The (very large) SCOTUS reform commission is meeting right now for the very first time. They're all unmuted and taking their oath and it's quite the chorus.
Now they're recording voice votes on accepting the bylaws. Everybody is saying yes so far, except for @WilliamBaude, who said "aye".
A couple of absences today: @Sifill_LDF and @tribelaw and a few others. Their plan: six meetings over the next six months, including two with testimony from members of the public.
Commission is charged not with making recommendations but with critically analyzing proposals including the most-discussed idea of Supreme Court expansion.
A short bit from @WilliamBaude apparently dictated by Yoda whispering into his right ear.
Among the reforms they'll consider other than court-expansion: the shadow docket, certiorari grant procedures, scope of judicial review.
And....they're done. Meeting adjourned.
As pilots go, not sure that one gets picked up for a full season.
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My 4pm radio hit on today's abortion grant was a casualty of CA's mask mandate extension, so here's a bit of what I was going to say. Roe v Wade is in v big trouble, but there is a lot of murkiness ahead. THREAD
First: there's no reason four justices would vote to hear Dobbs unless they believed it to be a vehicle for eroding abortion rights. There's no circuit split & the MS law is obviously unconstitutional under existing SCOTUS precedent (Roe, Casey).
Second: while Dobbs does not explicitly ask the Court to overrule Casey or Roe, the question on which the Court granted cert implicates the core holding of both precedents—that pre-viability abortion bans are unconstitutional.
Key moment in yesterday's student-speech hearing at SCOTUS: Justice Kagan asking Lisa Blatt about lower court rulings that interpret Tinker v. Des Moines in ways that greatly weaken speech protections
This is crucial: Blatt's central argument is that halting school regulation of student speech outside the schoolhouse gate is unnecessary to let kids express themselves freely. Controversial political and other forms of speech will still be protected under Tinker, Blatt insists.
But as Kagan notes, a district court in 2007 upheld a principal's ban on students wearing t-shirts w the message "We Are Not Criminals" (protesting an immigration bill) b/c it may have caused fights.
Here's that ruling, Madrid v. Anthony: casetext.com/case/madrid-v-…
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 🙄