BREAKING: Court votes 5-4 to grant the religious plaintiffs’ request. Chief Justice Roberts notes his dissent. Justice Kagan writes a dissent joined by Justices Breyer and Sotomayor
The per curiam
The dissent
The per curiam sounds like Gorsuch to me, maybe Alito.
Remarkable that the per curiam announces that the result “clearly“ follows and is “dictated by” from the previous cases out of California. The chief justice, who sided with the conservatives in most of those decisions, dissents here! So it is clearly not clear.
And Roberts does not explain why he disagrees with his five conservative colleagues.
One possible reason Roberts quietly dissented: CA is set to lift the restrictions at issue by next Thursday. Perhaps that means five more days without large bible reading gatherings in homes doesn’t rise to the level of an emergency.
Or maybe he isn’t quite in the religion as “most favored nation” camp and sees CA’s *general* rule against more than three families gathering in a private home as not a violation of religious freedom.
“Respectfully” 🤔

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More from @stevenmazie

7 Apr
Five quick takeaways from Justice Breyer's lecture, "The Authority of the Court and the Peril of Politics", delivered yesterday at Harvard Law School.
1. SCOTUS expansion, he says, would damage the Court's legitimacy by heightening the sense that it is a political football.

A sign Breyer may announce soon that he's stepping down. He doesn't want to appear to be timing his retirement for political purposes & this deflects that.
2. Among the reasons Breyer cites for why the Court isn't "conservative"? The fact that it "did uphold the constitutionality of Obamacare."

A sign that the pending constitutional challenge to the ACA in California v. Texas is about to fail, too.
Read 6 tweets
5 Apr
BREAKING at SCOTUS: Google wins copyright battle with Oracle
Vote is 6-2, written by Justice Breyer. Justices Alito and Thomas dissent. supremecourt.gov/opinions/20pdf…
Gist of ruling: Google's copying of some Oracle code to develop the operating system for its Android devices is "fair use".
Read 6 tweets
4 Apr
Some are arguing Georgia’s voting law is perfectly fine because other states have less early voting or similar rules. But Sec 2 of the VRA is about the specific circumstances in each state.
There’s no plausible way to describe George’s law other than a Republican attempt to chip away at voting opportunities for the constituencies that flipped the state blue in 2020 and 2021.
Whether that attempt will succeed in depressing the minority vote is an open question. But bad intent is enough to establish a section 2 VRA violation.
Read 5 tweets
30 Mar
A trio of lawsuits against Georgia’s new voting restrictions are well founded—but face an uphill battle. My ⁦@TheEconomist⁩ analysis economist.com/united-states/…
There are three main headwinds:
1. a kneecapped Voting Rights Act w/ a vestigial Section 5 as a result of the Shelby County decision in 2013
2. Uncertainty over the meaning of section 2 of the Voting Rights Act, the remaining teeth in the law which could be knocked out or filed down by a pending case that SCOTUS is set to decide in the coming months.
Read 5 tweets
30 Mar
NEW: a third lawsuit against Georgia's voting law brought by the NAACP-LDF, ACLU and Southern Poverty Law Center emphasizes the harms to *all* voters in addition to the discriminatory effects and purposes against people of colour.
You can read the full complaint here: aclu.org/sites/default/…
Read 5 tweets
29 Mar
BREAKING: a second lawsuit is filed against SB 202, Georgia's new voting law. Georgia NAACP & other orgs allege purposeful discrimination in addition to harmful effects under Section 2 of the Voting Rights Act and the 1st, 14th and 15th amendments.
The full complaint is available here drive.google.com/file/d/13pT4Os…
Read 4 tweets

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