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Time for another opinion day! At 10 a.m., the court is scheduled to release one or more opinions in the five cases that still remain to be decided in the 2019-20 term. Follow our live-blog starting at 9:20 for all the info: scotusblog.com
In the cases still pending, the court will decide the following:
- Whether investigators can obtain Trump's financial documents.
- Whether it was legal for the Trump administration to allow more employers to avoid complying with Obamacare's requirement to cover contraception.
- Whether certain employees of religious employers have the right to bring employment-discrimination claims.
- Whether the eastern half of Oklahoma is a Native American reservation due to historical congressional inaction.
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#SCOTUS rules 5-4 that Oklahoma did not have jurisdiction to prosecute a major crime involving an Indian within the historical boundaries of the Creek Indian reservation in eastern Oklahoma
Here is the 5-4 opinion from Justice Gorsuch in McGirt v. Oklahoma. Roberts dissented joined by Kavanaugh, Alito, and Thomas. supremecourt.gov/opinions/19pdf…
The court holds that, because Congress failed to formally undo the Muscogee (Creek) Nation's 19th century reservation, the land in eastern Oklahoma remains a Native American reservation for purposes of federal criminal law.
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Today's pair of decisions on religious employers will have broad consequences for workers. According to some estimates, the ruling in Our Lady of Guadalupe means that hundreds of thousands of employees of religious institutions will lose employment-discrimination protections.
And the ruling in Little Sisters of the Poor could mean that between 70,000 and 126,000 women will lose access to free coverage of contraceptives in their employee health plans. That's the government's own estimate of how many people are affected by the expanded exemptions.
The decisions are a big win for businesses with conscientious objections to the ACA contraceptive mandate like Little Sisters & "many other religious objectors who have participated in the litigation" whose employees still have the ability to get coverage from alternative sources
Read 6 tweets
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#SCOTUS rules 5-4 that Montana’s exclusion of religious schools from state scholarship program funded by tax credits violates federal Constitution
Here is the 5-4 opinion from Chief Justice Roberts in Espinoza v. Montana Department of Revenue with separate dissents from Ginsburg, Breyer, and Sotomayor supremecourt.gov/opinions/19pdf…
Roberts' majority opinion in Espinoza hinges on a provision of the Montana constitution that bars state money from going to religious schools. Roberts says that provision, as applied here, violates the free exercise clause of the U.S. constitution.
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