#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:
#SCOTUS THREAD: Starting in 20 minutes, we are expecting one or more decisions. We don’t know which cases or how many. Twenty-two cases remain, however, including Obamacare, religious beliefs and gay rights, Voting Rights Act, NCAA, student speech rights, First Step Act, & more.
While you're waiting, you can read my latest, about next term's Puerto Rico SSI case:
Only one #SCOTUS opinion this morning, in Borden v. US. Kagan announces the judgment of the court, in which the defendant, Borden, wins in the ACCA case over whether recklessness criminal requirement qualifies as a violent felony. There is no majority opinion, however.
In my latest for @MSNBC, I write about the upcoming #SCOTUS Puerto Rico SSI exclusion case, Biden’s statement on the case, DOJ’s filing defending the exclusion, & why @POTUS knows better than to think this is the best he can do. [Spoiler: It’s about DOMA.] msnbc.com/opinion/puerto…
“Biden’s statement and his Justice Department’s actions reinforce the racist history that allowed for such exclusion in the first place.” msnbc.com/opinion/puerto…
Neals, who is 56, was originally nominated to the district court in 2015 by Obama. He was renominated (although for a different seat on the same court) by Biden this year.
Biden's second judicial nominee is due to be voted on later this afternoon. Regina Rodriguez, who is 57, was originally nominated to the district court in 2016 by Obama. She was renominated (for a different seat on the same court) by Biden this year.
It was 18 years ago, in spring 2003, that I fell in love with the whole coffee shop studying/working idea, and it’s stuck since (as everyone in Columbus and DC who knows me knows). I missed losing myself for hours in these almost-magical-for-me places. I’m so glad to be back.
The first thing I really dug into at a coffee shop was my first work as a research assistant for @MarcSpindelman, coding the Lawrence v. Texas briefs, which meant reading every merits and amicus brief closely — a couple of weekends that, looking back, probably changed my life.
And it continued. A few years later, I studied (successfully) for the bar at a coffee shop. Years later, I started my journalism career writing stories from coffee shops in DC. And so it continued through to tonight. Sitting there after more than a year away filled my heart. 💖
#SCOTUS will not hear the challenge to male-only selective service registration. Justice Sotomayor writes for her, Breyer, and Kavanaugh, talking about changes to women’s role in the military, but concluding that “at least for now,” deference to Congress makes sense.
Just to put this in a #SCOTUS news thread while we await opinions: A response was requested for the CDC eviction moratorium #SCOTUS application, per the Court's PIO. It is due 5p Thursday. (We got this info last week, but I forgot to hit send on the tweet.)
@thewydown There is only one opinion from #SCOTUS this morning: Van Buren v. US, about the Computer Fraud and Abuse Act. Barrett has the majority 6-3 opinion, reversing the 11th Circuit and FOR the defendant in the case. Thomas, joined by Roberts and Alito, dissents.