The Supreme Court has issued its first and only opinion of the day in Niz-Chavez v. Garland, ruling against the government, with this literally unprecedented lineup. supremecourt.gov/opinions/20pdf…
Here is Gorsuch's opinion paragraph, which is truly classic Gorsuch. (The answer to the question at the end is no.) supremecourt.gov/opinions/20pdf…
The upshot of today's decision is that the government screwed up its notice of removal to Mr. Niz-Chavez, who entered the country without authorization, so he can now seek cancellation of his deportation. Kavanaugh, Roberts, and Alito dissent. supremecourt.gov/opinions/20pdf…
This is a beautiful statutory interpretation case that boils down the fact that Congress used the words "the notice" rather than "a notice" or "the notices," requiring the government to put all the removal information on a single form (which it failed to do). You love to see it.
Today's decision is a sequel to 2018's Pereira v. Sessions, in which SCOTUS held (per Sotomayor) that a removal notice that omits any necessary information is not a proper "notice." Shorter Gorsuch today: We meant what we said in Pereira. supremecourt.gov/opinions/17pdf…
Now the bad news: Why haven't we gotten the Affordable Care Act decision yet? This delay unnerves me. It makes me worry that five justices decided the individual mandate is now unconstitutional AND aren't sure if it can be severed from the rest of the law? slate.com/news-and-polit…
Based on who has written already for the November session, we can deduce that the chief justice probably has the ACA case, which is an encouraging sign because it seems unlikely that he'll do anything crazy. But that also means Alito has Fulton. 🥶
Want to clarify that Congress used "a notice" and "the notice" throughout the statute, so the decisive formulation is "a definite article with a singular noun," per Gorsuch. supremecourt.gov/opinions/20pdf…

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Mark Joseph Stern

Mark Joseph Stern Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @mjs_DC

26 Apr
BREAKING: Supreme Court takes a Second Amendment case challenging New York's restrictions on concealed public carry. supremecourt.gov/orders/courtor…
This case is likely to pave the way to the Supreme Court declaring a constitutional right to concealed public carry, overriding many state and local restrictions on the ability to bear concealed arms in public.
The Supreme Court sends a signal that it may let states intervene to defend Trump's "public charge" rule—which seeks to limit immigrants' access to public benefits—potentially throwing a wrench in the Biden administration's attempt to kill it through a court settlement.
Read 10 tweets
23 Apr
New Supreme Court class photo. RBG is out, Amy Coney Barrett is in. Justice Sotomayor is seated for the first time.
Note: The Supreme Court only takes a new class photo when a new justice joins OR every ten years, whichever comes first. This one was delayed because of COVID.
Also, this picture isn't the official portrait! The Supreme Court will reveal that at a later time. Great, fun background on this tradition from @adamliptak: nytimes.com/2018/12/10/us/…
Read 4 tweets
22 Apr
Oops: When the Supreme Court heard oral arguments about juvenile life without parole in 2019, I wrote that there was a real chance Brett Kavanaugh might uphold Kennedy's legacy and preserve strict limits on JLWOP. I really, really wrong! slate.com/news-and-polit…
Sorry about that. I will say that in the intervening two years I have realized that Kavanaugh LOVES to assume a pose of moderation, reasonableness, compromise, and respect for precedent, then write opinions that abandon those principles while pretending to adhere to them.
My early optimism about Kavanaugh (here's another example) was fed by a belief that his words and tone at oral arguments would reflect the substance of his rulings. But I was very wrong. Kavanaugh performs moderation then implements Federalist Society law.
slate.com/news-and-polit…
Read 5 tweets
22 Apr
First opinion of the day is in Jones v. Mississippi. By a 6–3 vote with Kavanaugh writing, the court rules that a sentencer need NOT make a separate factual finding of permanent incorrigibility before sentencing a defendant under 18 to life without parole. supremecourt.gov/opinions/20pdf…
Today's decision is a huge blow against the movement to end juvenile life without parole. As Sotomayor correctly notes in her dissent, the court "guts" precedents that had strictly limit JLWOP. This is a major defeat for JLWOP reform. supremecourt.gov/opinions/20pdf…
Sotomayor's dissent is brutal. Kavanaugh claims to follow precedent limiting juvenile life without parole, but Sotomayor writes: "The Court is fooling no one. Because I cannot countenance the Court’s abandonment of Miller and Montgomery, I dissent." supremecourt.gov/opinions/20pdf…
Read 13 tweets
19 Apr
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…
Read 10 tweets
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

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!