BREAKING: One opinion at SCOTUS today, Borden v US, an ACCA case. 5-4 opinion by Justice Kagan with Roberts, Alito, Barrett and Kavanaugh in dissent
Justice Thomas’s concurring opinion sealed the five-justice majority.
Note: this case is about ACCA, the Armed Career Criminal Act. Ruling in the constitutional challenge to the ACA, a.k.a. Obamacare, is still outstanding.
It's now been longer than a 6-month wait for Fulton v. Philadelphia, the SCOTUS case pitting religious liberty against LGBT equality that was argued on Election Day (11/4/2020).
A 🧵 on what even a narrow loss for LGBT anti-discrimination rules might mean.
(a lot)
Everybody thinks the Catholic foster agency, which refuses to vet same-sex couples as foster families, is going to win its 1st-am battle to keep contracting with Philly despite the city's rule barring discrimination on the basis of sexual orientation.
I think that, too.
The main question is how SCOTUS will do that: by finding that Catholic Social Services wins under existing precedent or by jettisoning the precedent under which it does (seem to) lose: Employment Division v. Smith, a landmark 1990 free-exercise ruling from Justice Scalia
First ruling is United States v. Palomar-Santiago, an immigration case. Unanimous opinion written by Justice Sotomayor supremecourt.gov/opinions/20pdf…
Another 9th circuit reversal. Can't immediately think of a recent Supreme Court decision where a 9th circuit ruling was affirmed
At least one more opinion coming this morning, so stay tuned.
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.