#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.
#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.)
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:
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.