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Chris Geidner
@chrisgeidner
, 7 tweets, 3 min read Read on Twitter
No new grants from #SCOTUS this morning.
Here’s the full #SCOTUS orders list, which does contain several notable writings at the end: supremecourt.gov/orders/courtor…
Three writings from conservatives in cases where they couldn’t quite get the votes (for cert or otherwise(check out that vote in Myers):
And one from Sotomayor on her continued opposition to the current court’s “alternative method” requirement in challenges to a method of execution:
Opinion(s) coming next, then I'll get back to those writings.
In Apple Inc v. Pepper, Kavanaugh joins the more liberal justices in writing a 5-4 decision siding with consumers challenging Apple and affirming the 9th Circuit. supremecourt.gov/opinions/18pdf…
Here are the other two decisions, the second of which is big news on how the new, conservative majority views precedent (and when the court should overturn it): supremecourt.gov/opinions/18pdf… / supremecourt.gov/opinions/18pdf…
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More from @chrisgeidner see all

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Chris Geidner
@chrisgeidner
BREAKING: DOJ's Office of Legal Counsel concludes that the FDA lacks jurisdiction to regulate drugs used in executions — justice.gov/olc/opinion/fi… — a move that could allow states to try importing hard-to-get drugs from shady foreign suppliers. (h/t @washingtonpost)
This is a longstanding fight, and, shocker, Texas has been pushing the federal government to let it import such drugs. I'm reading the OLC opinion now.
Here's the now-slightly-expanded Post story: washingtonpost.com/national/healt…
Read 6 tweets
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Chris Geidner
@chrisgeidner
#DearMeTenYearsAgo, you’re in for a helluva ride over this next decade. You’re unemployed right now, you’re drinking way too much, and you’re a month away from just outright stopping paying your mortgage. ... But, you’re going to keep going. And it truly is going to get better.
More than better, you’re in for a life beyond your imagining. You’re going to have a front row seat to history, several times over. You’re going to interview the president and cover the Supreme Court. You’re going to win awards and meet and work with such remarkable people.
Then, near the end of that decade, you’re going to change things up again — because you can’t imagine not taking an opportunity you’ll be given to work with another incredible group of people who are working to fix the criminal legal system.
Read 10 tweets
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Chris Geidner
@chrisgeidner
Omg. This is absolutely true. Would she have been a judge, perhaps?!?! An out-of-town lawyer?
Most likely a client. An old friend of Diane’s who calls her late one night from a hotel room in Chicago. She got stuck there on a layover. She met the guy on an app for wealthy women looking for companionship. Now he’s dead in the room. But she didn’t do it. “Diane, help me.”
Tell me I’m wrong.
Read 3 tweets

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Josh Blackman
@JoshMBlackman
1/ #scotus vacatea stay of execution in Alabama. J. Breyer dissents with another peek behind the red curtains: he wanted a delay till conference. The other 5 declined to wait. supremecourt.gov/orders/courtor…
2/ I do not recall any indication that death penalty stay applications are discussed at conference. By chance there is an upcoming conference. But over the summer, the court goes months without one. Is this a routine approach?
3/ J. Breyer may be trying to lay down a marker for the future: discuss death penalty cases at conference before deciding. In this case, the state already called off execution so the Court could have waited.
Read 8 tweets
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Steve Vladeck
@steve_vladeck
Thursday's #SCOTUS stay in the LA abortion case was already (likely) the _fourth_ time in three months that Chief Justice Roberts broke from his conservative colleagues and joined the more progressive Justices on a stay application.

A short #thread on why this is worth watching:
The first two were on the same day, November 2, 2018.

In the census litigation, the Court denied the Justice Department's application for a stay over noted dissents from Justices Thomas, Alito, and Gorsuch:

supremecourt.gov/orders/courtor…
And in the Juliana climate change case, the Court also denied an application for a stay from the Solicitor General, this time with Justices Thomas and Gorsuch noting that they would have granted the application:

supremecourt.gov/orders/courtor…
Read 9 tweets
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Zoe Tillman
@ZoeTillman
The Judicial Conference, the policymaking body for the federal courts, today released a set of proposed changes to the Code of Conduct and the Rules for Judicial Conduct/Disability Proceedings: uscourts.gov/rules-policies…
The proposed changes include new sections expanding definitions of misconduct, and making clear that if a judge sees what is clearly misconduct and doesn't report it, that is itself misconduct
The Judicial Conference's meeting is not open to the public. DC Circuit Chief Judge Merrick Garland, as chair of the conference's Executive Committee, briefed reporters after today's meeting. He said the judges heard from AG Sessions and Reps. Goodlatte, Issa, and Johnson
Read 6 tweets
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Zoe Tillman
@ZoeTillman
New from Grassley's office this a.m.: They're using a custom questionnaire for #SCOTUS nominee Brett Kavanaugh. The section on his writings now specifies that it includes anything he's written on the internet under a pseudonym or anonymously 🙌 assets.documentcloud.org/documents/4599…
Internet writings under pseudonyms have come up as issues for a few of Trump's judicial nominees. See: buzzfeed.com/zoetillman/a-t… and buzzfeed.com/zoetillman/one…
The custom questionnaire for Kavanaugh also includes specific references to his work in the independent counsel's office and on the 2000 presidential election/Florida recount
Read 3 tweets
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Brad Heath
@bradheath
#SCOTUS, 5-4, has rejected challenges to President Trump's revised travel ban.
supremecourt.gov/opinions/17pdf…
Along the way, #SCOTUS appears to overrule Korematsu, the decision that upheld the internment of Japanese Americans during World War II. "Korematsu was gravely wrong the day it was decided."
Justice Kennedy writes separately: "An anxious world must know that our Government remains committed always to the liberties the Constitution seeks to preserve and protect, so that freedom extends outward, and lasts."
Read 4 tweets
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Josh Blackman
@JoshMBlackman
J. Thomas dissents from denial of cert in Silvester v. Becerra, which "California’s 10-day waiting period for firearms." CT writes "the Second Amendment is a disfavored right in this Court."
supremecourt.gov/orders/courtor…
J. Thomas made a similar point in a Dec. 2015 dissent-from-denial of cert. nationalreview.com/2015/12/second… There, J. Scalia joined him. Here, J. Thomas writes alone.
J. Thomas also praises Judges Batchelder (CA6), Elrod (CA5), and Kavanaugh (CADC) who disagree that 2nd Amendment claims should be evaluated under intermediate scrutiny.
Read 9 tweets

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