The Supreme Court has released its first and ONLY opinion of the day in Van Buren v. U.S. No blockbusters today! supremecourt.gov/opinions/20pdf…
Fascinating (and unprecedented) breakdown: Opinion by Barrett, joined by Kavanaugh, Gorsuch, Breyer, Sotomayor, and Kagan. Dissent by Thomas, joined by Roberts and Alito. supremecourt.gov/opinions/20pdf…
SCOTUS holds that an individual “exceeds authorized access” under the Computer Fraud and Abuse Act when he accesses a computer with authorization but then obtains information located in particular areas of the computer that are off-limits to him. This is the @OrinKerr bat signal.
In my non-expert view, this is a good decision. Barrett puts real limits on the scope of the CFAA, an alarmingly broad (and outdated) criminal law. Hopefully this will forestall a lot of dubious federal prosecutions for minor computer-related crimes. supremecourt.gov/opinions/20pdf…
I would wager that the Trump judges sided with the liberals because they're relatively young, understand computers decently well, and recognize that the government's preferred reading of the CFAA would criminalize a stunning range of conduct unworthy of federal prosecution.
This is a good question. As the senior-most justice in the majority, Breyer got to assign this opinion, and he gave it to Barrett. Has he ever assigned a majority opinion before?
Kinda funny that the federal government set up a very complicated sting operation to nail the defendant in this case, successfully caught him in the act, secured a guilty verdict, then watched as courts overturned his conviction under two different laws. supremecourt.gov/opinions/20pdf…
OK @AdamSFeldman confirms that Van Buren v. U.S. marks the first time Breyer has assigned a majority opinion. And he assigned it to Barrett! supremecourt.gov/opinions/20pdf…

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More from @mjs_DC

4 Jun
She has no idea it’s SCOTUS season🥰
The blep of it all
🥲
Read 5 tweets
2 Jun
NEW: I spoke with Nick Wallace, the student who is not allowed to graduate from Stanford Law next week because a top member of the school's Federalist Society chapter issued a formal complaint against him for making fun of FedSoc. slate.com/news-and-polit… @Slate
Here is the flyer that led Stanford to place a hold on Wallace's diploma following a complaint by a Stanford Federalist Society leader.
I want to highlight the fact that Stanford hasn't *just* placed a hold on Wallace's diploma. It has also forced him to undergo a disciplinary investigation in the middle of finals. And by withholding his degree, it is preventing him from taking the bar. slate.com/news-and-polit…
Read 5 tweets
1 Jun
Trump judges continue to find new, creative ways to torture us cdn.ca9.uscourts.gov/datastore/opin…
I do wonder how much of the awful writing emanating from Trump judges' chambers can be attributed to age—many of these people are in their 30s and 40s, and may see themselves as stylistic mavericks on the forefront of a revolution in judicial writing. But the execution is 🥶.
Read 4 tweets
1 Jun
The first Supreme Court opinion of the day is a unanimous decision by Gorsuch in Garland v. Ming Dai. There will more opinions. supremecourt.gov/opinions/20pdf…
The Supreme Court overturns the 9th Circuit's rule that "a reviewing court must treat the noncitizen’s testimony as credible and true absent an explicit adverse credibility determination." supremecourt.gov/opinions/20pdf…
Because the Supreme Court issues opinions in reverse seniority, the next opinion(s) could come from any justice except Kavanaugh or Barrett.
Read 6 tweets
1 Jun
The Supreme Court takes up just one new case, Unicolors v. H&M Hennes & Mauritz, involving a copyright dispute. Full orders here:
supremecourt.gov/orders/courtor…
Kavanaugh says: Hey, we may have abolished the "community caretaking" exception to warrantless searches of the home, but police (and courts) can still justify warrantless searches of the home in other ways! supremecourt.gov/orders/courtor…
The Supreme Court let a rare *denial* of qualified immunity stand! That may be our best SCOTUS news of the day.
Read 4 tweets
24 May
The Supreme Court turns away an appeal from Ernest Johnson, who alleges that his imminent execution by lethal injection will inflict torturous pain because a brain tumor operation. All three liberals dissent; Sotomayor and Breyer write. supremecourt.gov/orders/courtor…
An operation left Ernest Johnson with scarred brain tissue and epilepsy; he alleges that lethal injection will trigger a massive, violent, uncontrollable, immensely painful seizure as he slowly dies. The Supreme Court's conservative majority doesn't care. supremecourt.gov/orders/courtor…
This case, and others like it, are why South Carolina recently reauthorized execution by electric chair or firing squad: Lethal injection often poses a serious risk of torture, and odd as it may sound, traditional forms of execution may be more "humane." npr.org/2021/05/20/998…
Read 5 tweets

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