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In the morning: One or more #SCOTUS decisions at 10a ET. We don’t know how many or which ones. Among those remaining: Trump taxes, abortion restrictions, ACA contraceptive mandate, public funds & religion, CFPB constitutionality, faithless electors, prosecutions on tribal land.
Altogether, 14 cases (on 12-ish issues, w/ Mazars and Vance on Trump’s taxes and Chifalo and Baca on faithless electors) remain outstanding. More background at @SCOTUSblog: scotusblog.com/statistics/
Outside of the cases themselves, I’ll be interested in seeing how many cases we get in the morning, as well as whether we get a Friday decision day as well. If not, the next decision day would be Monday, along with orders from Thursday’s private conference. #SCOTUS
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Chris Geidner
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Here we are again: In the morning, the Supreme Court is expected to release decisions in one or more of the remaining 15 argued cases.
At 9:30a, #SCOTUS will release orders from its private conference held last Thursday. Then, beginning at 10a, the Court will release one or more decisions in argued cases, in 10-minute increments.
There are 15 argued cases still outstanding. They include five cases from before #SCOTUS shut down for COVID-19 and all 10 arguments conducted over audio in May. We don’t know how many decisions we’ll get Monday, let alone which ones they’ll be.
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Chris Geidner
@chrisgeidner
Barr says Trump has now fired Berman. This, Barr says, is authorized by 241(c). Notably, however, Barr has shifted, and is allowing the Deputy US Attorney to serve as the Acting US Attorney — and not, as per last night’s release, the NJ US Attorney.
541(c). Apologies. // In any event, what remains unclear:
1. If Berman accepts that Trump can fire him.
2. If SDNY D Ct accepts that Trump can fire Berman.
3. If SDNY D Ct accepts that 3345 applies now in permitting Dep US Attorney to become acting, or whether, b/c 546 was ...
... invoked, and 546(c) was already utilized for this vacancy, only the SDNY D Ct is authorized to fill the vacancy. (The 546(d) langauage says “may,” so it seems like the deputy could default to acting BUT that the District Court remains authorized to appoint a new US Atty.)
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Chris Geidner
@chrisgeidner
On the substance of tonight's SDNY move, there seems to be as much confusion as there is potential nefariousness — as is often the case with this administration.
Here's the DOJ press release, which, contrary to some news reports, suggests that Berman is NOT leaving the job immediately — it gives a July 3 date — although a two-week transition for SDNY is still abrupt. justice.gov/opa/pr/attorne…
Given Berman's appointment was through SDNY dist ct under 28 USC 546(d), I believe he'd have to resign in order to be replaced — unless the Senate confirmed a successor.
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