Jason P. Steed Profile picture
English prof ('01-'06), student @UTexasLaw ('06-'09), appellate lawyer ('09-‘23), visiting law prof @UKCollegeofLaw ('23-present) • he/him • all the disclaimers

Jun 30, 2022, 39 tweets

Today marks the end of what is surely one of the worst terms in #SCOTUS history. Guns and prayer and abortion got most of the attention. But that's not all the Court did. Here are just some of the Court's bad decisions:
1/25

Rivas-Villegas -- SCOTUS reversed the lower court to give a cop qualified immunity for using excessive force
2/25

Tahlequah v. Bond -- SCOTUS reversed the lower court to give a cop qualified immunity for killing a man
3/25

Shoop v. Twyford -- SCOTUS made it harder to get habeas relief
4/25

Brown v. Davenport -- SCOTUS made it harder to get habeas relief
5/25

Shinn v. Ramirez -- SCOTUS made it harder to get habeas relief
6/25

Zubaydah -- SCOTUS allowed the Govt to withhold information about torture on CIA black sites
7/25

Vaello-Madero -- SCOTUS denied SS benefits to residents of Puerto Rico
8/25

Cummings -- SCOTUS disallowed recovery for emotional-distress damages in civil rights lawsuits
9/25

Patel -- SCOTUS stripped federal courts of jurisdiction to review fact issues in immigration proceedings
10/25

Biden v. Missouri -- SCOTUS blocked a federal vaccine mandate
11/25

Garland v. Gonzalez -- SCOTUS denied long-detained immigrants' access to a bond hearing
12/25

Johnson v. Arteaga-Martinez -- SCOTUS denied long-detained immigrants' access to a bond hearing
13/25

FEC v. Ted Cruz -- SCOTUS struck down campaign finance restrictions to enable Ted Cruz to pay himself back for loans he made to his own campaign
14/25

Egbert v. Boule -- SCOTUS further limited a person's ability to sue federal officers (Bivens actions)
15/25

Vega v. Tekah -- SCOTUS weakened enforcement of Miranda rights
16/25

Carson v. Makin -- SCOTUS undermined the Establishment Clause, forcing states to fund private religious schools
17/25

Kennedy v. Bremerton Sch. Dist. -- SCOTUS undermined the Establishment Clause, allowing football coach to have public/publicized Christian prayers at football games
18/25

Denezpi -- SCOTUS recognized tribal sovereignty just enough to allow an Indian defendant to be prosecuted twice for the same crime (no double jeopardy), then...
19/25

Castro-Huerta -- SCOTUS undermined tribal sovereignty by making tribal land "part of state" and allowing state to exercise jurisdiction on tribal land
20/25

Bruen -- SCOTUS struck down NY's 100yo restriction on concealed carry to expand 2A and limit gun restrictions
21/25

U.S. v. Texas -- SCOTUS allowed Texas's "bounty hunter" antiabortion law to go into effect
22/25

Dobbs -- SCOTUS overruled Roe & Casey, eliminating the federal right to abortion and enabling severe (life-threatening) restrictions on abortion to go into effect
23/25

West Virginia v. EPA -- SCOTUS undermined the EPA's ability to regulate emissions and fight global warming
24/25

And it must be noted that this isn't everything. SCOTUS also did things on the shadow docket -- like allow Louisiana's racial gerrymander to stay in effect for the 2022 election, etc.

Just a terrible, terrible, terrible term.
25/25

Going to go ahead and add onto this thread that there were a handful of positive decisions. They were mostly minor -- but (thankfully) there were a couple big wins.
1/14

Hemphill -- SCOTUS strengthened the 6A right to confront witnesses
2/14

Thompson v. Clark -- SCOTUS made it slightly easier to pursue a claim for malicious prosecution
3/14

Ramirez v. Collier -- SCOTUS protected the religious rights of a death-row inmate
4/14

Taylor -- SCOTUS declined to enhance the punishment for certain crimes
5/14

Concepcion -- SCOTUS gave district courts more discretion to reduce criminal sentences
6/14

Ysleta del Sur Pueblo -- SCOTUS prevented Texas from trying to regulate gaming on tribal land
7/14

Morgan v. Sundance -- SCOTUS prevented courts from making up procedural rules that favor arbitration
8/14

Golan v. Saada -- SCOTUS gave district courts more discretion to resolve international child-custody disputes
9/14

Saxon -- SCOTUS ruled in favor of certain workers trying to avoid arbitration
10/14

Kemp -- SCOTUS broadened a procedural mechanism for challenging erroneous judgments
11/14

Nance v. Ward -- SCOTUS recognized a procedural mechanism for challenging method of execution
12/14

Biden v. Texas -- SCOTUS ruled that the Biden Admin could rescind the Trump Admin's "remain in Mexico" asylum policy
13/14

Torres -- SCOTUS allowed veterans to sue state-agency employers (denied the state's sovereign immunity)
14/14

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