Alito is delivering the keynote speech at this year’s Federalist Society convention. He’s using the occasion to defend the group, claiming its members face “harassment and retaliation for saying anything that departs from the law school orthodoxy.”
Alito attacks the Judicial Conference for attempting to forbid federal judges from being members of the Federalist Society, and praises the conservative judges who successfully fought the ban.
UHHH, Alito seems to be criticizing governors for issuing “sweeping restrictions” in response to COVID-19. Also criticizes progressives and New Dealers for putting too much faith in scientists and experts.
Alito says this rule by executive fiat is “where the law has been going for some time—in the direction of government by executive officials who are thought to implement policies by scientific expertise.” Suggests this is a dangerous trend.
Whoa, Alito is VERY critical of COVID restrictions and “rule by experts.”
Then he says: “in certain corners, religious liberty is fast becoming a disfavored right.”
He condemns “the protracted campaign against the Little Sisters of the Poor.” Calls it an “unrelenting attack.”
Alito now condemns Washington State for requiring pharmacies to carry Plan B, “which destroys an embryo after fertilization.”
He also criticizes the Colorado civil rights commissioner in Masterpiece Cakeshop who said “freedom of religion” can be used for discrimination.
Alito criticizes Harvard Law Prof. Mark Tushnet for this notorious blog post, and quotes from it extensively. Says “it’s not dark yet but it’s getting there,” quoting Bob Dylan. balkin.blogspot.com/2016/05/abando…
Now Alito is criticizing the Nevada governor for giving casinos a higher COVID attendance cap than churches.
He moves onto criticizing the federal judge who suspended the rule that required people to pick up abortion pills in person.
Yikes. Alito condemns Obergefell, the same-sex marriage decision, and says it has led to censorship of people who believe marriage is “a union of one man and one woman.” Says freedom of speech is “falling out of favor in some circles.”
Alito brings up a brief filed with the Supreme Court by five Democratic senators in a gun case warning that the court is becoming too political. He calls the brief “an affront to the Constitution and the rule of law.” whitehouse.senate.gov/imo/media/doc/…
Without saying the words “court-packing,” Alito warns about Democratic efforts to “bully” the court with threats to “restructure” it. Tells a story about a foreign judge threatened with death if he didn’t rule for the government.
Alito is done.
That was easily the most political speech I’ve ever seen delivered by a Supreme Court justice. Wow. Same-sex marriage, guns, abortion, contraception, persecution of the Federalist Society ... he really squeezed it all in there. Yikes.
Probably the strangest aspect of Alito’s speech, other than his attack on COVID restrictions, was his claim that people who oppose same-sex marriage get called “bigots” and this somehow threatens freedom of speech. But how?! Public criticism is not censorship! He knows this!
Here is Justice Alito complaining that the Supreme Court’s same-sex marriage decision has crushed the free speech of anti-LGBTQ advocates.
And here is Justice Alito defending Masterpiece Cakeshop’s Jacks Phillips for refusing to bake a cake for a same-sex couple. Alito notes that the couple was offered a free cake elsewhere, then supported by “celebrity chefs.”
The Supreme Court also sends NINE Chevron cases back down to the lower courts for reconsideration in light of Loper Bright. The disruption officially begins: supremecourt.gov/orders/courtor…
The Supreme Court vacates an 8th Circuit decision that had granted North Dakota lawmakers a "legislative privilege" from discovery in an important Native redistricting case, agreeing with the plaintiffs that the dispute has become moot. (KBJ dissents.) supremecourt.gov/orders/courtor…
🚨The Supreme Court rules that President Trump has "absolute immunity" from criminal prosecution for all "official acts" he took while in office. The vote is 6–3 with all three liberals dissenting. supremecourt.gov/opinions/23pdf…
Sotomayor, dissenting: Today's decision shields presidents from prosecution "for criminal and treasonous acts" and "makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law." supremecourt.gov/opinions/23pdf…
The Supreme Court's second decision is NetChoice. Justice Kagan's complicated opinion for the court remands both cases to the appeals courts for the proper analysis of a First Amendment facial challenge, which, she says, they flunked the first time. supremecourt.gov/opinions/23pdf…
HOWEVER: Kagan's opinion for the court holds that content moderation IS "expressively activity" and that social media platforms ARE protected by the First Amendment, no matter their size, from state intrusion. That's a major holding. supremecourt.gov/opinions/23pdf…
Kagan says social media platforms engage in protected speech when moderating content posted by third parties, and Texas' alleged interest in interfering with that practice amounts to the "suppression of free expression, and it is not valid" under the First Amendment.
The Supreme Court's first decision is Corner Post. By a 6–3 vote, the majority allows plaintiffs to challenge an agency action LONG after it has been finalized. All three liberals dissent. supremecourt.gov/opinions/23pdf…
This article explains why today's outcome in Corner Post will be so destabilizing to the administrative state—it means that agency actions are never really safe from legal assault, even decades after they're finalized. It's a really big deal. americanprogress.org/article/corner…
In her dissent, Justice Jackson urges Congress to enact a new law to "forestall the coming chaos" created by today's decision, reimposing the statute of limitations that had, until now, prevented new plaintiffs from endlessly challenging regulations. supremecourt.gov/opinions/23pdf…
🚨The Supreme Court overrules Chevron deference, wiping out 40 years of precedent that required federal courts to defer to expert opinions of federal agencies. All three liberals dissent. This is a HUGE decision. supremecourt.gov/opinions/23pdf…
The Supreme Court's reversal of Chevron constitutes a major transfer of power from the executive branch to the judiciary, stripping federal agencies of significant discretion to interpret and enforce ambiguous regulations. Hard to overstate the impact of this seismic shift.
Today's ruling is a massive blow to the "administrative state," the collection of federal agencies that enforce laws involving the environment, food and drug safety, workers' rights, education, civil liberties, energy policy—the list is nearly endless. supremecourt.gov/opinions/23pdf…
The Supreme Court's first decision is Grants Pass. By a 6–3 vote, the court holds that penalizing homeless people for sleeping outside when there is no available shelter does NOT violate the 8th Amendment. All three liberals dissent. supremecourt.gov/opinions/23pdf…
The Supreme Court's decision in Grants Pass wipes out significant precedent in the 9th Circuit that had protected homeless people from punishment when they slept outside due to lack of shelter. Per Gorsuch, the court holds that penalizing such people is not "cruel and unusual."
In dissent, Sotomayor says punishing people who sleep outside for lack of other options—through both civil penalties and jail time—is "unconscionable and unconstitutional," and faults the majority for spurning the "humanity and dignity of homeless people." supremecourt.gov/opinions/23pdf…