Good morning! At 10 a.m., the Supreme Court will issue opinion(s). SCOTUS scheduled this opinion day rather abruptly just yesterday. We have good reason to suspect it will do *something* in the census case given the tight timeline, but we'll find out soon enough.
Yesterday, SCOTUS declined to block a Kentucky order closing religious schools due to COVID—but only because the order is about to expire. There's no constitutional infirmity since Kentucky closed public schools, too, but Alito and Gorsuch were still mad.
BREAKING: By a 6–3 vote, the Supreme Court rules that the challenge to Trump's executive order excluding undocumented immigrants from the census count for congressional apportionment is premature, dismissing the case. All three liberals dissent. supremecourt.gov/opinions/20pdf…
The six-justice majority expresses "no view on the merits of the constitutional and related statutory claims presented" but holds that the plaintiffs lack standing and the case is not yet ripe for resolution.

The liberals dissent on all fronts AND say Trump's policy is illegal.
Breyer, joined by Sotomayor and Kagan, lays out the unfortunate consequences of today's decision quite bluntly. supremecourt.gov/opinions/20pdf…
This decision puts immense pressure on the Census Bureau, which has said it *might* not be able to create the data necessary to exclude undocumented immigrants until after Trump leaves office. If it can't, Biden will undo this. If it can ... yikes, it's gonna be goddamn mess.
P.S. The Supreme Court uses "impact" as a verb now.

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More from @mjs_DC

16 Dec
It has become a talking point on the right that Republicans are no longer asking the U.S. Supreme Court to nullify Pennsylvania ballots. That is false. Republicans told SCOTUS it *can* resolve this case without nullifying ballots, but would still prefer to have them nullified. 1/
Republicans face a problem in this case: Throwing out late-arriving ballots won't change the outcome of the election, so Pennsylvania says the dispute is moot.

Republicans' latest brief seeks to avoid this problem by presenting two distinct theories. 2/
Theory #1: Republicans say that the Supreme Court can still provide relief by nullifying late-arriving ballots, even though its actions won't change the outcome of the Pennsylvania election, because counting those ballots still illegally dilutes lawful votes. 3/
Read 9 tweets
14 Dec
Good morning! The Supreme Court will issue orders at 9:30 and opinions at 10. This is the last orders + opinions day of the year.
Big news: The Supreme Court has declined to hear Box v. Henderson, turning away Indiana's request to roll back equal rights for same-sex parents. No noted dissents.

Background: slate.com/news-and-polit…
SCOTUS also issued a terrible AEDPA decision denying a writ of habeas corpus for an ineffective-assistance-of counsel claim to a death row inmate. It's a per curiam summary reversal. All three liberals dissent. supremecourt.gov/orders/courtor… (scroll down)
Read 9 tweets
10 Dec
I would like to engage with this line of argument without any shade to Nate. I want to zero in on three pre-election cases in PA, NC, and MN.

Start with PA: Four Supreme Court justices made it quite clear that they wanted to throw out thousands of legal ballots in this state.
Kavanaugh, Gorsuch, Alito, and Thomas tried to block a Pennsylvania Supreme Court decision on the basis of a truly radical constitutional theory. SCOPA extended the mail ballot deadline by three days; all four justices thought that was unconstitutional. slate.com/news-and-polit…
SCOTUS' conservatives spent the entire election season instructing federal courts not to intervene in state election processes. Then the PA Supreme Court ordered a modest expansion of voting rights, and four conservative justices tried to shut it down. Appalling hypocrisy.
Read 21 tweets
10 Dec
Good morning! The Supreme Court will issue opinions at 10 a.m. today.
The first decision is a unanimous ERISA pre-emption case (please don't make me describe the holding). Authored by Sotomayor, so we could get more decisions from any justice senior to her. Remember, opinions at released at 10 minute intervals these days. supremecourt.gov/opinions/20pdf…
For those asking, we are not going to get any action on the deranged Texas lawsuit this morning. The defendant states will not reply until later today.
Read 14 tweets
9 Dec
The attorneys general of the following states just asked the Supreme Court to nullify millions of legal votes:

Alabama
Arkansas
Florida
Indiana
Kansas
Louisiana
Mississippi
Missouri
Montana
Nebraska
North Dakota
Oklahoma
South Carolina
South Dakota
Tennessee
Utah
West Virginia
It's not clear whether the 17 GOP state attorneys general who asked SCOTUS to throw out millions of votes realize that they are backing a lawsuit designed as pardon-bait for Texas' AG, who is under FBI investigation, not a legitimate legal challenge. slate.com/news-and-polit…
Beyond this, Republican state attorney general offices are increasingly dominated by up-and-coming Federalist Society members. These jobs are a springboard to higher office—some of Trump's worst FedSoc judges previously worked for a GOP AG.
Read 7 tweets
7 Dec
At 10 a.m., the Supreme Court will hear arguments in Hungary v. Simon, which asks whether Hungarian Holocaust survivors can sue Hungary in U.S. courts for stealing their property. @SEHarringtonDC is arguing for the survivors. Listen here: c-span.org/video/?477434-…
Chief Justice Roberts grilling the Justice Department’s Benjamin Snyder is unexpectedly savage
Shorter Roberts: “Mr. Snyder, why is the federal government cowering behind dubious jurisdictional arguments to avoid explaining how this lawsuit will actually cause any friction with Hungary?”
Read 5 tweets

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