By a 5–4 vote, the Supreme Court just lifted an order that had required the Orange County Jail to implement safety measures to curb its COVID-19 outbreak. All four liberals dissent. Read it: supremecourt.gov/opinions/19pdf…
In dissent, Sotomayor points out that the Orange County Jail "misrepresented under oath to the District
Court the measures it was taking to combat the virus'
spread," falsely claiming it had implemented safety measures that "it now decries as vexatious judicial micromanagement."
Court the measures it was taking to combat the virus'
spread," falsely claiming it had implemented safety measures that "it now decries as vexatious judicial micromanagement."
SCOTUS' five conservatives have quietly changed the rules regarding these emergency stays, but haven't explained why. Among other things, they've decided that they always understand the facts better than the district court, which is a radical shift.
I know this is boring, but the Supreme Court is not supposed to jump in every time a lower court issues a decision that five justices don't like. After Kavanaugh replaced Kennedy, though, the five conservatives got REALLY aggressive about micromanaging lower courts.
Maybe I'm cynical, but I think Chief Justice Roberts knows the public doesn't pay nearly as much attention to these emergency orders—which increasingly come in the late afternoon, evening, or even dead of night—so he can go hard-right without worrying about too much backlash.
But I think these 5–4 emergency orders are a bad look. In argued cases, the justices explain their rulings in written opinions. But now the five conservatives are issuing these momentous unsigned orders with literally no explanation! It just looks like an exercise in raw power.
