Thread by @mjs_DC

The Supreme Court takes up one new case, FBI v. Fazaga, a dispute over FISA and the state secrets privilege. scotusblog.com/case-files/cas…

Here is the full orders list: supremecourt.gov/orders/courtor…

Whoa—Sotomayor, joined by Breyer and KAVANAUGH, suggest the all-male draft may be unconstitutional, but counsel deference to Congress while it debates ending the all-male draft itself. supremecourt.gov/orders/courtor…

Kavanaugh is making a surprising move here, signaling his apparent support for Supreme Court precedents strictly limiting government-sponsored sex discrimination under the Constitution. Of course, it costs him nothing, and he does not always follow through on his promises ...

... and I tend to read this as Kavanaugh flaunting his support for women without actually *doing* anything. Still, a notable opinion, and a nudge to Congress to fix this problem with, hmm, all deliberate speed. supremecourt.gov/orders/courtor…

Anyway, we can be confident that RBG would've joined Sotomayor's opinion questioning the constitutionality of the all-male draft. Barrett, of course, did not. slate.com/news-and-polit…

The big question is why KAGAN didn't join Sotomayor's opinion questioning the all-male draft .... Perhaps to create space for Kavanaugh to stand out as a capital-a Ally to women? I am pretty confident she agrees with Sotomayor on the substance.🤷‍♂️

But yes, let's please not rush to praise Kavanaugh as the second coming of RBG. His Bostock dissent included a deeply ahistorical and exclusionary account of feminism in the United States.
supremecourt.gov/opinions/19pdf…

https://twitter.com/GBBranstetter/status/1401897364936433668

Another possible explanation for Kagan's missing vote here is that she wanted to grant cert but declined to note her dissent from denial of cert, which does happen.

https://twitter.com/JoshABlock/status/1401898060259729412

Now we await SCOTUS opinion(s) at 10 a.m.! Good luck everybody!