The Supreme Court once again takes no action in Dobbs, the challenge to Mississippi's 15-week abortion ban. Order list here: supremecourt.gov/orders/courtor…
SCOTUS takes up just one new case, a very interesting dispute over Confrontation Clause, Hemphill v. New York. We'll finally learn where Kavanaugh and Barrett stand on the Confrontation Clause, which often divides conservative justices. scotusblog.com/case-files/cas…
Justice Sotomayor, alone, dissents from the Supreme Court's refusal to take up a case with these appalling facts. supremecourt.gov/orders/courtor…
And Justice Sotomayor, alone, writes that the Supreme Court might want to consider, in the future, when jail officials may lawfully use a speculum to spread open and search the vagina and anus of a pretrial detainee. supremecourt.gov/orders/courtor…
Justice Sotomayor points out that people of color, including Native American women, disproportionately face non-consensual body cavity searches by the state.
Sotomayor describes the non-consensual search of a pretrial detainee's vagina and anus with a speculum and flashlight as "dehumanizing," "degrading," "traumatiz[ing]," and "offensive," and recounted the detainee's devastating PTSD. supremecourt.gov/orders/courtor…
Amy Coney Barrett recused herself because she declined to rehear the decision en banc after the 7th Circuit ruled against Brown last summer.
The 7th Circuit's en banc vote can be found on page 36 of petitioner's appendix here: supremecourt.gov/DocketPDF/20/2…
One detail Sotomayor did not include: The doctor's headlamp went out after he inserted the speculum into Sharon Brown's anus, so she had to wait there for several minutes with the speculum inserted and opened while he scrounged up a flashlight. supremecourt.gov/DocketPDF/20/2…
The Supreme Court has now published Sotomayor's two opinions this morning separately from the orders list.

Shackled defendant forced to reenact alleged murder before the jury: supremecourt.gov/opinions/20pdf…

Speculum search of pretrial detainees' body cavities: supremecourt.gov/opinions/20pdf…

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More from @mjs_DC

13 Apr
By a 9–7 vote, the 6th Circuit lifts an injunction that had blocked an Ohio statute prohibiting doctors from terminating a pregnancy because of Down Syndrome. The decision effectively defies Roe by upholding a total ban on certain abortions pre-viability.
opn.ca6.uscourts.gov/opinions.pdf/2…
The dissenters have thoughts on the conservatives' opinions:

•"self-devouring and logically untenable"
•"perverse and deplorable"
•"overly simplified and grossly inaccurate"
•"simply analytically unsustainable"
•"enormous and terrible ramifications"
Several conservative judges accused women of participating in eugenics when they terminate a pregnancy due to Due Syndrome. In addition to being profoundly offensive (please do not compare abortion to the Holocaust), this claim badly botches history. theatlantic.com/ideas/archive/…
Read 5 tweets
10 Apr
The Supreme Court uses an unsigned shadow docket opinion on Friday night to confirm that it has altered 3+ decades of precedent. This is not a plausible reading of Smith or Church of Lukumi. It’s a new rule—most-favored nation status for religion.
supremecourt.gov/opinions/20pdf…
Thomas, Alito, Gorsuch, Kavanaugh, and Barrett have used the shadow docket to establish a new First Amendment rule: Whenever the government grants an accommodation to secular activities or establishments, it MUST give that same accommodation to churches and religious activity.
Anyway, these COVID orders strongly suggest that the Supreme Court will side with the anti-gay foster care agency in Fulton v. Philadelphia and force the city to fund it. The extreme sensitivity to alleged religious discrimination on display here does not bode well for Philly.
Read 5 tweets
5 Apr
The Supreme Court once again takes no action on Dobbs, the challenge to Mississippi's 15-week abortion ban, or the pending gun cases. It takes up one habeas case, Brown v. Davenport. Orders: supremecourt.gov/orders/courtor…
🚨Clarence Thomas suggests that social media companies may NOT have a First Amendment right to regulate speech on their platforms, analogizing them to "common carriers" and "places of public accommodation." supremecourt.gov/orders/courtor…
In other words, Clarence Thomas is inviting Congress to ban social media companies from engaging in content moderation by stripping them of their own First Amendment rights and transforming them, for legal purposes, into common carriers or public accommodations.
Read 10 tweets
31 Mar
Here are the official new Pentagon policies allowing military service and enlistment by openly transgender people, effective April 30, pursuant to Biden's executive order. They are fantastic. esd.whs.mil/Portals/54/Doc…
Transgender people may enlist in the military and receive all necessary gender-related care. People currently serving in the military may come out as transgender, formally change their gender marker, and receive transition-related care. Anti-trans discrimination is prohibited.
The Pentagon's new trans-inclusive policies align with those in 20+ other countries that allow open trans military service. These countries' armed forces experienced no diminishment of unit cohesion or military readiness—nor did the U.S. military before Trump's ban took effect.
Read 4 tweets
31 Mar
Here is the Wisconsin Supreme Court’s 4–3 decision striking down Gov. Evers’ mask mandate, with all four Republican justices in the majority and all three Democrats dissenting. wpr.org/sites/default/… courtesy of @WPR
It’s 2021 and some journalists are still writing and tweeting about this decision without a link to the ruling ... you should ashamed of yourselves!!! 👿😾👎🤬💀
The first two pages of Justice Ann Walsh Bradley’s dissent are so concise and powerful. Some really strong legal writing. wpr.org/sites/default/…
Read 4 tweets
30 Mar
Obviously today's slate of nominees is the first of many, but it's remarkable how well the Biden White House threaded the needle here, balancing demands of different progressive groups by producing an ultra-diverse list that includes public defenders and prosecutors ...
... civil rights advocates and corporate attorneys, home-state favorites and well-known superstars. There's something for everybody, and all of the progressive court groups have reason to be extremely happy today, even if they have a few quibbles. It's an extremely strong start.
So with that in mind, here is MY quibble: I'd love to see members of the plaintiffs' bar, along with advocates for workers' and consumers' rights, in the next round of nominations. This list is a bit heavy on corporate representation. The White House can fix that next time.
Read 5 tweets

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