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Chris “Law Dork” Geidner Profile picture
@chrisgeidner
Jun 21, 2021 • 13 tweets • 6 min read • Read on X
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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.

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More from @chrisgeidner

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
Chris “Law Dork” Geidner Profile picture
Nov 19, 2024
This is the shot of the night.

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. Schumer at the lectern, hands gripping over the top of it. TEXT: MR. SCHUMER: I MOVE TO PROCEED TO EXECUTIVE SESSION TO CONSIDER CALENDAR 711.
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. Senate floor: Partial Text: "THIS VOTE SERIES BEGAN AT 6:32pm ET"
Read 9 tweets

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