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12 Jan, 5 tweets, 2 min read
BREAKING: by a 5-3 vote, Trump administration wins Supreme Court battle over whether women may receive abortion medication by mail during the pandemic. This case has been pending since July. The three liberal justices dissent. scotusblog.com/wp-content/upl…
Justice Breyer dissents but does not join dissent written by Justice Sotomayor. Justice Kagan joins the Sotomayor dissent which ends this way:
The dissent explicitly calls on the federal government to reconsider the FDA rule requiring in-person dispensing of abortion drugs. Presumably this reversal could happen quickly when the Biden administration takes over.
Correction: 6-3.

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More from @stevenmazie

Steven Mazie Profile picture
14 Jan
A case study in Chief Justice John Roberts's strategy for navigating politically fraught cases in the Trump era is about to come to a close not with a bang but—as Roberts apparently planned all along—with a whimper.

A thread on Trump v. Vance.
This case asked whether Cy Vance, the Manhattan DA, could subpoena Trump's accountant for 8 years of his tax and other financial records as part of an investigation into possible financial crimes.

Trump lost bids in lower courts to invalidate the subpoena and turned to SCOTUS.
In July, SCOTUS issued a 7-2 loss for Trump, saying that sitting presidents have no absolute immunity from criminal process. economist.com/united-states/…
Read 10 tweets
Steven Mazie Profile picture
11 Dec 20
On the cusp of its historic election ruling, CJ Roberts is staring down a bizarro SCOTUS legitimacy crisis. (1/4)
The left is the side that’s been increasingly doubting the court’s legitimacy, but if/when the TX case gets dismissed, the right—80% of whom think Biden somehow stole the election—may be irate. (2/4)
This makes it imperative for Roberts to forge a unanimous consensus for whatever tack the court takes. (3/4)
Read 4 tweets
Steven Mazie Profile picture
10 Dec 20
There are three emergency religious challenges to COVID public-health orders pending at SCOTUS: out of New Jersey, Kentucky and Colorado. A few thoughts on where they may be going.
Remember: Court sided with religious challengers in the New York cases on eve of Thanksgiving (lifting 10-person attendance restrictions at houses of worship in red zones) & on that basis sent California challenge to ban on indoor worship back to the lower court for another look.
Colorado was just filed, but briefing is complete in the NJ and KY cases and orders could come at any time.

Interesting that NJ hasn't come down yet, as reply brief was filed 5 days ago. SCOTUS acted on the CA request less than two days after briefing was complete.
Read 8 tweets
Steven Mazie Profile picture
9 Dec 20
NEW at SCOTUS: Donald Trump has filed a brief intervening in Texas v. Pennsylvania, the lawsuit urging SCOTUS to scrap election results in Pennsylvania, Wisconsin, Michigan and Georgia

supremecourt.gov/DocketPDF/22/2…
On the opening page, Trump says it is "no surprise" that "nearly half of the country believes the election was stolen" — since he won Florida and Ohio.
The document appears to be a brief-length version of the president's Twitter account.
Read 6 tweets
Steven Mazie Profile picture
8 Dec 20
💥 BREAKING: SUPREME COURT DISMISSES LAWSUIT CHALLENGING PENNSYLVANIA ELECTION RESULTS
It is a one-line order.
Pretty close.
Read 5 tweets
Steven Mazie Profile picture
8 Dec 20
BREAKING at SCOTUS: Texas sues Pennsylvania, Georgia, Michigan and Wisconsin in last-ditch effort to challenge the election results in those states.
Here is the motion for a preliminary injunction supremecourt.gov/DocketPDF/22/2…
Motion says these states have "tainted the integrity of their own citizens' votes".
Read 5 tweets

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