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.

whitehouse.gov/pcscotus/publi…
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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More from @stevenmazie

17 May
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.
Read 14 tweets
29 Apr
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-…
Read 9 tweets
28 Apr
Mahanoy v. BL, the cheerleader speech case, begins now here:

c-span.org/video/?510036-…
Roberts to Lisa Blatt: what about political or religious speech that is directed at the school? Can that be regulated?

Blatt: no, b/c it's not directed to a school audience
Roberts: well but what if a Snapchat is critical of a school or a teacher?

Blatt: schools can't punish message, but they can punish the manner (no picketing)
Read 75 tweets
28 Apr
📣 📣 📣 three bites to prepare you for this morning’s big student-speech hearing at SCOTUS involving a cursing cheerleader...

1. my preview from @TheEconomist’s daily app espresso.economist.com/f05a5279ad8f88…
2. My debut TikTok vm.tiktok.com/ZMeCtWsTD/
3. Another TikTok focused on the gripping lawyer match-up vm.tiktok.com/ZMeCtv3MC/
Read 4 tweets
22 Apr
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…
Read 4 tweets
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

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