BREAKING: The court rules in favor of a Catholic social services organization that sued Philadelphia after the city excluded it from a foster-care program due to the organization's refusal to certify same-sex couples as foster parents. supremecourt.gov/opinions/20pdf…
Chief Justice Roberts delivered the opinion of the court joined in full by Justices Breyer, Sotomayor, Kagan, Kavanaugh and Barrett.
Justice Barrett wrote separately to concur joined by Justice Kavanaugh and Justice Breyer (in all but the first paragraph). Alito and Gorsuch both filed separate concurring opinions. Alito's joined by Gorsuch and Thomas. Gorsuch's joined by Alito and Thomas.
Here is the first paragraph of Justice Barrett's concurrence that Justice Breyer does not join.
Justice Alito says it is time to reconsider Employment Division v. Smith. "This severe holding is ripe for reexmination."

Here's his opener:

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More from @SCOTUSblog

7 Jun
The Supreme Court adds one new case to its docket for next term: a case about whether the federal government can assert the state-secrets privilege to avoid disclosing evidence in a lawsuit brought by Muslims who say they were targeted for surveillance based on their religion.
Here is the full order list: supremecourt.gov/orders/courtor…
SCOTUS also declines to take up a constitutional challenge in which @ACLU argued that the government is committing sex discrimination by requiring only men, and not women, to register for the military draft.
Read 5 tweets
3 Jun
NEW: SCOTUS adopts narrow reading of a key phrase in the Computer Fraud and Abuse Act (specifically, the definition of "exceed authorized access" on a computer). Court tosses the conviction of a police officer who searched an official police database for personal purposes.
The 6-3 ruling is the first time SCOTUS has ever interpreted the Computer Fraud and Abuse Act, a federal law intended to criminalize hacking that critics argue is overly broad. Barrett delivered the opinion of the court in Van Buren v. United States. supremecourt.gov/opinions/20pdf…
Very interesting line-up in today's opinion: Barrett, Gorsuch and Kavanaugh join the court's three liberals to form the majority. Thomas dissents, joined by Roberts and Alito.
Read 4 tweets
17 May
BREAKING: The Supreme Court agrees to take up a major abortion case that will give the court an opportunity to reconsider Roe v. Wade and Planned Parenthood v. Casey. The case involves the constitutionality of Mississippi’s ban on most abortions after 15 weeks of pregnancy.
Here is the orders list with a snapshot of the grant.
Question 1 is "Whether all pre-viability prohibitions on elective abortions are unconstitutional"
And here is more background on Dobbs v. Jackson Women's Health Organization. scotusblog.com/case-files/cas…
Read 5 tweets
26 Apr
BREAKING: The Supreme Court agrees to take up a major gun rights case. In NY State Rifle & Pistol Assoc. v. Corlett, the justices will consider the extent to which the Second Amendment protects the right to carry guns outside the home for self-defense.
SCOTUS also adds two other new cases to its docket for next term. One is a case brought by a former associate of Osama bin Laden; it's about the state secrets privilege. Here's more on United States v. Zubaydah. scotusblog.com/case-files/cas…
The other is a First Amendment case about the authority of a public community-college board to censure a board member for criticizing other members. Here's more on Houston Community College System v. Wilson. scotusblog.com/case-files/cas…
Read 4 tweets
26 Apr
1/ The Supreme Court has a busy week ahead. Six oral arguments, more opinions expected, and potential new cases added to next term's docket. Here's what you need to know:
2/ Today the court will release orders that could include decisions on whether to take up closely watched cases on abortion & gun rights.

Then, two oral arguments: conservative nonprofits' challenge to California's donor-disclosure rule, followed by toxic waste cleanup in Guam.
3/ On Tuesday, two more oral arguments: a clash over the meaning of a single word in a statute about renewable-fuel standards, followed by a case about prosecutions of noncitizens for criminal re-entry into the United States.
Read 5 tweets
19 Apr
NEW: SCOTUS adds one new case to its docket for next term: Hemphill v. New York, a criminal-procedure case about the interaction between hearsay rules and the right of defendants to confront witnesses against them. Still no action on major petitions involving guns and abortion.
Here's this morning's order list: supremecourt.gov/orders/courtor…
The court denies review in Whatley v. Warden, a death-row prisoner's claim that he received ineffective assistance of counsel because he was tried & sentenced while wearing shackles. Justice Sotomayor dissents from the denial, saying she'd send the case back for new sentencing.
Read 4 tweets

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