June 29, 2015

Partner Michael A. Scodro appeared on Chicago Tonight to discuss the US Supreme Court’s recent term.  Titled “Former Supreme Court Clerks on Gay Marriage Ruling,” the episode featured Mr. Scodro’s insight on a range of topics including last weeks’ groundbreaking decision that legalized same-sex marriage and this week’s decision that upheld a controversial form of capital punishment.  A clerk to former Justice Sandra Day O’Connor from 1998-99, Mr. Scodro explained that it is “premature” to say that Chief Justice Roberts – who voted in favor of a provision of the Affordable Care Act but against same-sex marriage -- is moving toward the center.  “Like all justices, I think the chief justice has particular issues where I think he may fall into more of what’s considered a traditional left or right,”  Mr. Scodro said.  Mr. Scodro called the legal injection case “very important,” particularly because dissenters Justices Breyer and Ginsburg seemed to question the constitutionality of capital punishment under the Eighth Amendment.  Regarding the 5-4 decision legalizing gay marriage, Mr. Scodro observed that there was no reasonable expectation of a unanimous vote.  Indeed, he noted, the four dissenters themselves had separate dissents.