On Obamacare conference call, Calif AG Becerra says that while his state is ready to seek immediate Supreme Court review of yesterday's ruling, he'll need to consult with other states that are involved.
Becerra on the likelihood of going straight to Scotus: "I think most of us believe that we have to address this uncertainty as quickly as possible. … I can speak for California that we believe it's imperative to act swiftly."
North Carolina AG Stein: "I can't think of a reason why we wouldn’t want to seek cert, but we need to deliberate."
Becerra says states might ask Scotus to hear the case this term. That would an extraordinary amount of expedition in the briefing. The court normally issues its last grants for the current term in mid-January.
Michigan AG Nessel casts doubt on hopes that Scotus would agree to take up an immediate appeal: "I do think that it is more likely that they will allow the case to go back down to the district court."
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Apologies, but I'm going to go on a late-Friday rant about lack of precision in discussing the Supreme Court's shadow/emergency docket. I'm frequently seeing people misdescribe what the court is being asked to do when applications are filed. 1/x
The majority of emergency applications don't ask the court to "hear" or take up" an appeal. They seek to stop something from happening -- or let it happen -- while litigation goes forward. The court is not being asked to rule on the merits. 2/x
Pending emergency applications include Sen. Graham's bid for a stay/injunction to avoid (for now) giving grand jury testimony and Kelli Ward's bid for a stay/injunction to keep (for now) her phone records from away from the Jan. 6 panel. Neither asks Scotus to hear an appeal. 3/x
NEW: 5-4 Supreme Court rejects Yeshiva University, clearing the way for recognition of LGBTQ group. Majority says Yeshiva can try again on its religious-rights claim after case has gone through NY courts. Alito, Thomas, Gorsuch, Barrett dissent.
BREAKING: Supreme Court rules for high school football coach who lost his job after repeatedly praying on 50-yard line after games. Vote is 6-3.
Second opinion is Concepcion. Court sides with defendant on reducing crack sentences under First Step Act. Unusual majority with Thomas, Gorsuch joining liberals. More coming.
The First Step Act ruling is Sotomayor's second in the January sitting, suggesting she might have taken the majority away from Kavanaugh, who wrote the dissent and doesn't have a majority opinion that sitting.
Roberts' authorship of this opinion suggests (but does not guarantee) that he is NOT writing the abortion decision. Otherwise, he would have two majority opinions from the December sitting and some other justice would have none.
Mind you, that kind of thing seems to be happening w/ the November sitting, where Gorsuch has already written two opinions (incl Texas abortion) and neither Thomas nor Barrett has issued one.
Possible explanations for Nov: (1) Thomas orig had abortion opinion and was going to dismiss whole suit but Gorsuch persuaded others to leave open appearance of a small window. (2) Someone had opinion in DOJ Texas abortion case but court for some reason opted not to issue it.
Amy Coney Barrett argues Supreme Court isn't driven by politics, after being introduced by Mitch McConnell at at event celebrating the anniversary of the McConnell Center. courier-journal.com/story/news/pol…
“My goal today is to convince you that this court is not comprised of a bunch of partisan hacks.”
Flashback: In 2020, Justice Kavanaugh also appeared alongside Mitch McConnell. That was for the swearing in of Justin Walker (Kavanaugh's former clerk and McConnell's protege) as a federal judge. wdrb.com/news/mitch-mcc…
NEW - Abortion providers make emergency request to Supreme Court, asking them to block Texas's 6-week ban before it takes effect Wednesday.
Abortion-rights advocates say the measure would bar care for at least 85% of patients and would force many clinics to close. Law lets private citizens sue to enforce.
5th Circuit effectively blocked pre-enforcement challenge.