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

17 Jun
Breaking: The Supreme Court rejects conservative states' challenges to the ACA on standing grounds. Opinion by Breyer for the 7-2 majority. Alito and Gorsuch dissent. supremecourt.gov/opinions/20pdf… ImageImage
That opinion being from Breyer means any remaining opinions released today — and there will be at least one more — will be from Breyer, Thomas, or the Chief Justice.
Thomas concurs, defending the majority against Alito's dissent. Image
Read 20 tweets
16 Jun
Some personal news: I’m going to be leaving @theappeal at the end of June. It’s been a privilege to be a part of a team doing such important criminal justice and related journalism — journalism that I look forward to continuing to support.
For me, I’ll still be writing over the summer, including at @MSNBC, but I also plan to take some down time—2020+ was a lot!—before jumping into something new. I don’t have that next thing set yet, so I am open to ideas and will be talking w/ many of you! (DMs open, email in bio!)
More to come, on all fronts, but I just wanted to let folks know what I'm up to — and that I'm looking forward to exploring what's next for me over the coming months! My career has been a series of unexpected adventures, and I doubt whatever's next will be any different.
Read 6 tweets
16 Jun
Here's the (very brief) email that led to that late Jan. 3 call discussed in earlier stories between a senior DOJ official and the US Attorney for the Northern District of Georgia: Image
Less than 10 hours later, BJay Pak, the US Attorney in question, had submitted his resignation. Image
After Cc'ing the senior DOJ official, Richard Donoghue, on his goodbye email to his office, which did not directly reference any of the shenanigans going on, Donoghue replied that Pak was a "class act." Image
Read 8 tweets
14 Jun
#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.
No new cases granted by #SCOTUS this morning.
#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.)
Read 13 tweets
10 Jun
#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.
Read 13 tweets
9 Jun
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…
Biden knows better. msnbc.com/opinion/puerto…
Read 4 tweets

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