Chris “Law Dork” Geidner Profile picture
Jun 21, 2021 13 tweets 6 min read Read on X
No new grants from #SCOTUS this morning. Here's the full orders list: supremecourt.gov/orders/courtor…
Opinions in one or more of the 15 remaining #SCOTUS cases from this term expected at 10a. We don't know which cases or how many will be decided, but those left include voting rights, financial disclosure, student speech rights, college athletes, and more.
First opinion is in Goldman Sachs v. Arkansas Teacher Retirement System. Barrett has the opinion for the court in the class-action case, vacating and remanding the 2nd Circuit. supremecourt.gov/opinions/20pdf…
Interesting vote divergence here, with Sotomayor dissenting in part as to the judgment and Gorsuch (joined by Thomas and Alito) dissenting in part as to the burden of persuasion. So, Barrett's full opinion was only for 5 justices (her, Roberts, Breyer, Kagan, and Kavanaugh.
Breaking: #SCOTUS unanimously rules that NCAA rules barring student athlete education-related benefits violate federal antitrust laws. Goruch writes the opinion. supremecourt.gov/opinions/20pdf…
From Gorsuch's conclusion:
Kavanaugh wrote a concurring opinion, although he also joined Gorsuch's opinion, to basically write that he is ready to take on the other NCAA compensation rules not at issue in this appeal.
Today's final #SCOTUS decision is in US v. Arthrex. Roberts has the Court's 5-4 opinion, finding that Administrative Patent Judges' authority under their appointment method is unconstitutional. [Clarified.] Thomas joins the 3 liberals in dissent. supremecourt.gov/opinions/20pdf…
From Thomas's dissent:
The Court's remedy is that the director can review the APJ decisions. Breyer — joined by Sotomayor and Kagan — agrees with Thomas on the merits but joins Roberts' opinion as to the remedy (in order to create a majority for the remedy, b/c Gorsuch declined to join that). Roberts:
Here's Gorsuch, dissenting as to the remedy:
Thomas also dissents as to the remedy, meaning that we have a 5-4 decision on the merits (Thomas, Breyer, Sotomayor, and Kagan, dissenting) and a 7-2 decision on the remedy (Gorsuch and Thomas, dissenting).
That's it from #SCOTUS today. With 12 decisions remaining — including voting rights, financial disclosure, student speech rights, and more — the next decision day is Wednesday.

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Chris “Law Dork” Geidner

Chris “Law Dork” Geidner Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @chrisgeidner

Apr 16
Breaking: Booksellers' challenge to Texas's book-ban regime succeeds at the Fifth Circuit.

Today, the full Fifth Circuit announced that the far-right judges of the court LOST a vote for rehearing en banc 8-9 after a 3-judge panel had previously upheld the dist ct's injunction. PUBLISHED ORDER Before Wiener, Willett, and Douglas, Circuit Judges. Per Curiam: The court having been polled at the request of one of its members, and a majority of the judges who are in regular active service and not disqualified United States Court of Appeals Fifth Circuit FILED April 16, 2024 Lyle W. Cayce Clerk No. 23-50668 2 not having voted in favor (Fed. R. App. P. 35 and 5th Cir. R. 35), on the Court’s own motion, rehearing en banc is DENIED. In the en banc poll, eight judges voted in favor of rehearing (Chief Judge Richman and Judges Jones, Smith, Elrod, Ho, Duncan, Engelhardt, an...
Surprising no one, Ho wrote to express his dissent. storage.courtlistener.com/recap/gov.usco…
Here's the panel's decision, which was unanimous and by Willett: storage.courtlistener.com/recap/gov.usco…
Read 4 tweets
Mar 4
There is highly questionable action from the Fifth Circuit this weekend, flagged to me by @steve_vladeck. On Saturday, the Fifth Circuit issued "a temporary administrative stay," allowing Texas S.B. 4 — the challenged Texas immigration law — to go into effect in 7 days. COURT ORDER granting a temporary administrative stay is granted. The Appellees’ request to stay the temporary administrative stay for seven days following the date hereof pending an application to the Supreme Court of the United States is granted. It is further ordered that this appeal is expedited to the next available Oral Argument Calendar.It is further ordered that Appellants’ opposed motion for a stay pending appeal is deferred to the oral argument merits panel thatreceives this case. [43] [24-50149] (CCR) [Entered: 03/02/2024 06:13 PM]
Here's my thread on the preliminary injunction ruling from Feb. 29:
Here are Steve's tweets on the Fifth Circuit's order:
Read 9 tweets
Jan 2
BREAKING: Fifth Circuit holds that fed'l emergency room protections (EMTALA) do not mandate that physicians provide abortions when that is the "stabilizing treatment" needed, upholding an injunction issued in a lawsuit brought by Texas. More to come: lawdork.com
For background on this issue (while I'm reading and writing), here's some a post relating to the still-pending SCOTUS stay application filed by Idaho in the inverse EMTALA litigation, where DOJ sued Idaho: lawdork.com/i/139439910/th…
Read 4 tweets
Dec 28, 2023
"What do you want me to say about slavery?" should be the end of Nikki Haley's political career. Q: What was the cause of the United States Civil War? Haley: Well, don’t come with an easy question or anything. I mean, I think the cause of the Civil War was basically how government was going to run. The freedoms and what people could and couldn’t do. What do you think the cause of the Civil War was? Q: I’m not running for president. I wanted to hear you view on the cause of the Civil War. Haley: I mean, I think it always comes down to the role of government. We need to have capitalism, we need to have economic freedom, we need to make sure that we do all things so that individuals have ...
Video:
I'm an independent legal journalist, so subscribe to Law Dork — there are free and paid options! — to stay informed and support my work. lawdork.com
Read 4 tweets
Dec 11, 2023
BREAKING: Supreme Court will NOT hear case over Washington's conversion therapy ban, over the objection of Thomas, Alito, and Kavanaugh. Thomas and Alito write.
Image
Image
Supreme Court also DENIES RFK Jr.'s request to intervene at SCOTUS in Murphy v. Missouri, the case over Biden administration social media influence out of the Fifth Circuit. Thomas notes his dissent. Image
Here is the full #SCOTUS orders list (the dissents are at the end): supremecourt.gov/orders/courtor…
Read 6 tweets
Oct 11, 2023
BREAKING: On a 2-1 vote, the 11th Circuit DENIES Florida’s request that it be allowed to enforce its anti-drag law against everyone in the state except the plaintiffs during the appeal.

tl;dr: The law remains wholly blocked.

Background at Law Dork: lawdork.com/p/florida-anti…
Image
Jordan and Rosenbaum, both Obama appointees, hold that the district court did not abuse its discretion in granting an injunction prohibiting all enforcement of the ban, given its underlying finding that the law is likely overbroad and this likely facially unconstitutional.
Brasher, a Trump appointee, dissents and would grant a partial stay, finding the injunction to be, itself, overly broad to achieving the goal of protecting the plaintiff’s rights.
Read 5 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us!

:(