The ACA Huddle Sept. 23 is dedicated to reviewing cases related to the ARM industry on the SCOTUS calendar and now a discussion on the implications of the nomination and replacement process for Ginsburg.
9/21/2020 10:00
Members of the U.S. Supreme Court, Congress and people around the world are remembering Justice Ruth Bader Ginsburg after she died Friday, Sept. 18, while at the same time the discussion of a replacement nominee and the timing of that approval—before or after the election—started to ramp up.
President Donald Trump has said he will recommend a nominee by the end of the week and confirmed it will be a woman week, The Hill reports, and Senate Majority Leader Mitch McConnell, R-Ky., has said he would move on confirming the nominee, but didn’t comment on the timing of his decision.
Earlier this month, Trump added to his growing list of potential nominees for the U.S. Supreme Court, according to a SCOTUS blog post from reporter Amy Howe.
The list of 20 potential nominees includes federal judges, members of Congress and senior Department of Justice officials.
The Supreme Court’s October term is approaching, and hearings and arguments will be held by phone, according to the SCOTUS blog. The December SCOTUS calendar was also released before Ginsburg’s passing, including cases impacting the accounts receivable management (ARM) industry.
On Wednesday’s ACA Huddle, already planned for a discussion previewing the SCOTUS term and oral arguments in Facebook Inc. v. Duguid, ACA International’s advocacy team and Tara Morrissey, deputy chief counsel at the U.S. Chamber of Commerce Litigation Center, and Jeffrey R. Johnson, a partner at Jones Day’s Issues and Appeals practice, will discuss possible implications of the process to replace Ginsburg and the nominee that is selected for the ARM industry.
Leah Dempsey, ACA’s vice president and senior counsel of federal advocacy, will lead a discussion previewing the oral arguments in the U.S. Supreme Court case, Facebook Inc. v. Duguid, scheduled for Dec. 8, 2020. The case could have a significant impact on defining what is considered an automatic telephone dialing system under the Telephone Consumer Protection Act.
ACA, the U.S. Chamber of Commerce, Business Roundtable, American Bankers Association, American Financial Services Association, Consumer Bankers Association, Edison Electric Institute, Insights Association, Internet Association, Mortgage Bankers Association and National Association of Federally-Insured Credit Unions filed an amici curiae brief Sept. 11 in Facebook Inc. v. Duguid, advocating for legal clarity when using modern methods to communicate with consumers. Read more on the brief here.