Here is the breakdown. Gorsuch, Thomas, and maybe Alito want to blow up International Shoe, the lodestar of personal jurisdiction jurisprudence, though it's not clear to me that he has a viable replacement. supremecourt.gov/opinions/20pdf…
The second and final opinion of the day in Torres v. Madrid is an excellent 5–3 decision holding that police who shoot a suspect with intent to restrain him have committed a seizure under the Fourth Amendment even if the suspect escapes. supremecourt.gov/opinions/20pdf…
Gorsuch, joined by Thomas and Alito in dissent, writes that law enforcement has NOT committed a Fourth Amendment seizure when they shoot a fleeing suspect who manages to escape, which is an atrocious view and I'm glad he lost. Here's the breakdown. supremecourt.gov/opinions/20pdf…
Note: The five-justice majority opinions in both of today's decisions were joined by Roberts, Kavanaugh, Breyer, Sotomayor, and Kagan.
Looks like we have a new coalition?!
(Barrett did not participate because the cases were argued before she joined the court.)
I was once paging through Justice Brennan's files at the Library of Congress and found an interesting series of drafts of Texas v. Johnson, the flag-burning decision, in which he debated whether to reveal the holding in his intro. He ultimately did. supreme.justia.com/cases/federal/…
I think that was the right call. Some justices like to keep readers in suspense by posing the question presented in the intro but withholding the court's answer until later on. But I like Roberts' style of "question/answer" upfront, even if it lacks drama.
Roberts brings that juicy historical trivia you didn't know you needed. Where's the Netflix series about Isabel
Holcroft, Countess of Rutland?!
From Gorsuch's dissent—it's pretty funny to see the Supreme Court's chief advocate of nondelegation doctrine write these words. slate.com/news-and-polit…
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Two Trump judges, joined by a GWB judge, rule that a college violated a professor's free speech and free exercise rights by punishing him for refusing to use a trans student's preferred pronouns. They say the policy "stifles a professor’s viewpoint on a matter of public import."
It was inevitable that Trump judges would carve a "misgendering students" exception into Garcetti. The real question is: where's the line? The logic of today's opinion would seem to imperil all manner of non-discrimination rules at public schools, not just pronoun policies.
Can a white professor who repeatedly uses the n-word in class while expressing his views that Black people are intellectually inferior be punished under the 6th Circuit logic? I'd think not—racial equality is also "a hotly contested matter of public concern"! Really, what isn't?
Lucy is feeling a bit better but the vet says her wound is infected, swollen, and not yet improving. We are hoping the antibiotics will turn things around within the next few days.🤞
In other animal news, Bianca (as we’ve named her) survived the night and has markedly improved this morning. She’s eating and drinking and chirping to Limo and Loro (who are fascinated and confused), which we take as an encouraging sign.
Lucy, who only recently stopped whining when we paid attention to Limo and Loro, is not yet mentally prepared to process Bianca’s existence, and we’re all OK with that.
The Heritage Foundation’s Zack Smith, arguing against DC statehood, says DC residents “already impact the national debate” because members of Congress see their yard signs while driving to work.
Here is Republican Rep. Jody Hice arguing against D.C. statehood because it doesn’t have a landfill, airport, or car dealership (actually, it does have a car dealership).
One of the reasons Republicans dress up their arguments against D.C. statehood in legalese is because otherwise they sound racist, partisan, or painfully stupid. slate.com/news-and-polit…
Supreme Court takes up United States v. Tsarnaev, which vacated the Boston bomber's capital sentence. Takes no action on Dobbs, the challenge to Mississippi's 15-week abortion ban. supremecourt.gov/orders/courtor…
Chief Justice Roberts wants to dramatically narrow (really, I think, eviscerate) the Antiquities Act, which presidents use to shield environmentally sensitive land, including underwater areas, from development, pollution, and other industrial activities. supremecourt.gov/orders/courtor…
Sotomayor and Gorsuch nudge the Sentencing Commission to clarify the availability of a sentencing reduction for defendants who request a suppression hearing (like, for illegally obtained evidence) but also tell prosecutors they're pleading guilty.
A dog bit Lucy’s leg yesterday which led to a midnight visit to the emergency vet. She has puncture wounds and an infection and she’s in a lot of pain but is on track for recovery. If anyone has tips for suffering dogs besides the puppy narcotics they gave us I’m all ears.
She’s just standing around moaning and whining from the pain 🙁
We have also given her CBD oil and it helps to a point, mostly to calm her down, but she’s definitely still suffering.
🚨D.C. Circuit Judge Silberman just released a truly wild dissent calling on the Supreme Court to overturn New York Times v. Sullivan, claiming NYT and WaPo are "virtually Democratic Party broadsheets," and accusing "big tech" of censoring conservatives. cadc.uscourts.gov/internet/opini…
Judge Silberman explicitly attacks Twitter for restricting the New York Post's Hunter Biden laptop story, complains that "there are serious efforts to muzzle Fox News," and writes that "Democratic Party ideological control" of the media is "a threat to a viable democracy."
Silberman's final footnote: "The reasons for press bias are too complicated to address here. But they surely relate to bias at academic institutions." Doesn't elaborate. cadc.uscourts.gov/internet/opini…