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Orin Kerr @OrinKerr
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If there's a competition for the shortest SCOTUS opinion striking down a law as unconstitutional, I would think Levy v. Louisiana, 391 US 68 (1968) (Douglas, J.), is in the running. Total opinion length in US Reports: about 3.5 pages. Analysis: <2 pages. cdn.loc.gov/service/ll/usr…
This footnote is part of the analysis section, BTW.
For context, here is former Douglas law clerk Stephen Duke describing how Justice Douglas wrote his opinions.
BTW, given the uncertainties about how to classify summary affirmances, short per curiams like Pentagon Papers, GVRs, etc. I'm happy to make the competition about the shortest signed opinion. :)
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4th Circuit: Suspect in custody doesn't have to wait until Miranda rights are read for his assertion of the right to remain silent to have full effect (requiring officers to stop the interrogation, or in this case never to start it). ca4.uscourts.gov/opinions/17423…
As I understand the court's opinion, you can assert your Miranda right as soon as you are in custody, but you don't have to wait until you are given warnings or questioned. (This is a question that students often ask about, so good to have a case to cite to them.)
Also interesting that the 4th Circuit has a five-factor test for when an officer's post-invocation conduct sufficiently honors the assertion of the right. (For those who don't know, "five factor test" mostly means "no test at all"). CA4 right to cabin that inquiry more here.
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I saw the WWI documentary "They Shall Not Grow Old" today. Really enjoyed it. It tells the story of the typical British soldier on the western front in a remarkable way that really brings it to life. (Short thread.)
It's the visual restoration of the footage that draws you in. And indeed, it's remarkable. Brings the people to life. But it's really in aid of the telling of the story, not the focus.
The narrative consists of recordings of veterans of WWI, recorded in the 50s and 60s, telling the story of their wartime experience. They are heard, never seen, while the original footage is shown. There is no narrator, and no onscreen text to introduce themes or battles.
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Here's an interesting example of how courts don't pay enough attention to 4th Amendment cross-enforcement issues: The 3rd Circuit's recent opinion in US v. Osorio, decided 12/20/18. Thread below . . . . www2.ca3.uscourts.gov/opinarch/17313…
Relevant issue in the case: Could municipal officers in Pennsylvania make an arrest on a federal probation warrant? Court says yes, b/c "municipal officers are authorized to execute federal arrest warrants," citing a CA2 and a CA5 case.
But if you look at the two cases, they're precedents saying that *state law* governed whether state officers could execute federal warrants -- based on a reading of US v DiRe and US v. Marsh. In the two states at issue , NY and Florida, state law okay'ed executing fed warrants.
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#SCOTUS, Dec. 10, 2018. Orders at 9:30a, with opinions in one or more argued cases expected at 10a.
#SCOTUS grants one new case this morning: Kisor v. Wilkie (18-15), limited to question 1: "Whether the Court should overrule Auer and
Seminole Rock." (This could be big.)
Here's the cert petition: supremecourt.gov/DocketPDF/18/1… / Response:
Read 14 tweets
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#SCOTUS, Nov. 27, 2018.
It's a one-box day at #SCOTUS. Opinion(s) coming in moments.
First — and only — #SCOTUS decision today is from Chief Justice Roberts in Weyerhaeuser v. US Fish and Wildlife Service, vacating and remanding the 5th Circuit. Decision was unanimous, though Kavanaugh did not particpate.
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#SCOTUS, Nov. 6, 2018.
Five minutes until a one-box day at #SCOTUS (meaning one or two decisions in argued cases).
The only #SCOTUS decision today is a unanimous one in Mount Lemon Fire District v. Guido. Ginsburg writes, affirming the 9th Circuit. Kavanaugh did not participate.
Read 28 tweets
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One of the only big opinions left for #SCOTUS to issue is #Janus, where plaintiffs seek to ban security fees for all public unions.

Unions are widely expected to lose. But pay close attention to HOW they lose. The reasoning the Court uses matters a lot.
Let me explain.

The prior case law on this issue is Abood v. Detroit Board of Education. In that ruling, #SCOTUS said security fees are not compelled speech — as long as they don't fund political activity, and unions keep a firewall between bargaining and political campaigning.
In other words, #SCOTUS said if a union is campaigning for a political candidate, that's compelled speech, and workers not in the union can't be made to pay fees for that purpose — BUT if they're using the money to bargain contracts for workers, that's not speech and is allowed.
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“I’m not gonna do it again,” Trump says of today’s omnibus bill. Trump reiterates his desire to get rid of the filibuster, calls for a line-item veto power, and continues to claim that Democrats don’t want a DACA solution (despite that he ended DACA). pscp.tv/w/bYUxLTI3ODI4…
Note: Here’s the 1998 #SCOTUS decision striking down the line-item veto as unconstitutional: law.cornell.edu/supct/html/97-…
“We’ll be suing certain drug companies for what they’ve done with the opioids,” President Donald Trump says.
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1/ PA Republicans seek emergency stay from J. Alito: "unless this Court intervenes to enforce the distinction within the state between “the Legislature thereof” and the other branches, the Elections Clause will be rendered meaningless." #SCOTUS electionlawblog.org/wp-content/upl…
2/ The basis of the challenge is one of delegation: does the Constitution delegate the map-drawing power to the state legislature (law-making) or the state court (law-interpreting)?
3/ The application expressly relies on Arizona State Legislature, which focused on the "lawmaking" power and "empower[ing] the people" #SCOTUS
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