@thewydown There is only one opinion from #SCOTUS this morning: Van Buren v. US, about the Computer Fraud and Abuse Act. Barrett has the majority 6-3 opinion, reversing the 11th Circuit and FOR the defendant in the case. Thomas, joined by Roberts and Alito, dissents.
Congrats to @OrinKerr, getting that prominent, page 2 #SCOTUS citation. (And just one day into his 50s!)
This case serves as a great example of how broad federal criminal legislation often morphs and expands over time. (And duplicates existing state criminal statutes.)
The FBI apparently has enough time on its hands to spend all of this time and money to *create* criminal activity. (Which years later, so more time and money, is found by a very conservative Supreme Court to not even be criminal activity.)
[I know this isn't news to folks who know this stuff. But, we don't often get Republican-appointed judges laying it out so clearly.]
This section from Barrett's majority is stark. Her slicing-and-dicing of the dissent — which continues elsewhere — is some of her crispest writing since joining the Court.
And this part from Barrett, already referenced by others, is an important note about how much more broadly federal prosecutors and, at this point, the federal government were seeking to have criminal liability attach — beyond even the broad statute that Congress passed.
While Barrett's majority opinion is really impressive, it's also true that she was aided in writing an impressive majority by just how bad the dissent from Thomas is.
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BREAKING: Supreme Court upholds district court order that the Trump administration "facilitate" the return of Kilmar Abrego Garcia, who was improperly sent to El Salvador.
A part of the government's request to vacate the original order is "effectively granted" b/c the deadline passed, SCOTUS holds, but the rest of the order stands. As to the requirement to "effectuate" Abrego Garcia's return, the district court should "clarify" that, w/ deference to executive.
BREAKING: On a 5-4 vote, the Supreme Court allows the Education Dep't to halt payment of grants.
A district court issued a TRO blocking the cancelation of the grants in a suit brought by eight states. The appeals court refused a stay pending appeal.
Today, SCOTUS stayed the TRO—blocking payments.
Thomas, Alito and the three Trump appointees formed the five-justice majority who issued the unsigned per curiam opinion.
Roberts wrote nothing but noted he would have denied the application.
Kagan and Jackson wrote dissents. Sotomayor joined Jackson's dissent, which does not hold back:
BREAKING: Chief Judge Boasberg issues a classwide, nationwide temporary restraining order, blocking removal of any noncitizens in U.S. custody who are subject to today's AEA order for the next 14 days.
With planes leaving, he says, "I am required to act immediately."
BREAKING: A federal judge this morning issued a temporary restraining order blocking the Trump administration from invoking the Alien Enemies Act of 1798 to deport several Venezuelan nationals with no process.
BREAKING: A federal district court judge in Kentucky vacates the Biden administration's Title IX rule, challenged largely for its transgender protections, a decision with nationwide effect.
The rule had been blocked in over half over the country as a result of several different challenges, but there had been no nationwide ruling — and appeals are pending in several appeals courts.
Schumer is filing cloture on several judicial nominations. Republicans are forcing them to go into executive session separately for each nomination. The Dems are just pushing ahead. Here was Schumer before the 10th vote, by my count, began.
By the Republicans refusing to give unanimous consent, the Dems are having to go through a series of procedural votes on each nominee.
They're passing on party-line votes, but the Republicans are literally just forcing them to take hours on this.
So far, cloture has been filed for:
- Amir H. Ali (D.D.C.)
- Sparkle L. Sooknanan (D.D.C.)
- Brian E. Murphy (D. Mass.)
- Anne Hwang (C.D. Calif.)
- Cynthia Dixon (C.D. Calif.)
This voting began at 6:32 pm, C-SPAN notes, after the vote on Kidd for the 11th Circuit.