Case Majority

Choose one case and write the opinion that you think the Court should issue to dispose of the case.
Writing your opinion, assume that a majority of the Court agreed at Conference with your view of the case, and
that you have been assigned the job of drafting the majority Opinion. Your draft will be circulated to the other
members of the Court and will become the Court’s Opinion if a majority of the Justices agree with it.
The Supreme Court heard oral argument on March 22 in Cedar Point Nursery v. Hassid, a case concerning
whether a California statute authorizing union organizers to enter a private company’s property without the
company’s permission violates the 5th and 14th Amendments. It is a potentially important case regarding
constitutional protection for property rights. The 9th Circuit’s opinion is Nursery v. Shiro, 923 F.3d 524 (9th Cir.
2019). Read the 9th Circuit opinion and listen to and or read the oral argument, which is on the Supreme
Court’s website. The case is of interest, not only because of the importance of the issues, but also because it is
one of the cases in which the Biden administration has disavowed the position taken in an amicus brief filed
before argument by the Trump administration on January 7. Read the amicus brief and the Acting Solicitor
General’s disavowal letter. Both can be found in Scotusblog’s entry for the case in its list of March oral

Sample Solution