The Supreme Court's FIRST opinion of the day is Lange v. California. In an opinion by Kagan, the court holds that pursuit of a fleeing misdemeanor suspect does not categorically justify a warrantless entry into the home.
Yikes, though: KAVANAUGH joins the portion of Thomas' concurrence sharply criticizing the exclusionary rule and asserting that it never applies to evidence illegally obtained in "cases of fleeing suspects." supremecourt.gov/opinions/20pdf…
The vote breakdown in Lange is pretty interesting, but both Kagan and Kavanaugh question whether Roberts' Fourth Amendment analysis is actually different, in practice, from the majority's. supremecourt.gov/opinions/20pdf…
The Supreme Court's SECOND decision of the day is in Collins v. Yellen. In an opinion by Alito, the court invalidates a law that prohibits the president from removing the director of the FHFA. But it's messy.
The current director of the Federal Housing Finance Agency, Mark A. Calabria, is a Trump holdover who is actively subverting the agency's mission by attempting to deregulate Fannie Mae and Freddie Mac. Thanks to today's decision, Biden can now fire him. supremecourt.gov/opinions/20pdf…
If Biden is serious about removing Trump holdovers in the executive branch who are sabotaging their own agencies and fighting the president's agenda—and he seems to be!—then Mark Calabria will be out of a job by the end of today.
Crucially, the Supreme Court *refused* to give the plaintiffs their preferred remedy, which would've cost billions of dollars and thrown the housing market into turmoil. That's a very good thing. vox.com/22106497/supre…
The Supreme Court's third decision of the day is in the case of the cursing cheerleader. In an opinion by Breyer, the court holds that schools "may have" an interest in regulating off-campus speech, those don't overcome the cheerleader's free speech rights.supremecourt.gov/opinions/20pdf…
Breyer refuses to censor the snap in question! Good for him. Only Thomas dissents.
Breyer kind of creates a test for measuring public schools' interest in regulating off-campus speech, though it strikes me as fairly mushy. Love the Voltaire trivia, though. supremecourt.gov/opinions/20pdf…
The Supreme Court's fourth and FINAL decision of the day is in Cedar Point Nursery. In an opinion by Roberts, the court holds that a state law ensuring union access to agricultural workplaces constitutes a per se taking. This is a very extreme decision! supremecourt.gov/opinions/20pdf…
Cedar Point is a major union-busting case with devastating ramifications for labor rights. The conservatives hold that guaranteed union access isn't a regulatory taking (which allows flexibility) but rather a "per se" taking, calling it a "physical invasion" of property.
In short, the Supreme Court's conservative supermajority just undid one of César Chávez's greatest accomplishments. This is an incredibly dark day for organized labor. A complete and total blowout against unions.
Because today's union-busting decision is fairly complicated:
(1) it won't get as much coverage as it deserves, and (2) conservative white men will be OUT IN FORCE policing others' criticism of the ruling as overly emotional, biased, confused, and incomplete. (Ignore them!)
Incredibly, Roberts continually claims precedent requires this result in Cedar Point when the Supreme Court considered a challenge to *this California law* in 1976—and dismissed it "for want of a substantial federal question." nytimes.com/2021/03/20/opi…
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The Supreme Court's FIRST decision of the day is in Minerva Surgical v. Hologic. It's a 5–4 decision, with Kagan writing the opinion for the court upholding and "clarifying" assignor estoppel.
While both Alito and Barrett dissented, they did so on very different grounds, and argued with each other over (among other things) what Scalia would've done in this case. supremecourt.gov/opinions/20pdf…
The Supreme Court takes up two new cases involving free speech and immigration and issues two per curiam decisions. Full order list here: supremecourt.gov/orders/courtor…
SCOTUS' new cases are Austin v. Reagan National Advertising (another First Amendment case about sign regulations!) and Patel v. Garland (limited to question 1 below), which sounds like a @ReichlinMelnick case. The court will hear these cases next term. supremecourt.gov/orders/courtor…
Here's the big news: In what appears to be a 6–3 vote, the Supreme Court *reverses* an 8th Circuit decision that found officers used no excessive force when they killed someone using brutal tactics reminiscent of George Floyd's murder. supremecourt.gov/orders/courtor…
The Supreme Court's FIRST opinion of the day is in TransUnion. It's another 5–4 decision with Thomas joining the liberals in dissent—the second of the week!
In an opinion by Kavanaugh, the court finds that most members of the class suing TransUnion for Fair Credit Reporting Act violations do not have standing.
These decisions don't make the headlines, but they illustrate the far-reaching impact of a 6–3 conservative majority. Thomas has twice peeled off from the conservative bloc to join the liberals, but it doesn't matter because, well, Amy Coney Barrett. supremecourt.gov/opinions/20pdf…
On the rule, created and enforced by heterosexual white men on this website *every damn day,* that your legal opinion is invalid if it arises from strongly held principles: repository.law.umich.edu/cgi/viewconten…
This is crucial. When <certain male commentators> want to police criticism of the judiciary, they often accuse critics of failing to understand some arcane aspect of the law—framing them as overly emotional amateurs who can't roll with the big boys. repository.law.umich.edu/cgi/viewconten…
The Supreme Court's first opinion of the day is in Goldman Sachs v. Arkansas Teacher Retirement System. Majority opinion by Barrett. There will be more opinions! supremecourt.gov/opinions/20pdf…
Letting @LeahLitman summarize this holding because I did not follow the case, which involves a securities fraud class action.
The Supreme Court's second decision of the day is in NCAA v. Alston. In an opinion by Gorsuch, the court *unanimously* upholds the district court's injunction against the NCAA based on "established anti-trust principles"! This is a big deal. supremecourt.gov/opinions/20pdf…
BREAKING: The Supreme Court throws out the challenge to Obamacare, holding the plaintiffs all lack standing: supremecourt.gov/opinions/20pdf…
Breyer writes for the court, holding that the states and the individual plaintiffs lack standing. Only Alito and Gorsuch dissent. supremecourt.gov/opinions/20pdf…
Alito, joined by Gorsuch, would hold that (1) the individual mandate is now unconstitutional, and (2) large portions of the ACA must essentially fall with it, becoming "unenforceable" against the state plaintiffs here. supremecourt.gov/opinions/20pdf…