On August 27, 2020, Professors Brian Murchison and Joan Shaughnessy joined Roanoke litigator Jay O’Keeffe in reviewing notable cases of the 2019 Supreme Court Term at a meeting of the Roanoke Chapter of the Federal Bar Association.
Mr. O’Keeffe, a partner at Johnson, Rosen and O’Keeffe and publisher of DeNovo: A Virginia Appellate Law Blog, provided a lively overview of the 2019 Term, including voting patterns and alliances, the two-minute rule, and telephonic oral arguments, and discussed Bostock v. Clayton County, 140 S.Ct. 1731 (2020).
Professor Murchison discussed three cases involving the separation of powers: Seila Law v. Consumer Financial Protection Board (striking down restrictions on presidential power to remove the Director of the CFPB), Trump v. Vance (rejecting President’s claim that Article II and Supremacy Clause give a sitting president absolute immunity from state criminal subpoena), and Trump v. Mazars USA (adopting separation of powers framework for executive-legislative clash over legislative subpoena opposed by President).
Prof. Shaughnessy, who holds the Roger D. Groot Chair, previewed two personal jurisdiction cases delayed from last Term due to the pandemic: Ford Motor Company v. Bandemer consolidated with Ford Motor Company v. Montana Eighth Judicial District Court. These involve the “arise out of or relate to” requirement and whether specific personal jurisdiction is proper even if the defendant’s forum contacts did not cause the plaintiff’s claims.