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Chris “Law Dork” Geidner Profile picture
@chrisgeidner
Jun 14, 2021 • 13 tweets • 6 min read • Read on X
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#SCOTUS: Orders coming at 9:30, followed by one or more opinions at 10. We don’t know which cases or how many of of the 21 remaining cases. They include Obamacare, religious beliefs & gay rights, Voting Rights Act, NCAA, student speech rights, First Step Act, & more.
No new cases granted by #SCOTUS this morning.
#SCOTUS does, however, ask the Biden administration to weigh in on the Harvard affirmative action case. (Which also serves as a reminder that there is still no SG nominee.)
Here's the full #SCOTUS orders list: supremecourt.gov/orders/courtor…
First #SCOTUS opinion is in Greer v. US. Kavanaugh has the opinion for the Court reversing the 11th Circuit in a decision limiting when a prior SCOTUS decision about the felon-in-possession law applies to protect defendants. Sotomayor dissents in part. supremecourt.gov/opinions/20pdf…
There will be at least one more decision.
Greer v. US was consolidated with US v. Gary, and Sotomayor concurs in the result in Greer, the lead case, but dissents in part (including in the judgment) in Gary's case. See below:
Second, and final, decision of the day is in Terry v. US. The unanimous decision is by Thomas, limiting who is eligible for resentencing under the First Step Act due to crack/powder cocaine disparities. Sotomayor concurs in part and in the judgment. supremecourt.gov/opinions/20pdf…
Sotomayor writes separately, in part, to call for legislative action, detailing how Congress has addressed many similar areas of the crack/powder cocaine disparity, but not this particular one.
Sotomayor also wrote separately, however, to note why she did not join Part I of Thomas's opinion for the Court, writing that "it includes an unnecessary, incomplete, and sanitized history of the 100-to-1 ratio" for crack-to-powder cocaine.
Here is the relevant part from Thomas.
With that, 19 #SCOTUS cases remain outstanding, including Obamacare, religious beliefs & gay rights, Voting Rights Act, NCAA, student speech rights, & more. As of now, the next possible decision day is Thursday.
More on the Thomas-Sotomayor discussion and underlying issues here:

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More from @chrisgeidner

Chris “Law Dork” Geidner Profile picture
Jul 3
BREAKING: The U.S. Supreme Court holds that a district court cannot enforce its remedy order providing due process to the 8 people the Trump admin sent out of the U.S. (who are now in Djibouti) in violation of the injunction in the third country removals case, which the Supreme Court later stayed.The motion for clarification is granted. Our June 23 order stayed the April 18 preliminary injunction in full. The May 21 remedial order cannot now be used to enforce an injunction that our stay rendered unenforceable. See Nken v. Holder, 556 U. S. 418, 428 (2009) (explaining that a reviewing court's stay order "divest[s]" the district court "order of enforceability"). Even if we accepted respondents' characterization of the May 21 order, such a remedy would serve to "coerce" the Government into "compliance" and would be unenforceable given our stay o...
The apparent 7-2 vote — with Kagan joining the Republican appointees on the procedural question of the district court's power — is appalling abdication of its role in our constitutional republic.

The short of it is seven justices said Trump can send these 8 people to South Sudan with no process.
Here is the "clarification" order, as well as Kagan's concurrence and Sotomayor's dissent for her and Jackson: supremecourt.gov/opinions/24pdf…JUSTICE KAGAN, concurring. I voted to deny the Government’s previous stay applica- tion in this case, and I continue to believe that this Court should not have stayed the District Court’s April 18 order enjoining the Government from deporting non-citizens to third countries without notice or a meaningful opportunity to be heard. See DHS v. D. V. D., 606 U. S. ___, ___–___ (2025) (SOTOMAYOR, J., dissenting) (slip op., at 9–18). But a majority of this Court saw things differently, and I do not see how a district court can compel compliance with an or- der that this Court has stayed. See Unite...
Read 6 tweets
Chris “Law Dork” Geidner Profile picture
Apr 10
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.

More to come at Law Dork: lawdork.comThe application is granted in part and denied in part, subject to the direction of this order. Due to the administrative stay issued by THE CHIEF JUSTICE, the deadline imposed by the District Court has now passed. To that extent, the Government's emergency application is effectively granted in part and the deadline in the challenged order is no longer effective. The rest of the District Court's order remains in effect but requires clarification on remand. The order properly requires the Government to "facilitate" Abrego Garcia's release from custody in El Salvador and to ensure th...
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.
Here is the full order, including a statement from Sotomayor, joined by Kagan and Jackson: supremecourt.gov/opinions/24pdf…
Read 6 tweets
Chris “Law Dork” Geidner Profile picture
Apr 4
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.Image
Image
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:Image
Here is the opinion: supremecourt.gov/opinions/24pdf…
Read 4 tweets
Chris “Law Dork” Geidner Profile picture
Mar 15
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."
Boasberg adds that planes in the air are to be turned around, says clients need to be informed "immediately."

Planes that have landed, with people discharged, he says, he cannot act on.
The next hearing before Boasberg is set for 2:30p March 21.
Read 5 tweets
Chris “Law Dork” Geidner Profile picture
Mar 15
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.

Subscribe to Law Dork for more: lawdork.comMINUTE ORDER: The Court has reviewed Plaintiffs' Complaint and Motion for Temporary Restraining Order. Given the exigent circumstances that it has been made aware of this morning, it has determined that an immediate Order is warranted to maintain the status quo until a hearing can be set. As Plaintiffs have satisfied the four factors governing the issuance of preliminary relief, the Court accordingly ORDERS that: 1) Plaintiffs' 3 4 Motion for TRO is GRANTED; 2) Defendants shall not remove any of the individual Plaintiffs from the United States for 14 days absent further Order of the Court; ...
The judge has now also set a hearing for 5p today to consider certifying a class to protect all who would be subject to the administration's effort. Date Filed # Docket Text 03/15/2025 MINUTE ORDER: The Court ORDERS that the parties shall appear for Motion for Class Certification on March 25,20 2s. ring 0 pa. The hearing oil for Cla sy Cidiconie ence or the parties and by telephone for members of the public. Toll free number: 833-990-9400. Meeting ID: 049550816. So ORDERED by Chief Judge James E. Boasberg on 3/15/2025. (Icjebl) (Entered: 03/15/2025)
The lawsuit — J.G.G. v. Trump — was filed this morning in D.C. by the ACLU and Democracy Forward.

Complaint: storage.courtlistener.com/recap/gov.usco…Image
Read 6 tweets
Chris “Law Dork” Geidner Profile picture
Jan 9
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.

Law Dork's extensive coverage of challenges to the rule can be found here: lawdork.com/t/title-ix-ruleHaving determined that the challenged portions of the Final Rule are invalid, the Court considers the appropriate remedy. While the Department argues in favor of severance, the Court remains persuaded that the three challenged provisions fatally taint the entire rule. As the Court has explained, the definition of discrimination “on the basis of sex” lies at the heart of Title IX and permeates virtually every provision of the law. While not directly challenged in this proceeding, the Final Rule brings new requirements for handling grievances, training, recordkeeping, and processing complaint...
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.

U.S. District Judge Danny Reeves's ruling: storage.courtlistener.com/recap/gov.usco…
Here is Reeves's judgment in the case: storage.courtlistener.com/recap/gov.usco…2. The Final Rule entitled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance”, 89 Fed. Reg. 33474 (Apr. 29, 2024) is unlawful because: (a) Title IX’s prohibition on “sex” discrimination does not include the bases or conduct covered by § 106.02’s hostile-environment harassment definition, § 106.10, or § 106.31(a)’s regulation of sex-segregated facilities and programs; (b) it violates the Spending Clause and the First Amendment; (c) it is arbitrary and capricious; and, therefore, (d) the Plaintiff States, their political subdivis...
Read 5 tweets

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