Good morning! The Supreme Court will issue opinion(s) at 10 a.m. We don't know what we're going to get, but odds are good it won't be a blockbuster. (Those typically come down later in the term.)
Just one opinion today in Chicago v. Fulton, a bankruptcy case (not to be confused with Fulton v. Philadelphia, about the foster care agency that discriminates against same-sex couples). 8–0, opinion by Alito. supremecourt.gov/opinions/20pdf…
Boring case (to me) but I am impressed by the clarity and concision of Alito's introductory paragraph (especially given the dry, thorny topic). supremecourt.gov/opinions/20pdf…
A really important concurring opinion from Sotomayor, who explains how Chapter 13 bankruptcy can screw over members of low-income communities who rely on their car for work, trapping them in a cycle of debt. supremecourt.gov/opinions/20pdf…
Sotomayor twice cites an amicus brief by a coalition of civil liberties groups led by the @ACLU which you can read here: supremecourt.gov/DocketPDF/19/1…
50 attorneys general signed a letter condemning last week's "lawless violence" at the Capitol.
Texas' Ken Paxton, who led the effort to overturn the election at the Supreme Court, is not among them. oag.dc.gov/sites/default/…
The Republican attorneys general of Louisiana (Jeff Landry), Montana (Austin Knudsen), Indiana (Todd Rokita) did not sign, either. They're the holdouts, plus Paxton.
The attorneys general of D.C. Guam, the Northern Mariana Islands, and the USVI signed, which is how we get to 50.
Deleted an earlier tweet that had missed the U.S. Virgin Islands AG, thank you as always for checking my work.
After personally lobbying Pence, John Eastman spoke at the incitement rally designed to pressure him into overturning the election, which led to rioters chanting “hang Mike Pence” as they violently seized the Capitol.
NEW: Supreme Court lifts the stay on Lisa Montgomery’s execution, allowing the government to kill her. Appears to be a 6–3 vote with all three liberals dissenting. supremecourt.gov/orders/courtor…
Apologies: There is still a stay of execution from the 8th Circuit, though the Supreme Court is now all but certain to lift it.
NEW: Supreme Court lifts the remaining stay of execution for Lisa Montgomery, and also denies her request for another stay by a 6–3 vote. Montgomery’s execution may now be imminent.
I have seen a rumor floating around that Ginni Thomas funded 80 buses to transport insurrectionists to D.C. on Wednesday. This rumor does not come from my reporting, and it is not true. I do think I’ve figured out where it originated, though. 1/x
This is convoluted, so bear with me.
In the past, Ginni Thomas served on TPUSA’s advisory council. Charlie Kirk has alleged that TPUSA’s PAC—as well as a related group (@TrumpStudents)—funded 80+ buses for the insurrection. (He has since deleted the tweet).
But ... 2/x
(a) It’s not clear whether Kirk was telling the truth.
(b) Even if he was, Ginni Thomas’ connection to the buses is so attenuated as to be nonexistent.
TPUSA’s advisory council is massive—there are more than 80 members at the moment. They don’t appear to do much at all.
3/x
The Supreme Court refused to fast-track the election-related cases (including Lin Wood’s🤡), meaning the justices won’t consider them until later this winter. As @steve_vladeck pointed out, they should all be moot by that point, though the justices can always find a way to rule.
It’s no surprise the justices don’t want to insert the court into a dispute over the election’s legitimacy five days after insurrectionists stormed the Capitol. But they could still take these cases down the road.
It’s no surprise Thomas has renewed his call to outlaw buffer zones around abortion clinics. SCOTUS last upheld their constitutionality by a 5–4 vote with Roberts joining the liberals. Now that Barrett’s on the court, buffer zones may soon be toast. supremecourt.gov/opinions/13pdf…