veteran Supreme Court litigators Sarah Harris, Amy Mason Saharia and Ryan Scarborough join ABA General Counsel Dawn Causey and ABA’s in-house legal team to discuss:
- How business-friendly different justices — including new Justice Amy Coney Barrett — have been and how their distinct legal philosophies affect their decisions on business matters.
- How Chief Justice John Roberts’ role as a centrist on the court might be affected by Justice Barrett’s appointment.
- Key cases the banking industry is watching in the coming term, including cases on the Federal Trade Commission’s restitution authority; Collins v. Mnuchin, which is challenging the Federal Housing Finance Agency’s single-director structure; and Facebook v. Duguid, which covers Telephone Consumer Protection Act issues.
Click here for an extended version of this episode, which covers Supreme Court arguments in the era of COVID-19, thoughts on the importance of amicus briefs, court traditions around new justices and memories of the late Justice Ruth Bader Ginsburg.