SCOTUS watch: a recent emergency-docket opinion suggests the Supreme Court has changed its mind on the meaning of religious liberty.

In 10 minutes, when rulings drop, we may find out if the Court is abandoning a 30-year-old precedent in its Fulton v. Philadelphia decision.
More opinions coming in 3 minutes. If Fulton v. Philly is coming today, all we know is that Justice Barrett did not write it.
2nd opinion in Carr v. Saul is unanimous: gives Social Security claimants a wider berth to make claims supremecourt.gov/opinions/20pdf…
3rd and final opinion of the day is AMG Capital Management, LLC v. FTC, a unanimous Breyer opinion saying FTC cannot seek monetary restitution from companies for engaging in deceptive practices. supremecourt.gov/opinions/20pdf…

That's it: the biggies will come another day.

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More from @stevenmazie

22 Apr
My favorite detail so far in the foul-mouthed cheerleader 1A case coming to SCOTUS next Wednesday: the cheer team advisor who isn't sure what viewpoint was behind "fuck cheer" and insists she would've kicked her off for saying "cheer is fucking awesome", too 🙄
The case is Mahoney v. BL and the joint appendix is rollicking good fun supremecourt.gov/DocketPDF/20/2…
Read 4 tweets
20 Apr
Derek Chauvin found guilty on second degree murder.
Guilty on all three counts.
His expression has not changed. Image
Read 4 tweets
20 Apr
Re-listening to the Obergefell oral arg with my students and boy, it's remarkable how an argument can be exposed as terrible and crumble before one's eyes when someone has to stand up and defend it in open court.

oyez.org/cases/2014/14-…
As of last June, Americans' support for legal same-sex marriage was as high as opposition to it was 25 years earlier. Image
John Bursch told the justices that opening marriage to gay couples would irreparably harm the institution by decoupling it from procreation. Children would doubt their parents would stay together if marriage is just about an "emotional commitment."
Read 4 tweets
13 Apr
💥 Major abortion decision today @ 6th circuit: 9–7 majority permits Ohio to bar doctors from providing abortions to women who want to end their pregnancies because the fetus has Down Syndrome.

Prohibition applies before viability, undercutting the abortion right in Roe/Casey.
Here are all the opinions opn.ca6.uscourts.gov/opinions.pdf/2…
Much of the highly contentious discussion in the concurrences and dissents concerns how to think about women aborting fetuses with Down Syndrome. The majority calls them modern-day eugenicists while dissenters deplore this characterization. Here's Judge Karen Moore:
Read 8 tweets
12 Apr
Gist of this excellent thread: five justices have built a house of cards to ground a revolutionary reading of religious liberty
And they have done so on the emergency docket with limited briefing, no oral argument and a rushed, sloppy ruling.
I would not be surprised if Roberts agrees in principle (and we will learn that soon when the Fulton decision arrives) but cannot fathom the impropriety and absence of judicial craft in this radical shift of First Amendment jurisprudence.
Read 4 tweets
10 Apr
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
Read 9 tweets

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