Shorthanded U.S. Supreme Court kicks off new term amid drama
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[October 05, 2020]
By Lawrence Hurley
WASHINGTON (Reuters) - The U.S. Supreme
Court returns to work on Monday for the first time since liberal Justice
Ruth Bader Ginsburg's death, opening its new term as Senate Republicans
seek to quickly confirm President Donald Trump's conservative nominee to
replace her.
With eight justices rather than the usual nine, the court is set to hear
two arguments on Monday, starting a term that runs through next June and
includes several major cases including one that will decide the fate of
the Obamacare healthcare law. Its last term ended in July.
At least at the outset of the term, the cases are being argued as they
were at the end of the last term by teleconference because of the
coronavirus pandemic.
Ginsburg died on Sept. 18 at age 87. Trump on Sept. 26 nominated federal
appeals court judge Amy Coney Barrett to replace her, and asked the
Republican-led Senate to confirm her by the Nov. 3 U.S. election. If
confirmed, Barrett would give the court a 6-3 conservative majority.

The first case of the new term centers on a system used by the state of
Delaware that requires some of its courts to be ideologically balanced.
The justices are hearing the state's appeal defending its law, which
requires that no more than half of the judges on certain benches can be
affiliated with one political party.
The second case is a dispute between Texas and New Mexico over rights to
the waters of the Pecos River that runs through both states.
On Wednesday, the justices weigh a multibillion-dollar software
copyright dispute between Alphabet Inc's Google and Oracle Corp. The
case involves Oracle's accusation that Google infringed its software
copyrights to build the Android operating system used in smartphones.
Two big cases are scheduled for November.
On Nov. 10, a week after Election Day, the court is due to hear
arguments in a case in which a group of Democratic-led states including
California and New York are striving to preserve the 2010 Affordable
Care Act, better known as Obamacare. Republican-led states and Trump's
administration are waging a court battle to strike down Obamcare.
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Clouds form over the U.S. Supreme Court in Washington, U.S.
September 29, 2020. REUTERS/Erin Scott

Obamacare has helped roughly 20 million Americans obtain medical
insurance either through government programs or through policies
from private insurers made available in Obamacare marketplaces. It
also bars insurers from refusing to cover people with pre-existing
medical conditions. Republican opponents have called the law an
unwarranted intervention by government in health insurance markets.
The Supreme Court previously upheld it 5-4 in a 2012 ruling in which
conservative Chief Justice Roberts cast the crucial vote. It
rejected another challenge 6-3 in 2015. Ginsburg was in the majority
both times. Barrett has criticized both rulings.
The court hears another major case on Nov. 4 concerning the scope of
religious-rights exemptions to certain federal laws. The dispute
arose from Philadelphia's decision to bar a local Roman Catholic
entity from participating in the Democratic-governed city's
foster-care program because the organization prohibits same-sex
couples from serving as foster parents.
The justices already have tackled multiple election-related
emergency requests this year, some involving rules changes prompted
by the pandemic. More are likely. The conservative majority has
sided with state officials opposed to courts imposing changes to
election procedures to make it easier to vote during the pandemic.

Trump has said he wants Barrett to be confirmed before Election Day
so she could cast a decisive vote in any election-related dispute,
potentially in his favor. He has said he expects the Supreme Court
to decide the outcome of the election, though it has done so only
once - the disputed 2000 contest ultimately awarded to Republican
George W. Bush.
(Reporting by Lawrence Hurley; Editing by Will Dunham)
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